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Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......RO Case Nos. 39, 36 and 35 of 1994 in the Labour Court under section 34 of the Industrial Relations Ordinance, briefly, IRO., on the ground that the orders of posting were designed to restrain them from carrying on their trade union activities. 2. The said three cases were d......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Mainur Reza Chowdhury J.- These appeals under Article 103(2) of the Constitution arise from certificate granted by the High Court Division under section 66A (2) of the Income Tax Act 192...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......lass Appeal No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure. 2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 and that he was entitled to be reinstated with full arrear dues up-to-...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... by the civil Court after consideration of evidence if it is so desired by the writ petitioners, for in the absence of any evidence and lawful decision as to whether Raghuram Moni had been in India from long before 1965 and whether the recording of his name in the SA Khatian was wrongly done or n......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......ase No.3 of 1995. 2. The short fact leading to this petition is that, the petitioner was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Ministry of Agriculture and he was sent to New Zealand for Post Graduate training but with......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability of at least of the Rules, Regulations, etc. of the bank constituting misconduct warranting removal from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......sp; It is the case of the plaintiff that after taking delivery of possession of the land purchased by him in the auction he was possessing the same with his licences. 11. It appears from the materials on record that the lisencees approached the office of the Additional Deputy....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......tive Team filed a Revenue Evading Case N0.16/ MUSAK/2003 dated 03.08.2003 with the Commissioner of Customs, Excise and VAT stating, inter alia, that the officers of Preventive Team collected MUSAK-11 from different MUSAK Circles of locally purchased raw materials for the period of 05.09.2000 to 06.0......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ed by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others................Respondents
Judgment
January 23, 2006.
Result:..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ...... (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment dated April 3, 1975 of the High Court Division in Reference Case No. 2 of 1969 m......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......depends mainly on the construction of the expression "previous year" as defined under section 2(11) of the Income-tax Act. The expression 'previous year' means— "(i) in respect of any separate source of income profits and gains— (a) the twelve months ending on the 30th day of June ne..Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......tated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controversial matters, are that the land in suit belonged to Sujan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bib......suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(26) In the present case independent advice was not at all necessary in the facts and circumstances of the case as because th......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......and unsuspended Constitutional provisions were kept in force and allowed to continue subject to the Proclamation and Martial Law Regulations or Orders or other Orders and the Constitution was amended from time to time by issuing Proclamations……………………(18) Martial Law Courts be......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......ative function one by the President, the Chief Executive of the Republic and the other by the Chief Martial Law Administrator was combined in the same person. The same Legislative fountain became the source of both the legislations one of was justifiable while the other could not be questioned in ..Category: Criminal Law | Date: | Hits: 294
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....s allegedly exculpatory in nature, that it was inadmissible in evidence having been made in presence of Police officers and further that it was only the statement of a co‑accused without any corroboration. 3. Mr. Shahidul Islam, learned Advocate, has appeared for the appellants with......Revision No. 938 of 1990. 2. Facts giving rise to this appeal are given briefly below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Statio......he conviction was based on a confessional statement of a co-accused only. The Additional District Magistrate did not discuss the evidence of any of the prosecution witnesses in order to come to his independent finding, but he simply accepted the finding of the trial Court. As to the Judgment of ......and free from any blemish or infirmity, it was admissible against its maker only, but no conviction of the co‑accused can be based only on that confession without any corroboration from other sources. The learned Deputy Attorney-General could not but accept this proposition of law. In this..Category: Criminal Law | Date: | Hits: 44
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... ballistic expert P.W. 18 Fazlur Rahman was not sure as to from which gun, that of appellant Nawabul Alam and acquitted accused Lai Miah, deceased Tuku was fired upon, the trial Court did not find corroboration of the prosecution case from the evidence of P.W. 18. As for P.W.s 6 and 7 the trial ......dismissed, but the appeals of the other six condemned prisoners were allowed and they were acquitted of the charges. 3. Thereafter the four accused‑appellants obtained leave of appeal from the Judgment and order of the High Court Division dated 17/18‑3‑91. 4. P.W. ...... not place reliance on the trial Court. Giving elaborate reasons the High Court Division did not find P.W. 8 to be a reliable corroborative witness. Then it held, "although corroboration from independent witnesses is not necessary in the facts and circumstances of this case, as an extreme c......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......sp; MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were away from their house in the morning, the accused appellants, and many other persons, variously armed, r......d of the investigation that led to the submissions of two charge‑sheets, a very unusual event on the self‑same occurrence. The investigating officer ought to have ascertained the facts independently and submitted charge‑sheet if at all in one case only, leaving the other party,......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ...... 15 and 14 of 1993 respectively and Bangladesh Biman Flying Service Association of Cabin Crew, which added itself as respondent No. 6 in Writ Petition No. 1311 of 1990, preferred CA No. 16 of 1993 from the said Judgment and order of the High Court Division. These appeals by leave have been heard....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......stablish and, subject only to the rules of the organisation concerned, to join associations of their choosing without previous authorisation” (Underlines are mine). This section has its source Article 2 of Convention No. 87 adopted by the International Labour Organisation in 1948 and ..Category: Labour and Industrial Law | Date: | Hits: 103
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......s petition for leave to appeal No. 292 of 1991. 2. The petitioner who was a Collector of Customs and Excise at Khulna upon conviction by a Special Martial Law Court was compulsorily retired from service by notification dated 4.8.93 under Rule 4(3) (b) of the Government Servants (Disciplin......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......tive. 10. In the present case, there is no delegation of authority in that sense by one to the other under the provisions of a Statute. Here the law‑giver, namely, the CMLA who is the source of all authority, directs that the President will perform certain functions as assigned to h..Category: Administrative Law | Date: | Hits: 122
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......r Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals‑‑Civil Appeal Nos. 31 and 40 of 1991‑have arisen from Writ Petition No. 365 of 1987 which has been disposed of by the impugned Judgment of the High ...... Industries and Natural Resources was also authorised by the Acting President to take over the management of any industrial or commercial concern. This Order is therefore, neither a separate nor an independent Order. The Order dated 26 December 1971, with the amendment, remained in force till 3 J......is Order was amended by Notification No. See XI/IM‑35/71/30 dated 30 December 1971, only to the extent that, in addition to the Ministry of Commerce, the Ministry of Industries and Natural Resources was also authorised by the Acting President to take over the management of any industrial o..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....Begum, it becomes necessary for us to consider as to whether she was telling the truth connecting the appellants with the offence of rape on her and further whether die evidence of this woman needs corroboration either direct or circumstantial implicating the accused with the offence. 7. ...... 2. The prosecution case, to narrate in brief, is that on 1.12.1988 at about 8‑00 PM the informant victim P.W. 4 Salma Begum was returning to her husband's house at Godaragat in a rickshaw from her father's house at Monipur and when she reached near "Soni Cinema Hall" four pers......fter the occurrence to these witnesses as sufficient corroboration of the evidence of rape. But truely speaking, this is no corroboration in the eye of law. Corroboration in such a case must be by independent evidence, that is to say, by some additional evidence either direct or circumstantial o...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......ructed for reasons beyond the control of the Presiding Officer, he shall stop the poll and inform the Returning Officer that he has done so". The Returning Officer, on receipt of such a report from the Presiding Officer, shall immediately report the matter to the Election Commission and then ......ing any opportunity to the petitioner to be heard. The Election Commission, apart from the admitted contradictory reports of the Presiding Officer, got an enquiry held by the Deputy Commissioner. But independent of the question of the Deputy Commissioner's report, which is not necessary in the matte......ers of Parliament. Article 119(2) gives the Election Commission power "to perform such other function as may be prescribed by this Constitution or by any other law". Article 119(2) thus indicates the source of authority, power and jurisdiction of the Election Commission in respect of elections other..Category: Election Law | Date: | Hits: 117
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 14-2-67 in Civil Rev...... to exercise may take step as required in the circumstances of the case. Because of the transfer by the vendor to the respondent, a right accrued to him in respect of the holding and such right is independent of the right of the vendor and such right cannot be extinguished except under process o......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
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