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Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......The High Court Division upheld that order in the appellant's Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......und of limitation the learned Single Judge by the impugned order dated 19th November, 1985 refused to recall the order dated 30th July, 1985. 6. Leave was granted to consider whether in the facts of the case the disposal of the appeal on the point of limitation amounts to disposal on meri..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....servations of great import, I have quoted in extenso without trying to rephrase, summaries or improve upon them, are straightaway applicable to our Article 102 (2) (b) (i) which is drafted in terms identical to those in Article 98 (2) (b)(i) of the Constitution of 1962. 36. In Government o......roclamation. The respondents have challenged this new plea, neither raised before the High Court Division nor in the petition for special leave to appeal, nor any leave was granted on that point. A question of fact or a mixed question of fact and law ought to be raised in the High Court Division,......ibunal constituted under the said Martial Law Regulations shall, on the commencing day, stand transferred to the Criminal Court which would have jurisdiction to try the offence constituted by the facts of the case under the ordinary law and shall be tried by such Criminal Court in accordance w..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... also submitted that, whereas the High Court Division was required in revision to consider only error of law, if any, committed by the District Judge, it exceeded its jurisdiction in entertaining new facts explaining the delay by way of admitting supplementary affidavit by the defendants. He also ma..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......2) is being consistently followed by the High Court Division (see Md. Wasiq Khan Vs. Md. Sabiq Khan, 33 DLR 35 and Jaharunnessa Vs. Safed Ali Bepary and others, 36 DLR 253). 6. The suit in question was transferred from one Court to another by virtue of a Gazette notification. The transfe......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......to the Investigating Officer with regard to the participation of the appellants in the commission of the murder of her husband are very material and non‑mentioning of these vital and material facts to the Investigating Officer amounts to contradiction and the learned Judges of the High Cou..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ment of the plaintiff‑appellants. 4. Mr. Azizur Rahman Chowdhury, learned Counsel for the plaintiff‑appellants, submits that the conduct of the respondents, as revealed from the facts above, is self‑explanatory. The suit was decreed ex parte on 11.8.75 and the series of..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......d order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No. 131 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether, on the death of a monthly tenant judgment‑debtor, his heirs can be substitute......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......nd decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 138 of l972). Judgment: Kemaluddin Hossain, J.—This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. T......38 of l972). Judgment: Kemaluddin Hossain, J.—This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for k..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......d by the appellant is a fact accomplished and in that view of the matter the respondent No. 2 cannot be allowed to go behind the order of dismissal nor could we go behind the said order which is a question which was never agitated by respondent No. 2 at the appropriate stage. In the result the a......he petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are that the appellant is a Co-operative Society registered under Co..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat is, the petitioner in the Criminal Revision No. 516 of 1967 and submitted a requisition slip calling for two unreported decisions in Criminal Revision Case Nos. 413 and 454 of 1966 in which the identical question of law was involved. Thereafter he began making his submission before the court...... the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is to be noted that the petition for special leave to appeal was barred by 146 days. The question of limitation was left open at the time of granting leave to be decided at the time of hea......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... P. C. nor even every act done by him while he is actually engaged in the performance of official duties, but where the act complained of is directly concerned with his official duties so that, if questioned it could be claimed to have been done by virtue of the office then sanction would be nec......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ....... 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240), Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742). 6. It is clear that the main question for decision in the appeal is purely one of law relating to true meaning and scope of sect......uch assemblies are designated as unlawful assemblies. Section 141 defines an unlawful assembly. Section 142 says that a person is considered to be a member of an unlawful assembly if being aware of facts which-render any assembly an unlawful assembly he intentionally joins that assembly and cont..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... sentenced him to pay a fine of Tk. 200/- in default to suffer simple imprisonment for 5 days making the Rule partially absolute. 5. Special leave to appeal was obtained to consider the following questions: "(i) whether the appellants came to know about the injunction order before the meetin...... words were repeated by Haji Jalaluddin Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances and evidence on record we have no reason to hold otherwise. Now the question is..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......n. He, however, with the reduction of sentence discharged the rule. 4. Only appellant Sirajuddin has obtained leave, the other accused did not approach the Supreme Court. In this appeal the question of law involved is that when an accused is charged with two offences, under sections 457 a......n of theft is not a prerequisite for the commission of the offence under this section. He may or may not commit actual theft. He may fail in his attempt. He may in fact commit theft. The subsequent facts, though may be relevant to ascertain the intention of the accused at the time of..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......anuary, 1968 (the 27th and 28th being Saturday and Sunday respectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, that the rule in question was posted, for hearing as item No. 8 in the Daily Cause List of the Court on the 25th Jan......toration is accordingly rejected." Special leave was granted by the Pakistan Supreme Court to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial a..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......therefore, of the opinion that the learned Judge of the High Court was not wrong in holding that the suit was not barred under the said provision. 14. Leave was granted also to consider the question of applicability of section 14 of the East Bengal Building Construction Act, 1952. This ob......the form of a formal decree as required by Order 41, Rule 1 C. P. Code, the said appeal as well as the second appeal before the High Court were competent. (iii) Whether in view of the facts of the case the suit was barred under section 14' of the East Bengal Building Construction A..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......ome-tax Officer exist in the books of account. Considering the nature of the defects, I have no hesitation in holding that the case comes within the purview of proviso to section 13." 6. On the question of assessment of the income also, the view of the Income-tax Officer was affirmed in the fo......ave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not justified, in the facts and circumstances of the case, in upholding the rejection of the accounts of the assessee and ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......1968, under section 66(1) of the Income-tax Act, 1922.) Judgment: D. C. Bhattacharya, J.—These two appeals are against a judgment of a Bench of the Dacca High Court deciding a question as to the taxability of certain income of the appellant, as referred by the Income-ta......the orders of the Appellate Assistant Commissioner referred the following questions for the opinion of the Dacca High Court under section 66(1) of the Income-Tax Act: (i) Whether on the facts and in the circumstances of the case income could be deemed to have accrued or arisen t..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......ere found not guilty of the charge under section 379 of the Penal Code and the Rule was made absolute holding, inter alia, that the accused-petitioners had a bona fide claim of right to the land in question. 4. The complainant-respondent thereafter filed the aforesaid criminal appeal on s......of law decided in the case admits of any further consideration, if not, then there arises no question of review of the decision already made. There is no scope to enter into fresh consideration of facts. In the instant case, the learned Magistrate and the learned first appellate court concurrent..Category: Criminal Law | Date: | Hits: 66
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