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Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....as submitted on 31-3-76. But the case transferred to the Martial Law Court from the Special Tribunal on 23-12-76 as per Notification. It has been sated in the affidavit-in-opposition that none of the provisions containing Article 31 or any other Article of the Constitution is attracted as ......ainst an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect and for directing the respondents not to execute the sent..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....at the petition was not maintainable. Mr. Shahid submits that section 143A contemplated a civil proceeding and as such section 141 of the Cede of Civil Procedure applies. Since no provision has been specifically made in section 143A for addition of opposite parties, acc......ent and purpose should not be overlooked. It is not necessary for me to express my views on the applications under section 143A, since they have to be disposed of by the trial Court according to law. The observation made by me are meant for guidance of the learned Munsif who is however free to ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....Subordinate Judge held that the defendant came upon the suit land earlier than 1368 B.S. 5. Mr. Md. Abdur Rashid, the learned Advocate for the appellants, has submitted that having regard to the provision of Order 41, rule 22 of the Code of Civil Procedure the Court of Appeal below er......dur Rashid, the learned Advocate for the appellants, has submitted that having regard to the provision of Order 41, rule 22 of the Code of Civil Procedure the Court of Appeal below erred in law in not allowing the plaintiffs to show that the finding of the trial Court on the question of ti..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....t the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal lies from that order. 5. The learned Munsif determined the question of valuation under the provisions of section 8B(1) Court Fees Act and not under section 6(2) of the sai......ed Ali appeared for the respondents. Mr. Latifur Rahman, the learned Advocate for the appellant urged that the orders of dismissal passed by the Courts below were illegal and the trial Court erred in law in rating the valuation of the suit. 4. Mr. Syed Mohammad Ali, the learned Advocate for the..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....t of title between two parties claiming title adverse to each other. Admittedly, the opposite parties are lessees under the Enemy Property Authorities and the lease was granted in accordance with the provisions of Enemy Property (Lands & Buildings) Administration and Disposal Order, 1966 (herein......ndants in the suit are not necessary or proper parties for the purpose of effective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be sustained in law In the result, the impugned order dated 1-1 -75 is set aside and the ad interim order passed by ..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
.... according to this amendment an assessed or the department has got right to come straight before the High Court under section 66(1) challenging any order of the Tribunal made in appeal. The provision, for reference by the Tribunal has been done away with by this amendment. 3. In the f...... and No. 29 of 1976 under section 66(1) of the said Income Tax Act as it stood amended, have been heard together and will be disposed of by this judgment since these is a common question of law in all of them. The question is whether the incomes of two different firms can be tagged togethe..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ut it. 7. Let us, first, examine the law bearing on the subject. The Dacca University Order, 1973 (President's Order No. 11 of 1973) by Article 40 provides as follows: 40 subject to the provisions of this Order and the Statutes, the University Ordinances may provide for all or any of t......the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declared to have been made without lawful authority and is of no legal effect. The petitioner was a regular student for Master'..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......iffs in applying for amendment of the pleadings after four years of the institution of the suit. In such view of the matter, the impugned order allowing amendment of the plaint cannot be sustained in law. 5. With regard to the defendant's application under Order 7 rule 11 of the C..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....to when a Magistrate acting under section 145 Cr.P.C. can pass an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally e......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on she subject observed. “It is not difficult to conceive of cases wherefrom the very..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....to when a Magistrate acting under section 145 Cr.P.C. can pass an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally e......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on the subject observed. “It is not difficult to conceive of cases wherefrom the very..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......sin has alleged, as a plaintiff out of possession is not entitled Jo partition unless he first gets joint possession. 11. No other ground has been urged in this appeal I do not find any error of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed w..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
.... in kind and it need not be a fixed amount, there is nothing in law to prevent a landlord from accepting a variable or fluctuating quantity off he produce of land as rent. Therefore, according to the provisions of law, as were in force before 1929, I here was nothing inherently inconsistent between ...... another person, and is., or but for a special contract would be liable to pay rent for that land to that person, and in clause (13) of the same section 'rent' has been defined as whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use o..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....issible. Section 91 of the Evidence Act excludes the admission of oral evidence for proving the contents of the document except where secondary evidence is allowed to be led under any other provision of the Act. Section 92 of the Act supplements section 91 by excluding ...... Section 91 of the Evidence Act, 1872 from adducing any evidence as to the alleged transaction of mortgage. 5. The learned Subordinate Judge affirmed the findings of fact as well as of law of the learned Munsif. 6. Mr. M.A. Khaled, the learned Advocate for the appellants has subm..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....vices are yet to be confirmed. This impression, however, is without any basis. If the narrow interpretation is given to sub-Regulation (ii), the result would be that the very purpose of inserting the provision of "termination of service" in the Staff Regulations will be defeated. When......e being without any accusation, the impugned orders are fully warranted by Regulation 12(ii). In the context of the Regulations Dr. Husain submitted that the services of the appellants were lawfully terminated and there was no violation of the principle of natural justice. 9. Banglade..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....aw the order of dismissal he moved this court and obtained the rule challenging the legality of the order of dismissal on the ground that it was in contravention of rules, violative of constitutional provisions and mala fide and seeking a declaration that it was made without any lawful authority and......the legality of the order of dismissal on the ground that it was in contravention of rules, violative of constitutional provisions and mala fide and seeking a declaration that it was made without any lawful authority and of no legal effect.
3. The respondents entered appearance and contested th..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release ...... Administration and Land Reforms. It is not known how the impugned order was subsequently passed. The impugned order cancelling the order of derequisition is clearly found to be arbitrary and without lawful authority. In the result, the rule is made absolute and the impugned order is declared t..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....ge of the section shows. There is no dispute that the assessee is a licensed manufacturer. The department, as it appears, has taken the view that the case is one that has escaped assessment. Specific provision has been made for issuance of notice for escaped assessment under the provisions of sec.&n......missioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal are as follows: The assessee Amin ..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
...., then there should be no reason why it should be rejected. It is true that a voter has no hand ID taking the initial or the official seal on a ballot paper given to him but the rules make a specific provision that in order to be valid a ballot paper shall contain both the Initial of the polling off......kets were opened by the Tribunal In presence of the parties the recounting is correct and the original count log is wrong. 6. Mr. Ahmed has next contended that the Tribunal fell into an error of law by holding that according to rule 40(4) of the Union Parishad (Election) Rules, 1976 a ballot pa..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
...., the learned Advocate appearing to oppose the rules has contended that total absence of a member from the sittings of the Labour Court did not vitiate the decision of the Labour Court in view of the provision of sub-section (7) of section 35 of the Industrial Relations Ordinance, 1969. As...... 158 in which a similar question arose. In that case one of the two members of the Labour Court did not attend at all. It was held by this Court that total absence of a member was not contemplated by law and that the decision of the Labour Court given in total absence of a member was void. There it ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....application under Order 7, rule 11 of the Code of Civil Procedure for rejection of the plaint on the allegation that the declaratory prayer as made in the plaint are not contemplated by the provisions of section 42 of the Specific Relief' Act as the plaintiff has not prayed f......amous case of Foss Vs. Harbottle and that plaintiff has no cause of action. 5. The learned Subordinate Judge upon the pleadings framed the following two issues: 1. Is the suit barred by any law? 2. Does the plaint disclose any cause of action? Upon an elaborate discussion of the ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
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