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Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whether on the facts and circumstances of the case, wakf-al-al-aulad has created a Muslim trust wholly for religiou......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....le Judge of the High Court Division, passed in a Second Appeal. The learned Judge set aside the judgment of the first Court of appeal and affirmed the judgment passed by the learned Munsif. 2. The facts in brief are that the plaintiffs brought a suit for recovery of money by way of damages agai......elow restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....s that the respondent when he was appointed Administrator ceased to be Chief Accountant of the Company. If that be so, he becomes an employee of the Corporation for which a writ lies. But then on facts this stand is untenable as in the earlier writ petition filed by the Respondent against his ......LR (AD) (1980) 133 ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....tial Law Regulations. I fully agree with Mr. Shahabuddin Ahmed that as a matter of principle a constitutional document should be construed in the context and the background of the relevant historical facts. There is no doubt that this certainly helps in giving correct interpretation to the constit......AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....in AIR 1963 (SC) 1044. Lastly, it is a discretion of the Court as to whether the jurisdiction under section 34 of the Arbitration Act is to be exercised. The Admiralty Judge was satisfied that in the facts and circumstances such discretion cannot be exercised. There is the end of the matter. In t......) (1980) 107 ...... 10 of 1940), section 34. Bill of Leading Charter party The question of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the appellants can only be determined on taking evidence and not by arbitration. It is the discretion of the Court as to whether the jurisdiction un..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....the same should not be interfered with at an interlocutory stage or even at the early stage in exercise of the inherent jurisdiction of the High Court under section 561A of the Code. Of course, facts of a particular case may call for interference under section 165 A of the Code where e......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-......misconceived. Whether the statement made by a co-accused is admissible or whether a conviction should be based upon such exculpatory statement is the question for the trial Court to be decided on evidence. It is too early to say whether there is any truth in such statement. The law on quashing h..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....f Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes a ‘case' within the meaning of the term used th...... (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is dismissed. ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....der the provisions of Order 41 rules 4 and 33 of the Code. We think there is substance in what learned Advocate says. It is so be observed that we are deciding a narrow question involved on the facts of the present appeal in that, in a suit for declaration of title and recovery of possession...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, an......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ter lapse of four years and thereby depriving the appellant from his entire service during the period and the benefits derived by him. 6. Leave was granted to examine the question whether in the facts and circumstances the office order dated November 16, 1972 issued by the Secretary, Banglade......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....etition being No. 986 of 1978 filed by the appellant challenging the Order compulsorily retiring the appellant, Chief Accounts Officer of the Tariff Commissioner, on ground of misconduct. 2. The facts leading to the impugned order are that the petitioner at the relevant time was employed as the......vision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and another…………................Respondents Judgment August 8, 1979. The Governme......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....he special statute, namely, P O. 50 of 1972, and not as an ordinary criminal case under the Penal Code. He submitted that the learned Judge of the High Court Division did nor correctly appreciate the facts of the case and accordingly, discharged the Rule on the erroneous view that "The submission of...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... on the erroneous view that "The submission of final report so far as the accused petitioner is concerned has not created right inhering in him so as to disentitle the prosecution to prosecute with evidence which was not available earlier". He further submitted that this case, in. any view of the ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
.... was neither held properly nor bonafide and the enquiry report was a perverse one, being not based on any evidence. The High Court further found that the order of dismissal was not warranted in the facts of the case and the order of the Labour Court was set aside. The High Court Division, however,...... (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972......ts Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court D..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....sence of the Rules prescribed for the purpose by the statute is ultra vires the members and further the section in the absence of the prescribed rules also becomes unworkable. 13. The admitted facts are that 8 dissident members framed the charges, required the appellant to show cause to the m......pellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordi...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....on 96 of the Act is not available. 7. With reference to the case Haynes v. King Mr. M. H. Khondkar submitted that the word 'contiguous' has been construed as "neighbouring" in the context of the facts of the case, but on the same analogy the word 'contiguous' as occurring in section 96 cannot......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....arned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landl......e Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the fina......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
.... of the principles of natural justice has been considered while interpreting Article 7 of the Government of Bangladesh (Services Screening) Order 1972, P.O. 67 of 1972 are not applicable to the facts of this case. In view of the elaborate proceedings taken under the Rules the contention of Ban....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgme......ment Servants (Discipline and Appeals) Rules, 1976 as adopted by the Trading Corporation of Bangladesh. 3. The Enquiry Officer examined six witnesses in support of the charges framed and their evidence was taken in the absence of the appellant. After the inquiry report the appellant was provi..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....of the Waqf Ordinance, 1962. 2. Since the question has been raised by the Defendant-appellants immediately on the presentation of the plaint and before the filing of the written statement the only facts are the plaint allegations. In view of the question involved we do not feel that a detailed ......9 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....nder Article 102 of the Constitution. The High Court summarily rejected the application on January 25, 1977, on the ground that it was for the Special Tribunal concerned to decide as to whether the facts of the case attracted the provisions of the Special Powers Act and whether the Special Powers ......reme Court Appellate Division Criminal Present: Kemaluddin Hossain, CJ. Fazle Munim, J K.M. Subhan, J. Siraj Miah................................Appellant. Vs. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....take cognizance of the offence under section 27 of the Special Powers Act and while acting as a Special Tribunal he was competent to revise an order passed by the Sub-Divisional Magistrate. 2. The facts leading to the question are that the appellant who travelled from Bangkok to Dacca on 27.3.7......me Court Appellate Division (Criminal) Present: Fazle Munim, J K.M. Subhan, J Badrul Haider Chowdhury, J Zahidul Haque.......................... Appellant. Vs. Bangladesh and others.........Respondents Judgment August 20, 1979. The Special Powers Act, 1974 (Act......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ..Category: Criminal Law | Date: | Hits: 63
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