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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....had gone to the Hat from where he was returning home without any "marketing", as P.W.1 said, for it might be that her husband did not go to the Hat, but went to the Bhanga after dusk for some other business. Siraj's son Rafiquddin, though cited as witness in the Charge-sheet, has not been examined......ed in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....ited rent with the House Rent Controller. Then in the High Court Division the defendants took new plea that defendant No. 3 was taken as partner in May, 1972 and the defendants are in partnership business since then and this was to the knowledge of the plaintiff. It was contended before the High...... the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landlord o......ing it to defendant No.3. Their own case was that all the three are managing the business and defendant No. 3 is the Managing Director. 14. A partnership is defined in the Partnership Act as a corporate body because it has no existence separate from its member. Mr. Khondker Mahbubuddin Ahme......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....e Court’s territorial jurisdiction are liable to attachment under this rule. The defendant of course must have some attachable interest in the property. Properties which in the ordinary course of business remain within the jurisdiction of the Court are also liable to attachment under this rule. ...... Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Re......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....rried on rummage of the ship and seized the stock of whisky and cigarettes short of 89 cartons of cigarettes, said to have been damaged by water and thrown away. Some incriminating documents, such as business card of M/S Singapore United Tobacco PTE Ltd; the sender of the 500 cases of whisky and 20 ......k………..Respondent (In Criminal Appeal No. 6 of 1978) Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....stoms Act by importing G.I. pipes G.P. sheets only of the total value of Rs. 2,19,000/-. 2. Facts necessary for disposal of this appeal may be stated thus: the respondent who has been carrying on business under the name and style of Kaptai Cold Storage and Fishing Industry Ltd., with a view to s...... also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....e Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on partnership business under the name and style M/s Rangoon Mill Stores since April 1, 1951 with head office at 12...... Islam J KM Subhan J Commissioner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haq......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....ome Tax Officer. He explained that the amount of Rs. 1,30,000/- in the possession of his wives and children, represented his earnings and savings in Shillong (India) since 1931 and was outside the business capital shown by Income Tax Officer, in his assessment order, income-tax had been paid on i......
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....own fund at a huge amount of money and constructed house in some portion of the filled up ditch and started living there with his family members and built up a restaurant and carrying on restaurant business; that the settlement case had been duly approved on 4.11.1964 by the then Deputy Commissi...... Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not repr...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....recovery of compensation of Tk. 50,000/- for causing humiliation and lowering down his prestige in the society. The plaintiff alleged that he being an efficient and experienced person in Insurance business was appointed by defendant No. 1 on 16.03.1988 as its Managing Director for a period of 5 ...... March 29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and condit......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....Shafion Nessa by the kabala dated January 3,1941 who re-transferred the land to him by the kabala dated December 16, 1946 and since then plaintiff is possessing the land and carrying on business in the shop. Rahim Boksha Bepari sold his share to the extent of 1/2 decimal of land to Ha......Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellants. Mahmud...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... 2005. Result: The petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 196......ted far less of destroying the basic structure of the Constitution. It has been further asserted that keeping in mind the provision of Article 28(4) of the Constitution Article 65 clause 3 has been incorporated in the Constitution along with other provisions and the said provision has always existed......tions by encouragement and participation of women through special representations as far as practicable (Article 9), for there was no classification between people's representation in the local Govt. bodies and those in the Parliament and they are treated as of one and similar class. 33. In the c..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... that the appointments challenged by the writ petitioner of the election officials/staff have been made under the orders of the Secretary to the commission, according to rules of business which governs the Election Secretariat as a Division of the Prime Minister's Office. ......nt May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocat......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......toral roll for the electoral area or constituency have been given. 7. Section 5 of the Ordinance provides for preparation of electoral roll for the purpose of election to different elective bodies upon registration of the voters and in section 7 of the Ordinance manner has been laid down ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....of Abdus Sattar were taken in as share-holders of the Company. Thus, all the heirs of Abdus Sattar numbering 11 became shareholders of the Company. The Company had been carrying on its business in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries and......r Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. No...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....permanent Benches only had been given to the Chief Justice individually and further submitted that Sub-Article 6 did not confer any power on the Chief Justice to frame rules for the distribution of business in so far as the Bench at permanent seat is concerned. 37. Mr. Hossain pointed out that ......thers..........Respondents (In Civil Petition No. 3 of 1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution c......ed by the Parliament alone. one of the fundamental aims of our society is to secure the rule of Saw for all citizens and in furtherance of that aim Part VI and other provisions were incorporated in the Constitution. By the impugned amendment that structure of the rule of law ......t all, but a re-creation, a reforming, not merely of the covenant but also of the people themselves. That deed would lie beyond the scope of the authority of any governmental body or set of bodies, for they are all creatures of the Constitution and the people's agreement. Insofar as they..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....inter alia, that as the accused came from the same locality he took him as a partner for buying and selling paddy in the month of Ashar in 1389 B.S. and gave capital to the accused for starling the business. After accounts the profits were shared and thus the complainant came to trust the accused..................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....irement that all the members must be present for the validity of the selection board. Furthermore when 2/3rd of the members of any corporate body remain present it becomes competent to transact its business under usual provisions and practice. An impression was sought to be given that the selectio......airman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little e......tuted. It is difficult to accept this proposition. There is no requirement that all the members must be present for the validity of the selection board. Furthermore when 2/3rd of the members of any corporate body remain present it becomes competent to transact its business under usual provisions......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....gnizance of offences, section 75 Duties of Police, section 81 Public servants and section 82 Protection of action taken in good faith-all these show according to Mr. M. Nurullah the nature of the business of the Union Parishad and in the absence of the Chairman the Acting Chairman performs his f......And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in t......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......ve draftsmanship" and in consequence "these expressions have given rise to considerable litigation and are calculated to encourage the finding of technical flaws in the elections to the various bodies under the Act." Fortunately, we are not faced with such predicament and our law is clear and ..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....orded in C.S. Khatian No. 51 and comprising Plots Nos. 427 and 429, originally belonged to three brothers, Jugal Chand, Kala Chand and Adhar Chand in equal share. One Radhaballav Pal, proprietor of a business firm, purchased the suit land in auction in Money Suit No. 273 of 1937 of the Second Court ......Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The Sp......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer & Upazila Education Officer, Kishoreganj, Nilphamari & Others. ………Respondents (In Civil Appeal No. 38 of 1988) Kalimuddi......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......the Election Commission under Rule 70 because: (a) the real and larger issue of completion of free and fair election with rigorous promptitude for timely emergence and functioning of elective bodies must take precedence over settlement of private disputes. (b) all election disputes must w..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....in an unauthorized manner cannot be deprived from payment of arrear pay after his discharge was found to be illegal but the amount earned by him by way of salary from the employment or as profit from business in which he was engaged during the period of such discharge may be sit off because he canno......ider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Public Health, Barisal Division, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989. The Limitation Act, 1908 (......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
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