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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. ......d the plaintiff never got any rent from Maher Ali or his son Mosharraf (P.W.3). He has urged that Ext. A shows that Amir Akon claimed the properties left by his father to himself and treated the same accordingly. Ext. B is a registered mortgage executed by Amir Akon in respect of the entire karsha l.........Respondents Judgment March 22, 1978. Result: The appeal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land......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)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......of the use or occupation of the land held by the tenant. So we find that there is nothing in clause (13), or clause (17) of section 3 which militates against a bargadar being a tenant Rent, according to clause (13) of section 3 as we have seen may be in money or in kind and it ne......last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta...... 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)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......ting inter alia that as the meadi patta was a temporary lease for 20 years and not a mortgage the suit for redemption was not maintainable. It was further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor d...... 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)
....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. Bangladesh Bank (Staff) Regulations have been framed to define the conditions of se......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ve arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case ......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
....ed in the charge-sheet dated 4.5.77, although he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a ......nd employees of the previous Council steed transferred to the new one, the petitioner will not get any benefit under the Ordinance in that the maintainability of his writ petition shall be determined according to the legal position of the 'Council & as it was when the petition has filed on 8......)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………Res......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
....ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......ase. It was also held that the imported article was covered by the exemption, notification dated 5.12.1962.
The question of law which arose out of this order of the Income-Tax Appellate Tribunal according to the department are as follows:-
(i) Whether on the facts and in the circumstances ...... Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited imported a Hydrant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under s......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)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......lot Paper-Accounts in Form N prepared on the spot and in presence of the parties by the Presiding Officers. According to the Ballot Paper Accounts the total number of valid ballot papers was 6605 but according to the Tribunal It was 6608 i.e. 3 ballot papers having been found in excess. Mr. Ahmed ha......olling stations of the Union, ballot papers were counted in presence of the parties and the Presiding Officers recorded the results of the counting in the prescribed forms and then forwarded the same to the. Returning Officer, who, after consolidating the results, declared the petitioner as duly ele......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)
....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......r. Aminur Rahman Khan and another………………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. Zahir, M. Hasan—For Pe...... 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)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......yer 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 for the declaration of his legal status ; that according to the plaintiff's own case the authority to vest a Director with the powers of Managi..............................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 431; 16 DLR 298; AIR 1943 Cal. 36I; AIR 1967 (SC) 436; 43 IA 91; 10 DLR 431;18 DLR 7......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
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......f the Income Tax Act.” 2. Mr. Mozammel Haque Bhuiyan, the learned Advocate appearing on behalf of the department frankly conceded that after the said decision he cannot urge this point and accordingly we are of the opinion that in the facts and circumstances of the case the Tribunal was j...... Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium paid for loss and profit due to unforeseen circumstances as an allowable expense under Section 10(2) (xvi) of the Incom...... K. M. Subhan J.— This application is by the Commissioner of Income-Tax, Chittagong Zone, Chittagong under Section 66(1) of the Income Tax. Act, in this application the questions of law have arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the fac..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and compliance of this princi...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by ...... of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner and directing that the goods be disposed of by auction as to have been made without any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r's case is centered on the question of re-instatement, and the peripheral ground that the impugned order is violative of Article 135 of the Constitution and of the principle of natural justice, though taken in the petition, have not been seriously urged before us. We do not think the ......#39;s representation dated 18-11-72 wherein it was stated "I am also giving undertaking that I will serve the Railway sincerely and in any capacity to which the Railway Administration may put me according to the rules". 8. Let us first quote the material part from the Government order......………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General ......ointee with effect from November 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should not be declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
.......
......e same order of transfer. The order of transfer is found, to be perfectly legal.
9. In summarizing the points discussed above, we are of the view that both the courts below fell into an error of law by holding that respondent No.2 still continued to be President of the Workers' Union within..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......sted in Review Case No. 1 of 1976 under section 135(2) of the Bangladesh Co-operative Societies Act, 1940 briefly, the Act By this order Respondent No. 1 annulled an award made by an arbitrator under section 87 of the Act. 2. Facts of the case briefly stated are that the pet......legal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended that the earlier order in review was passed in the eye of law by the Registrar since the joint Registrar who disposed of the power of review vested in the Reg..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No.1 but did not get any reply whereupon he moved this-Court and obtained th......he impugned order is declared to have been made without any lawful authority and of no legal effect. This order of ours will not, however, debar the respondents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is al......th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipline) Rules, 1960 on an allegation that he had disobeyed the order of his superiors to send a "parawise statement with regard to the plaint" of a civil case, Misc. Case No.10......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No. 1 but did not get any reply whereupon he moved this-Court and obtained t......he impugned order is declared to have been made without any lawful authority and of no legal effect. This order of ours will not, however, debar the respondents from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case ......th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipline) Rules, 1960 on an allegation that he had disobeyed the order of his superiors to send a "parawise statement with regard to the plaint" of a civil case, Misc. Case No.10......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......rkers in their respective applications under section 34 that the management by an order dated 2-11-74 Ext. 11 implemented the said recommendation with effect from 1st October, 1974, whereas according to the recommendation as well as according to the Government's Office Memo in question......oner Vs. Abdus Satter and another………………..Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petit......scribed will have effect from 1st July, 1973. In the case of implementation of any recommendation of Pay Commission, no notification was ever issued under Act XXXII of 1975, and as such in the eye of law implementation of any recommendation of the Pay Commission did not create any legal right. This ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......a...............................Petitioner Vs. Surjat Ali.......................Respondents Judgment January 20, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, ......it denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties the learned Subordinate Judge decided t..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......The learned Subordinate judge has observed that the sale was invalid and as such there was no necessity to gat this sale set aside by an appeal to the Commissioner. The sale was to be held on 20.6.55 according to the sale notice, but it was not held on that day; it was held on 22.6 55 without any re......dra Nath Biswas……………………….Respondents Judgment January 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar M......ion having been directly contravened.” 6. Mr. SS Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......The learned Subordinate judge has observed that the sale was invalid and as such there was no necessity to get this sale set aside by an appeal to the Commissioner. The sale was to be held on 20.6.55 according to the sale notice, but it was not held on that day; it was held on 22.6 55 without any re......ndraNath Biswas……………………….Respondents Judgment January 16, 1978. Result: The Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj ......on having been directly contravened.” 6. Mr. S S Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
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