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Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....stions has been well settled by a series of decision starting from 1949 till today. It is true that the earlier decisions are with regard to section 26F of the Bengal Tenancy Act but the material provisions of section 26F of the B. T. Act and those of section 96 of the East Bengal State Acquisit......ngle Judge cannot be sustained. This appeal is allowed and the order of the High Court Division is set aside and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980)..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhet alleging that the accused appellants formed into unlawful assembly being armed with gun, lathi etc., trespassed into the house of informant with the ..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ir favour the High Court Division was in error in granting stay which had the effect of injunction the petitioner performing a right under concluded contract Mr. Ahmed contended that in view of the provision of the Specific Relief Act, particularly sections 54 and 56, the respondents 1 and 2 were ......forming their contractual obligations. 4. Khondker Mahbuddin Ahmed, the learned Counsel appearing for the appellant canvassed that there being no violation of any statute or rule having force of law and there being no concluded contract between the Government and the respondents 1 and 2 creat..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....f the Order shall vest in the Government on the commencement of the Order on 28-2-1972 and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of the Order………………………(5) Once the appropriate authority decides......of 1978) Judgment: Kemaluddin Hossain, CJ.—In this appeal a question of some public importance is involved, in that whether the learned Judges of the High Court Division were well founded in law in directing the abatement of a writ petition in view of sub-paragraph (1) of paragraph 5 read..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
.... 144 was misconceived and incompetent and so dismissed the revision case. 2. The principal question is whether section 144 of the Code is available to a Court of Small Causes. To appreciate some provisions of the Small Cause Courts Act and Code of Civil Procedure are to be mentioned. First, to ......l Revision Case No. 379 of 1977). Judgment Kemaluddin Hossain CJ.- In this appeal facts are not complicated nor they require to be recounted in detail, but a short but important question of law in involved, in that, whether a Court of Small Causes can exercise powers under section 144 of t..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....8(b) expressly lays down that the authority is Competent to dismiss or remove the accused from service or to reduce in rank if satisfied. In the Government Servants (Discipline & Appeal) Rules, 1976, provisions for appeal review and revision have been given whereas in President's Order No. 67 of 197...... has recommended stoppage of increments in pay which is to be found in clause (ii), the Government has imposed the punishment of removal without assigning any reason. Whether this is permissible by law. 19. In the case of M.A. Hai V. Trading Corporation of Bangladesh (C.A. No. 101 of 1976) the ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ustoms waters and territorial waters were synonymous but as the trawlers were captured outside the territorial waters but within the economic zone, they were not triable or cognizable under the penal provision of the Customs Act, 1969, and whereas no rules have been framed under section 9(e) of the ...... K. Hossain, CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in which a common question of law of great public importance is involved. The matter relates to the capture of three Thai Fishin..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....te Tribunal, however, on an application of the assessee referred the following questions of law to the High Court Division: "(1) whether, on the facts and in the circumstances of the case the provisions of section 4 (3)(1) of the Income Tax Act, 1922 were rightly applied by the Income Tax ....... 5 of 1973 and Reference Case No. 11 of 1969 respectively under section 66(1) of the Income Tax Act, 1922. Excepting the assessment years, the relevant facts of the two appeals and the question of law also being common the appeals have been heard analogously and are being disposed of by this Judg..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......ration to the extent the learned Advocate-on-Record wants to establish. There being no word of limitation as to the nature of transfer in the section any transfer which is a transfer in the eye of law subject to the restriction laid down in the section is preemption, In this regard the decisi..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
.... which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188 of this Code. Explana......ustoms Act in that the gold bar bearing the inscription of London manufacturer showed that it was of foreign origin but was imported into the country in contravention of restrictions imposed by law and the appellant acquired its possession without any licence from the authorities. The Magist..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....ising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of public importance is involved in that whether a monthly tenancy created under the provision of section 106 of the Transfer of Property Act is heritable upon the death of the tenant......Respondents. S.R. Pal, Advocate- amicus curiae Civil Appeal No. 108 of 1977 (Arising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of public importance is involved in that whether a monthly tenancy created under the provision o..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......re, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has no existence in the eye of law and it must be set aside. Such enquiry is permissible within the scope of Order IX, rule 13 of t..Category: Property Law | Date: | Hits: 69
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....ed to file an application under section 34 of the Ordinance. In upholding this view in the latter case this Court observed as follows: "But such workman can take advantage of the said provision so long as he continues to be in employment, because as the definition of 'a workman' or......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....r Lordships as to the justice and equity or otherwise of the disallowance of the expenses in question, no such matter really arises. What is to be decided is the true meaning of the various provisions of the ordinance, not expressed with any notable clarity. The respondent is entitled to......stood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.…………….(14) Waqf-al-al-awlad- Muslim law does not make any difference between charitable purpose and religious purposes. The Bengal Ag..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....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 ......gh Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim that his substantive post of Chief Accountant of M/S. Karim Rubber Industries Ltd., was not terminated according to law. 2. Facts are that the appellant, Bangladesh Chemical Industries Corporation has been created..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Proclamations and Martial Law Regulations. The Constitution though not abrogated, was reduced to a position subordinate to the Proclamations, inasmuch as, the unamended and unsuspended Constitutional provisions were kept in force and allowed to continue subject to the Proclamation and Martial Law Re...... 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulations. The Constitution ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....he Code of Criminal Procedure, 1898 (Act V of 1898), Section 561A. The Special Powers Act, 1974 (Act XIL of 1974), Section 29. Section 29 of the Special Powers Act has made applicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those conta......Division has been take away by the Special Powers Act and the proceedings pending before it cannot be quashed under section 561 A. of the Code of Criminal Procedure is not a correct exposition of law. 8. The next question is whether the proceedings of the instant case should be quashed. M..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....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. ......sable" or "non-cognisable case" respectively. A cognisable case means "a case in, which a Police Officer, within or without presidency towns may, in accordance with the second schedule or under any law for the time being in force arrest without warrant". Similarly, a non-cognisable case means "a c..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
.... 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, and since no question of two conflicting decrees coming into existence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: ......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)
....s been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest.......e. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Court In F.A. No. 362 of 1969). Judgment: K. Hossain, CJ.— The short question of law involved in this appeal is when land is acquired under section 93 A of the Town Improvement Ac..Category: Others | Date: | Hits: 86
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