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Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined fo...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......r the finding of the High Court Division, that there was no evidence supporting the conclusion of the Enquiry Committee, is sustainable in view of the materials on record. (3) Whether the learned Judges-were well founded in law in observing that the Screening Board based its decision on extraneo..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......d orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of S......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ...... a fine of Taka 5,000/ in default to suffer rigorous imprisonment for six months more by the order dated August 2, 1978. 4. The proceedings of both the cases were placed before the Sessions Judges concerned for review as provided under the Martial Law Regulation. The Sessions Judge, Patu..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......ther under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal could not direct for re-hearing of the case, and as provided under the Statute, should have adjudicated and decided ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......on Court afresh suffers from clear want of jurisdiction and was made without lawful authority and of no legal effect. This decision is under challenge in this appeal on the ground that the learned Judges committed a substantial error of law in setting aside the judgment of the Tribunal on an err..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte dec......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......viso to sub-secÂtion (1) of section 17 are directory and the Court has the discretion to extend time within which the deposit is to be made or security furnished, in taking this view the learned Judges followed the dissenting judgment of Sheshagiri Aiyar, J in a Full Bench case of the Madras..Category: Procedural Law | Date: | Hits: 147
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......jurisdiction of under Article 102 of the Constitution, acted in accordance with law in restoring the Writ Petition to the file on setting aside the judgment already pronounced and signed. 2. Facts for disposal of the appeal are that the appellant filed a writ petition under Article 102 of the Con......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......cation in saying that on 1st August, 1979 what was done by the High Court Division is contrary to the basic prinÂciple upon which the provisions of the Code of Civil Procedure are based. The learned Judges while setting aside the judgment of 12th July, 1979, passed the order without hearing both si..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ...... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ...... expressly or by necessary implication. He is recovering the fruits of the apÂpellate decree." 12. The learned Judge was fully aware of the reasons for the contrary view emaÂnating from eminent Judges and realised that "the opposite construction for which the appellate contended is also a poss..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions invol......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......been suspended on declaration of Emergency from 6th September, 1965, section 4 and 6 of the said Ordinance were revived and were in operation at the relevant time. 6. The learned Judges of the High Court Division have taken the view that sections 4 and 6 of Ordinanc..Category: Property Law | Date: | Hits: 75
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......80. Judgment: Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e seized gold and silver, to make payment of the reward to him. 5. Legality of the order of High Court Division has been challenged by the appellant contending, inter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended t..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... depreciation on the value of the three ships, namely 'Hugh Everett,' Murray Everett’ and 'Monolo Everett'. The Company claimed additional depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income-tax officer refused such additiona......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......al depreciation in respect of the plant and machineries which are not installed in Pakistan (Bangladesh). The reference was heard by the Division Bench of the High Court. The learned Judges of the High Court Division without answering the question suo moto entered into discussion a..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......roducts. 2. The appellant is a manufacturer of washing soap, and since 1-7-66 is a licensed manufacturer. The assessee filed sales-tax return showing consolidated turnover at Rs. 14, 52,455/ for the four quarters coding on 30th June, 1967. The Sales Tax Officer, however, determined th......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......t of his submissions Mr. Hassan also referred to section 27 (1). In view of clear language of section 4 (b) and section 27 (1) of the Sales-tax Act the argument cannot be accepted. The learned Judges of the High Court Division were correct in taking the view that the import of raw mater..Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nbsp; Ruhul Islam J.—This appeal by special leave arises from the judgment dated July 3, 1979 of the High Court Division in Writ Petition No. 109 of 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......that has been followed in the Sub-continent since the beginning of this century. There was no scope for speculation whether the appeal against the acquittal has been given or not. The learned Judges of the High Court Division noticed the argument of the learned Attorney General: ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ...... Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others…………………………&h......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......the respondents from service under President's Order No. 9 of 1972 without any lawful authority and of no legal effect. 5. The judgment under appeal shows that according to the learned Judges when the respondents were exonerated from the charges of criminal offence by a competen..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......as calculated by the assessee and raise it to a higher perÂcentage.
The trading accounts of the respective assessee was rejected on valid grounds and action of the Deputy CommiÂssioner of Taxes for taking recourse to section 13 and making estimate for finding out the total sale and the gross p......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
...... by the assesses is a pare question of fact, and no question of law arises from the judgment of the Appellate Tribunal and no reference lay under section 66 (1) of the Income-tax Act, but the learned Judges without examining whether the question raised by the assessee for decision is a question of l..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......t of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The appellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of deÂfault and bonafide requi......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......Âlord-appellant for reconstruction disÂmissed the suit on inconsequential groÂunds and upon an erroneous view of law." 6. It appears that regarding personal serÂvice of notice the learned Judges in finding that the brother-in-law of the respondent who was not a member of his family but a..Category: Tenancy Law | Date: | Hits: 67
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......orrupt 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 Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing hi......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......not done by the Chief Martial Law Administrator and an order of review was passed by the Government on 6-10-77 long after six months of the trial. It shows the mala fide intention. 5. The learned Judges of the High Court Division repelled the contention chat inclusion of the word ‘President’..Category: Criminal Law | Date: | Hits: 287
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. ......Appeal No. 4 of 1979 which was preferred by the appellant against the Judgment of the Judge, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedi......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. ......e executive administration of the Government. 3. Being aggrieved the appellant preferred an appeal under clause 15 of the Letters Patent in dismissing the appeal the learned Judges found it to be incompetent, as in their opinion, the appellant had no locus standi to file i..Category: Others | Date: | Hits: 116
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 comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......ing before a judicial tribunal, because, pleadings have to be filed, evidence in support of the case of each party has to be furnished, and the dispute has to be decided according to law. The learned Judges further reasoned that as the Central Government exercises judicial power of the State to adju..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany 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. ......inated. He was given one month's salary in lieu of notice and other benefits to which he was entitled. Respondent No. 1 filed an application under section 25(1)(b) of the Standing Orders Act before the Labour Court, Chittagong on 13.10.77. He prayed for setting aside the order of terminatio......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. ......bour Court the appellant company moved the High Court Division by filing an application under Article 102 of the Constitution. In agreeing with the decision of the Labour Court, the learned Judges of the High Court Division held that respondent No. 1 was a worker, as he did not exercise a..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. ......t of the High Court Division of Writ Petition No. 43 of 1978. By order dated 19.7.1977 the Additional Deputy Commissioner Land Acquisition requisitioned the premises at 85, Kakrail Road, Dacca for the accommodation of Little Flower School, under the Emergency Requisition of Property Act. Le...... 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. ......s unfortunate that the learned Judge of the High Court Division considered such adverse and extraneous matters for coming to the conclusion whether the requisition was Justified or not. The learned Judges took pains to consider the State policy of education aid considered whether the mandate of ..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. ......nged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the presc......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. ......rman Joregacha Union Parishad with effect from February 1,1980 and the seat of the Chairman, Joregacha Union Parishad has become vacant from the said date.” 6.The learned Judges of the High Court Division found that the prescribed manner as mentioned in section 13 of th..Category: Employment/Service Law | Date: | Hits: 100
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