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Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
.... mentioned that registration confers certain benefits. Therefore, a firm is entitled to be registered if the conditions essential to registration are fulfilled, The Income-tax Rules framed in exercise of powers conferred by section 59 of the Act were promulgated in 1922 styled as, "Ind......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... 26 (a) cannot obliterate that purported exercise nor can it be said that the application could be dismissed in exercise of discretion conferred by section 23 (4) in any other manner excepting by dismissal after the Income-tax Officer had made his best judgment on assessment. If he dismissed..Category: Fiscal/Taxation Law | Date: | Hits: 76
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......mitted their reply to the charge. An enquiry was held by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court..Category: Labour and Industrial Law | Date: | Hits: 110
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not appealable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shaha......er IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not appealable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shahabud.............. Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under..Category: Property Law | Date: | Hits: 55
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was revoked on November 27, 1979. Decision of Martial Law Courts in Martial Law period is not challengeable except where there is want of jurisdiction or coram non judice. “Purported exercise” As wr......s not completed by sale and after liberation the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to that on 17-10......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....nd others…….....Respondents Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil ......tant question of law in involved, in that, whether a Court of Small Causes can exercise powers under section 144 of the Code of Civil Procedure. Facts are that the plaintiff respondents got an ex-parte decree for ejectment on 27-2-76 against the tenant defendant, and in execution of the decree g......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....pellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opportunity for cross-examining the witnesses examined by the Screening 'Board in the absence of the appellant Secondly, i......ord—For the Appellant. Abdus Sobhan, Additional Attorney General, Matiur Rahman, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For Respondent Nos. 1 & 2. Ex-parte—Respondent No. 2. Civil appeal No. 124 of 1979 (From the judgment and order dated 16-......on has been given by the appointing authority, the impugned order is not immune from attack being violative of the principles of natural justice. Hence on this ground also the impugned order of dismissal is liable to be declared illegal." 20. In that instant case proceeding was institu..Category: Employment/Service Law | Date: | Hits: 70
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
.... specific performance of contract. The contention is difficult to accept as a reference to section shows that the word 'transfer' is not hedged or qualified by any way limiting its operation to the extent the learned Advocate-on-Record wants to establish. There being no word of limitation as to th......utra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Civil appeal No. 60 of 1979. (From the Judgment and Order dat......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....d smuggled into the country in contravention of the Customs Act and that both these offences could have been tried in the previous trial by joinder of charges under sec. 236 of the Code. Mr. Pal next contends that even if the offences as alleged are not attracted by sub-section (1) of sec. 403 y......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 ......h which he is subsequently charged. (5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188 of this Code. Explanation.—The dismissal of a complaint, the stopping of proceedings under section 249, the discharge of the ..Category: Criminal Law | Date: | Hits: 42
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....he Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has no existence in the eye of law and it must be set aside. Such enquiry is permissible within the scope o......nate Judge, Dacca against the respondents for ejectment after termination of tenancy under section 109 of the Transfer of Property Act. The suit was filed on 12-1-66 and it was decreed on 23-2-66 ex-parte. The decree was put into execution immediately and the Process Server went to the suit propert......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
.... 'who is employed in an establishment of industry' and he cannot, therefore, be regarded as workman if he ceases to be in employment unless, as the said definition clause clearly makes an exception, such cessation has been in connection with or as consequence of or has led to, an indus......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......h Court Division, after considering elaborate arguments advanced from the Bar both for and against the view that the worker who has not been dismissed as a result of an industrial dispute nor whose dismissal has led to an industrial dispute is not a worker within the meaning of its definition as g..Category: Employment/Service Law | Date: | Hits: 68
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....estion involved we required the assistance of an amicus curiae and requested Mr. T. H. Khan to render his assistance to this Division and had the advantage of hearing a very learned argument on the exposition of the law. 4. To appreciate the question, it is to be observed that under the terms o......9 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of ......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ehaved with the Superintendent. The petitioner was asked to show cause within ten days from the receipt of the notice as to why disciplinary action should not be taken against him. He submitted his explanation on October 21, 1976 denying the allegations. After about 7 months the petitioners receiv......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 ......tion was found unsatisfactory. The appellant submitted his explanation to the charge within time. No action was taken till August 22, 1977 when the appellant was served with the impugned order of dismissal. The appellant was surprised to receive the said order as the show cause notice in questio..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....he appellant has submitted that an order of punishment can not be effective from the date of suspension because during the period of suspension the officer is considered to be on duty with the only exception that he does not discharge his normal functions. The retrospective effect of the order......t affected any statutory right of the appellant. The appeal is dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondents. Civil Appeal No. 8 of 1979 (From the judgment and order dated 5-......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
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court Division cannot substitute its findings for those of the Tribunal in exercise of Writ jurisdiction. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by A...... Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Nazmul Huda, Advocate, instructed by Mozammel Huq Khan, Advocate—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 71 of 1979. (From the Judgment dated July 28th......ause notice with the charge of stealing Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee set up by the Management found her guilty of the charge and recommended for her dismissal. She was dismissed from the service with effect from 7.4.76. 3. The appellant filed a g..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....ondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was ......For the Appellant. Zinnur Ahmed, Advocate-on-Record—For Respondents Nos. 1-6. K. A. Bakr, Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondents Nos. 8-11. Ex parte—Respondent No. 7. Civil Appeal No. 89 of 1979. (From the Judgment and Order dated the...... 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)
....plots, cannot lay his claim of pre-emption beyond that plot, because, the contiguity can not be stretched to other plots………..(15) The legislature used the word “contiguous” correctly and exactly and not loosely and inexactly. So, contiguity cannot be maintained if such contiguity is int......Advocate instructed by B.C. Panday, Advocate-on-Record—For the appellants. Faqeer Shahabuddin Ahmed, Senior Advocate instructed by Abu Backkar, Advocate-on-Record —For respondents 1 to 5 Ex-parte.—Respondents No. 6, 7(a) to 7(d) & 8-29. Civil Appeal No. 142 of 1977 (On appeal from......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 ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
.... complied with…..(6) The appointing authority is not bound to accept 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 o......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. .........Respondent Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The app..Category: Employment/Service Law | Date: | Hits: 72
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....es was submitted by the defendant, and the court adjourned the case till 26.2.70 for that purpose, and issued a notice upon him to showcause why the written statement of the defendant should not be expunged. On 26.2.70 the defendant filed another petition for time but did not reply to interrogat...... 26.2.70 the defendant filed another petition for time but did not reply to interrogatories. This petition was rejected and the trial Court expunged the written statement and fixed 24.3.70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Co......ails to comply with any order to answer the interrogatories, etc, and the other part prescribes the penalty for default, and it is that, if the defaulting party is the plaintiff the penalty is the dismissal of the suit for non-prosecution, and a defendant, his defence is to be struck off, and he..Category: Others | Date: | Hits: 119
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion the kabala was registered in a different Sub‑Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the deceased Chand Mia and ex parte against the rest. On appeal the Appellate Court modified the order to the effect that the......the kabala was registered in a different Sub‑Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the deceased Chand Mia and ex parte against the rest. On appeal the Appellate Court modified the order to the effect that the pre......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
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