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Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. Civi......f the High Court Division refused to grant relief in the Writ petition on the view that "a licences cannot claim any vested right of renewal of his licence or the provisions of law referred to by the petitioner gives him any such right". The learned Judge further observe..Category: Property Law | Date: | Hits: 93
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......next following 30th day of June inclusive it shall be deemed that there is no previous year for the said assessment year and the previous year which would otherwise have been deterÂmined according to the option exerÂcised by the assessee shall be deemed to be the previous year for ...... answered in the negative. We make no order as to costs.
Ed.
......onsent to the action taken we do not think that the asses-see can now retrace its own action and seek relief in this forum."
The Tribunal, however, considering this as an important question of law referred the question for the opinion of the High Court. The High Court answered the quesÂtion ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......nbsp; Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment April 29. 1980. Cases Referred to- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs......nbsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the t..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......in Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin ladyâ€......From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a docu..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner befor......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....the offence, it was his duty to proceed to deal with the evidence brought before him and to see that all the persons who might be proved by the evidence to be concerned in that offence are brought to justice. 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......f the complaint is in writing the examinÂation of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee MaÂgistrate is not bound to re-examine the comÂplainant…………(3) The trying Magistrate in the instant case wholly e......te but if he has already examined the complainant, the transferee MaÂgistrate is not bound to re-examine the comÂplainant…………(3) The trying Magistrate in the instant case wholly erred in law when he declined to conÂsider the case of the present appellants on the ground that this being ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constit......and 136 of 1972 P.O. No. 24 of 1973 The President’s Order Nos. 88 and 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereo..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side 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) 231. ......side 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) 231. ......quisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-pa......ngle Judge cannot be sustaiÂned. 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 proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......9, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under sect...... 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 unlawÂful 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)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... ......Âforming 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 GoÂvernment 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)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......Order, 1972 (President Order No. 16 of 1972) and Martial Law Regulation VII of 1977 On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as......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 directÂing 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)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is reqÂuired to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to t......l Revision Case No. 379 of 1977). Judgment Kemaluddin Hossain CJ.- In this appeal facts are not complicated nor they require to be recounÂted in detail, but a short but important quesÂtion 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, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....appellant but the appointing authority passed the impugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opporÂtunity for cross-examining the witnes......o express any opinion on this point. MoreÂover this point appears to be covered by the decision in 31 DLR (AD), 33. 16. The Screening Board had found him guilty. Therefore, the recommendation was accordingly made by the Board but it did not advert to the contention that the Board had recommended......……………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appoint...... 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 permisÂsible 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)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ...... Lee Mongkolnimite...............Respondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney...... 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 imÂportance 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)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ifferent sources, such as property tax, ground rent, bazar collection, and worked out a surplus which was not expended or set apart for being ex-pended in Pakistan and as such this surplus is taxable according to the proviso, Mr. Bhuiyan has contended that the High Court Division has misconstrued s......come Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(....... 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 reÂlevant 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
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... is indispensably necÂessary for adjudication of the election petition. ..…………(13) The High Court Division thereÂfore had acted correctly in the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of which was started by the Elec....... The High Court Division however, checked the valid ballot papers of these 14 polling centres. Finally this process recouÂnting showed that the Respondent 2, Abdul Jalil, had a lead of 20 votes and accordingly it declared him elected as Chairman after setting aside the decision of the Election Tri......ecounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practices. ..…………(13) Only the Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been lai...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
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 ......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 ......cy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra ......raÂtion 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 preÂemption, In this regard the decisi..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....en present at the scene of the crime, but quashed the conviction and acquitted the accused on the ground that the trial Court's direction to the jury was misleading which resulted in misÂcarriage of justice. Thereafter, Connelly was put on trial on a charge of robbery which ultimately ended in conv......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......t Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not chall......usÂtoms Act in that the gold bar bearing the insÂcription of London manufacturer showed that it was of foreign origin but was imported into the country in contravention of restrictions imÂposed by law and the appellant acquired its possession without any licence from the authoÂrities. The Magist..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......te serious complications which would otherwise originate if we treat a monthly tenancy under section 106 as full fledged lease of proÂperty and so heritable. To illustrate, if it is heritable, then, according to the personal law of the tenant, it will be inherited by the whole group of heirs contem......espassers, beÂcause neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of tenant by sufferance………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha (1960) 12 DLR 37, Anwarali Bepari vs. Jamini Lal Ray Chowdhur......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)
....te Court below, is that summons were fraudulently suppressed and once the fraud is established, limitation will run only from the date when the fraud was detected. It is contrary to the essence of justice to saddle a person with knowledge of an ex parte decree which apparently was built up on the......ocesses were served in accordance with law. The petition was barred by limitation because the defendant had knowledge of the decree as far back as on 21-3-66 when be first resisted Process Server and accordingly dismissed the miscellaneous case. The Appellate Court below, however, found that the sum......he respondents for ejectment after termination of tenancy under section 109 of the Transfer of Property Act. The suit was filed on 12-1-66 and it was decreed on 23-2-66 ex-parte. The decree was put into execution immediately and the Process Server went to the suit property on 21-3-66 to execute the ......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
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