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....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......p formal proceeding against him, that the investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9, 1967 asking him to show cause......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......nding of the High Court Division to be correct and justified as against the clear finding of the lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appellate court wag not at all calle......re a magistrate in the form of complete usufructuary mortgage with maximum period of seven years. Such right of redemption is extended to a sale with a condition of re-conveyance. Any transfer of a land by an out and out sale with a condition for re-conveyance shall be deemed to be a complete usuf..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......is paternal home at Doshpara at the expense of the Government through corrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Tr......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... Nath and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......nbsp; Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-empto...... question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plo..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......Government have authorised it or not. In the absence of an express authorization by the Rules of Business, any authorization by the President might have sufficed but that is, however, not the case here. We are unable to interpret the Rules of Business in such a way as would hamper the smoot......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......ve the question for determination is whether the provision for restitution as contained in section 144 of the Code of Civil Procedure, briefly the 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, ......tion 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 all..Category: Civil Law | Date: | Hits: 82
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. ......desh holds office during the pleasure of the President. This pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with re...... 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. ..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. ......ial Relations Ordinance, a Labour Court is to consist of 2 members to advise the Chairman, one of the members to represent the employers and the other to represent the workman. In the present case, the Labour Court consisted of the Chairman and two other members. The judgment of the Labour ......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. ......equisition was passed malafide. The facts that have been alleged for malafide are not substantiated. The teachers are qualified 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......fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in taking land if that land when taken is not in some way or other made available to the public at large. ..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. ......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. ..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. ......ested by the appellant by submitting a written objection denying the allegations made in the election petition. At the trial 3 witnesses were examined by either side in support of their respective case. The Election Tribunal on consent of the parties and in presence of their respective Advocates...... 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. ..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. ......s as follows: "28.6.78. Perused the telegram just received. As appears from this telegram it has been sent by one Abdul Awal representing himself as complainant in M.R. case No. 40/78 pending in the Court of Mr. H. P. Biswas, Magistrate, 1st class Jhalokati. There ar...... 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: ......he Army Act, 1952, in the Writ Jurisdiction of the High Court Division under Article 102(5) of the Constitution. 2. It is to be observed that this Division has already in the majority view in the case of Bangladesh Vs. Md. Abdur Rob, 33 DLR (AD) 143 and in the case of Bangladesh Vs. Jahangir Hos...... expressed require no revision, except that it should be construed the way I have tried to explain. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an order of a military court has been interfered with in those jurisdictions. ..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: ......he salt was clogged. The dispute centred round this point. Eventually, the salt was unloaded from May, 1978 and continued upto 31st July, 1978. Thereafter the plaintiff filed the suit. Plaintiff's case was that the salt which was loaded at Hodeidah was sold out by the ship owner at Dar-e-Salam an...... is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or mi..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. ......e 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 outside of anythi......r could not be treated as part of the same and taken over by the Government. Since his purchase from one Haridas Datta in 1951 the appellant had been possessing and enjoying the land with structures thereon. He renovated, extended and modernised the existing shop and constr..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. ......ning rent. If this is not business then what it is? The activities are undoubtedly business activities in its natural sense. We must, therefore, hold that the house properties in the instant case should be valued under rule 8(9) of the Wealth Tax Rules and not under Rule 8(3)." ......der Wealth Tax rule 8(9)," Rule 8 provides for the valuation of assets other than cash. Rule 8(3) deals with Land and buildings. "Land and buildings.—The value of lands and buildings shall be estimated with the due regard to the nature and size of the property,..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. ......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. ......in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Sui..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. ......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 valuation of the shares held by the ......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. ..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. ......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 dividend income from a company whose profit i......) 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle O..Category: Fiscal/Taxation Law | Date: | Hits: 75
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