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Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....he precedents of different jurisdictions reinforce my conclusion. I have made on the scope of judicial review available to the High Court Division under Article 102 (5). 24. Now remains the two alternative grounds urged in support of the judicial review of the order of the Court Martial in t......eptember 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary ......ght within ambit of the special legislation and measures relating to the maintenance and discipline. Along with it, if the Army Act is taken into consideration, especially section 131, providing remedy within the Military organisation against the finding and sentence of a Court Martial, and sec..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
.... 7. In the case of Commissioner of Wealth Tax Vs. K. M. Desikar reported in 92 I.T.R, page 101, it has been held that sections 7(1) and 7(2) of the Wealth Tax Act provided two alternative modes of valuation in relation to the business assets of an assessee. If the wealth tax...... Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. Lawyers Involved: Mahmudur Rahman, Advocate-on-Record, instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appellant. M. Hossain......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
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....a farther declaration that the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in ......hellip;...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......t of Labour (Standing Orders) Act, 1965 (Act VIII of 1965), Section 25. The Industrial Relations Ordinance, 1969, Section 34. The Dacca Improvement Trust is neither an industrial establishment nor a commercial enterprise as defined in the employment of Labour (Standing Orders) Act, (Act VIII o......abour (Standing Orders) Act, (Act VIII of 1965). So the respondent being an employee of the D.I.T. does not come within the meaning of ‘worker’ as defined under the Standing Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him……..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....tion under Article 102 of the Constitution, without preferring appeal as provided in the Statute. As we have found the impugned action without jurisdiction, the question of availing statutory alternative remedy does not arise. We are of opinion that the High Court Division has rightly held......stern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocat......rticle 102 of the Constitution, without preferring appeal as provided in the Statute. As we have found the impugned action without jurisdiction, the question of availing statutory alternative remedy does not arise. We are of opinion that the High Court Division has rightly held that the Wr..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ...... Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our Court, Dacca, 28 DLR 160, Railway Men's Store Ltd. vs. Chairman, Labour Court, Chittagong 20 DLR (S.C) 251, Administrator, Omar Sons Ltd. vs.......e narrower definition of 'worker', it was found that though such a worker would be unable to seek protection against his dismissal under section 34 of the Ordinance; he would not be without a legal remedy. 23. The point that was established in this decision, that is to say, a worker who ha..Category: Labour and Industrial Law | Date: | Hits: 91
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....ve a grievance as to a violation of any procedure in the enquiry as was the case in (1960) 12 DLR (SC) 9=P.L.D. 1960 S.C. (Pak) 113. 20. Being faced with this situation, Mr. S.R. Pal offered as an alternative contention that the Governor referred the plaintiff's case to the Screening Committee un......nt Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of J......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....only to defend himself but also to show cause against dismissal. If, therefore, the authority does not wish to take disciplinary proceedings against the offending Government servant but adopts the alternative course of not giving him any extension on the expiry of the stipulated period, if canno...... Vs. Md. Serajul Hoque.............................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of t......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The Benga......d. The section does not lay down that if a mortgaged property is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property the only remedy of a mortgagee is to claim payment of his money out of any surplus of the sale proceeds rem..Category: Banking Law | Date: | Hits: 230
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......in: 54 DLR (AD) (2002) 111.
...... writ petition in spite of the unresolved serious dispute as to possession of the land claimed by the Society. In the background of the facts as in the writ petition we are of the view petitioners’ remedy lies either at the level as has been observed by the High Court Division in the concluding pa..
Category: Property Law | Date: | Hits: 54
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power......n his service. If there is a violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires him to take recourse to the specific remedy provided in Article 117 of the Constitution. Violation of terms and conditions of service ..Category: Employment/Service Law | Date: | Hits: 57
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......(AD) (2002) 88. ...... right balance between the administrative discretion to decide matters whether contractual or political in nature or issues of social policy; thus they are not essentially justifiable and the need to remedy any unfairness. Such unfairness is set right by judicial review. The observance of judici..Category: Others | Date: | Hits: 130
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... BRAC and others ……………….………Appellants Vs. Professor Mozaffar Ahmed and others……Respondents Judgment &nb......etionary jurisdiction under this Article 102 of the Constitution. It has also been held by the Hon’ble Chief Justice that ordinarily it is the affected party which is to come to the court for remedy. The Court in considering the question of standing in particular case, if the affected part..Category: Constitutional Law | Date: | Hits: 199
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank ......he date of decree. 6. It further appears that the writ petitioner filed written statement and thus was very much aware of the institution and continuance of the suit but did not avail of the remedy available under the law. 7. In such view of the matter, petitioner's filing wr..Category: Banking Law | Date: | Hits: 120
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... November 23, 2005. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Di......les of partnership shall apply and as such spending money by petitioner No.1 as Managing Director of the company cannot be termed as misappropriation or breach of trust of the fund of the company and remedy of the complainant, if any is by way of civil suit for accounts and learned Judges of the Hig..Category: Criminal Law | Date: | Hits: 50
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 ...... 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 thereof by an out and out sale with an agreement of re-conveyance on valuable consideratio......ufructuary mortgage." The Transfer of Property Act so far as mortgage of a raiyat holding is concerned is thus displaced Sub-sections (4) and (5) provided for less expensive and less time consuming remedy of redemption and/or restoration of possession by means of application before the authorise..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed 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 ...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its prop......any right accrued to them nor any right of theirs require protection. Nothing inheres in them yet because no deal was concluded so far they are concerned for non observance of the regulation. Their remedy, if any, is for damages if they can make out a case for damages, bur the prayer for injunct..Category: Others | Date: | Hits: 94
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e Counsel of the respondents Mr. Asrarul Hossain. To appreciate the rival contentions the grounds on which the leave has been granted may be summarised: (i) Whether the respondents having alternative remedy by way of revision under the Customs Act against the order passed by the Collec...... 194 ...... the respondents Mr. Asrarul Hossain. To appreciate the rival contentions the grounds on which the leave has been granted may be summarised: (i) Whether the respondents having alternative remedy by way of revision under the Customs Act against the order passed by the Collector of Custo..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....by the Court of Appeals, a person named Connelly and three others were convicted of murder 'committed in the course of a robbery. Connelly, at his trial, took two fold defence, an alibi, and in the alternative no murderous intent. On appeal against his 'conviction the only issue ventilated was w......stitution 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 challenged in appeal or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequ......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 ..Category: Criminal Law | Date: | Hits: 42
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......aider Chowdhury J General Manager, Bangladesh Cable Shilpa Ltd........ Appellant. Vs Chairman, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case......hulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worker and manufacturing process clearly reveals that unless ..Category: Labour and Industrial Law | Date: | Hits: 267
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