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Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......troversy often arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unresolved ambiguity, does no longer find favour with the judicial authorities. This view ......f tax exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) 286; Commissioner of Inland Revenue vs. Mutual Investment Co. Ltd., (1966) 2 AC 587 at 595; Fazlul Rabbi vs. The State of W..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......ossession and they grew the paddy, the suit must fail. Mr. Salam further submitted that the decision upon which reliance was placed by the learned Single Judge has no application to the facts of this case. 6. Plaintiffs' suit was for damages for wrongful cutting of paddy and it was not a suit for...... Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages ..Category: Property Law | Date: | Hits: 56
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 ......e Company took the stand that on 26th December, 1972 the order by which the respondent's service as Administrator was terminated also terminated his services as the Chief Accountant. That part of the case is concluded by the earlier writ petition and the Corporation cannot be allowed to raise the qu......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 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......ore a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to the Chief Martial Law Adm......a pending action of an appeal to superior Tribunal which belonged to him as of right is a very different thing from regulating procedure." In this regard reference may be made to Halsbury's Law of England, 3rd Edition, Vol. 36,427 where it has been said "To the extent, however, that the effect of ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......ambers, under the bill of lading to enforce the arbitration clause in the charter-party had uniformly failed, and that no one had been hardy enough to test the matter in Court." 7. In the case of Anne field, (1971) All E.R., P-394 Lord Denning MR considered that the aforesaid decision ha......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......bi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police investigated the case and submitted charge-sheet against the petitioner and others. The petitioner moved the High Cou......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..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. ...... Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes a ‘case' within the meaning of the term used throughout the Code of Criminal Procedure. Therefore, the ......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. ..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....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 ......rules 4 and 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 In......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)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ...... the Tribunal set up under the said Act, the Land Acquisition Court set up with the Additional District Judge, 3rd Court, Dacca under the Land Acquisition Act, 1894 acted as the Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim wa...... (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 Act and in the absence of Tribunal c..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......977. 2. The appellant by filing the Writ petition challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service on the ground of misconduct. His case in short is that he joined the service of the then Pakistan Council of Scientific and Industr......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......t authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the competent authority cannot be aid to be without any power to rescind or recall his order ac......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......m the date of his suspension. 7. In this appeal rule 12 comes under scrutiny. This rule provides to a Government servant, who consequent upon a proceeding, is retired compulsorily, as in this case became entitled to compensation pension or gratuity or provident fund. The first proviso of......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...........Appellants. Vs. State and anothers. …………..Respondents Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter li......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......d anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to tha......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......not be restored to for removal of a chairman, vice-chairman or a member of a Union Parishad. 6. The learned Attorney General submitted with reference to an observation made by Kaikaus, J. in the case of Mohammad Nawaz Khan vs. Ghulam Farid and another (1963) 15 DLR (SC) 365; P.L.D. 1963 S.C. 62...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950, hereinafter referred to the as "the Act". Schedule 1 consists of a tank only. The appellants contested the pre-emption case on various grounds, inter alia that absence of contiguity between the lands by reason of exis................ Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching the land transferred. Onl..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......he court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this case not being exercised judiciously, cannot be sustained. Lawyers Involved: Abdus Salam, Seni......jectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landlord who instituted a suit for ejectment after service of notice to quit under section 106 of ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......cept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the principle of natu......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rdinance. Before adverting to these two sections, a brief reference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutawalli in certain cases and Mutawalli’s liability for breach of trust. An order passed by the Administrator is subje......s and has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title to the land but for nullification of the enrolment made by the Administrator or Waqfs. The relevant two pra..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......s. Bangladesh and another…….... Respondents Judgment April 25, 1978. The Special Powers Act, 1974 (Act XIV of 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
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