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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......S.R. Pal, and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal No. 134 of 1978 And Civil Appeal Nos. 39, 140 and 126 of 1979 Judgment Kemaluddin Hossain CJ.- The question involved in all those appeals relates to members of Police Service from the rank of Sub-Ins......79 was also an officiating Sub-Inspector of Police posted at Baidyer Bazar Police Station in the district of Dacca. He was compulsorily retired from service by the order dated February 6, 1978 in the facts and circumstances similar to those in Civil Appeal No. 39 of 1979. He also complained of non-c..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......bsence of such member and no act, proceeding, decision or award of a Court shall be invalid merely by reason of absence of any such member from any sitting of a Court and no Court shall call in question any such fact, proceeding, decision or award.” Reference was also made to......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ified teachers and they were appointed in the usual course. Had it been the case that because of the requisition order the wife of the Additional Deputy Commissioner was taken in then there was no question of taking the present Additional Deputy Commissioners wife in the teaching staff when the ......the ladies are qualified teachers, then the factual aspect of malafide is removed and therefore, there is hardly anything more before the Court to say that the requisition was passed malafide. The facts that have been alleged for malafide are not substantiated. The teachers are qualified teacher..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......ously passed. Moreover, no objection was taken to the holding of the meeting. Respondent No. 1 alleged no other Irregularity in either holding the meeting or passing the resolution. In view of the facts and circumstances mentioned above, the absence of rules which were not still framed on the da..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......n to the analysis of the election result. 21. Purpose of law is to elect the people representative through election process. It is the verdict of the people that the law wants to uphold. The question is whether in holding the election there had been any infraction of election rules, which ...... thereby, or that petitioner was responsible for the breach of trust; and that High Court Division was wrong in summarily dismissing the writ petition. Leave was granted to consider whether in the facts and circumstances of the case the contention can the sustained. 9. It has been notice..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......or the same need not be sought in any supervisory jurisdiction beyond the provisions of the Code." With this observation the Rule was discharged. Leave was granted to consider the question relating to the jurisdictional authority of the Sessions Judge in taking cognizance whi...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......it Petition Nos. 632 to 637 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other s......ad or too narrow construction given by the rival contentions of the Bar cannot be accepted. 13. It is true that the word 'mala fide' cannot and ought not to be defined' as much will depend on the facts and circumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala f..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......s the defendants were liable for the delay in the discharge of the cargo owing to prolonged discussion and negotiation. 7. Defendants appealed against the decree. Leave was granted to consider the question whether the suit was maintainable under section 6 of the Admiralty Court Act and whether th......of all the attendant circumstances. A conclusion so reached that a particular act was reasonable or unreasonable is in general a conclusion of fact; it is an inference of fact from a given set of facts." The Court did not find any reason to disturb the concurrent finding of fact. 28. In ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......nd road. He made representations to the authority against inclusion of his lands as hat and bazar which were of no avail. 4. On behalf of Government it was stated that the properties in question were situated within the periphery of the hat and bazar locally called Sultan par bazar. ...... meaning of the word periphery, though it had several other meanings which were not considered at all. Such other meanings, he asserted, were more appropriate to decide the question in the facts of the case. According to him, the word 'periphery' meant 'bounding line or surface the ou..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......This is an appeal by special leave by the Revenue against the judgment and order of the High Court Division in Application No. 155 of 1972 under section 27 of the Wealth Tax Act. 2. The question is whether the house property of the assessee should be valued under rule 8(9) or rul......quot; 3. The Commissioner of Taxes raised a question of law before the High Court Division under section 27 of the Wealth Tax Act which is as under: "Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in ho..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......e suit is for specific performance of contract and so unless a decree on the contract is given and is completed by execution of the Kabala, no title accrues in favour of the purchaser and hence the question of possession becomes secondary. In a suit of this nature possession is not linked up with......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......separately under rule 8(2) read with section 7(1). 5. The assessee maintained accounts regularly, and Wealth Tax Officer did not suspect any fraud on the part of the assessee, now, the only question is whether the shares in question could be revalued at the market rate or at cost. Section...... the Wealth Tax Officer while taking recourse to the provisions of section 7(2) (a) of the Wealth Tax Act can make such adjustment in valuation given in the balance sheet, as he thinks fit, in the facts and circumstances of '.he case. He further canvassed that in the instant case the ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......s out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the cir...... hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the circumstances of the case the Tribunal was justified in its decision that divid..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......But where it is established that the family possessed some joint property which from, its nature and relative value may have formed the nucleus, from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... of the residence portion of 12, Farashganj Road, Dacca jointly with the defendant. 6. Against this decision the defendant preferred an appeal before the High Court at Dacca, raising several questions of law and fact. The learned Judges of the Division Bench, however, affirmed the decision......s estopped from putting up the claim that the properties were acquired by him for himself and that the defendant was his benamdar. 38. The law of benami has not been properly applied to the facts of this case by either the learned Subordinate Judge or the learned Judges of the High Court ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the question as to whether the Sessions Judge and Special Tribunal was competent to pass the order vaca......it for retrial. In other words, a fresh trial may be held at the discretion-of the court, and this discretion being a judicial discretion must be exercised properly applying the court's mind to the facts and circumstances of the case. The offences involved in the two cases are serious in nat..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ht be allowed to enforce the securities as provided in law and realise its dues against the loan given to the appellant company. Leave was granted to the appellants to examine the question as to whether on the principles of dissolution of a partnership firm a private limited com......ere was the alleged deadlock that by itself is no valid ground for winding up the company. 12. Syed Ishtiaq Ahmed, the learned Counsel for respondent No.1 submitted that the findings of facts are based on materials duly considered by the High Court Division which allowed winding up no..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......f any right guaranteed under 'any law' to a person who is a worker under the Industrial Relations Ordinance is quite maintainable." 4. These observations of the High Court Division begs the whole question namely, whether the DIT is commercial or industrial establishment within the meaning of the......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ty Secretary, Ministry of Public Works & Urban Development. Public Works Division, Govt of Bangladesh cancelling the lease of Plot No. 701, Road No. 30, Dhanmondi Residential Area, and the question involved is whether the learned Judges of the High Court Division after finding that the ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......asud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1957 and also wheth......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
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