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Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ...... not required in the interest of the People's Republic of Bangladesh, the Government may notwithstanding anything to the contrary contained in any law for the time being in force or in the terms and conditions of service of such person remove such person from service without assigning a......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......nd void, but in the facts of that case it observed that the "authority is expected to assign some reasons." It was a case concerning an employee of a statutory Corporation where terms and conditions of services of its employees were not regulated by any statutory rules. Howev......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h..Category: Employment/Service Law | Date: | Hits: 87
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......eing definitely higher than that of a servant in the family being the wife's brother and also because the notice having been received by him at the suit premises, there has been compliance with the terms of section 106 of the notice. Assuming that there may be some controversy as to whether a wi...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ee from a person claiming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady had independent advice and she properly understood the terms of the deeds before she executed the same. 2. Facts in short necessary for apprecia&sh...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas..Category: Property Law | Date: | Hits: 57
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ion was whether in view of the Martial Law Regulation VII those petitions have abated and the answer to the question was in the affirmative, 13. In 32 DLR (AD) 26 the Court considered against the terms of Martial Law Regulation No. VII of 1977 when the Court considered that the appellant got int......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......n in the method of complication of accounts or of the budget estimates; (vii) receipt or expenditure of foreign exchange unless already allocated; (viii) a change in the terms and condition! of service of Government servants, and employees of public corporations ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ...... it was competent to the executing court to make an order of restitution with a view to secure to complete justice between the parties concerned "even if the case does not come within the terms of section 144." 7. In the instant case the High Court Division concentrated its ......h;For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....the Supreme Court of India do not support the arguments of the learned Attorney-General in answering the question raised before us. In all the decisions the question for consideration was whether the extraordinary jurisdiction of the Supreme Court, as provided in Article 136 of the Constitution coul......ecial cases, where it is otherwise provided, servants of the Crown hold their offices during the pleasure of the Crown, not by virtue of any special prerogative of the Crown, but because such are the terms of their engagement, as is well understood throughout the public service. The words subject ......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......eep up the standard of food work already attained by you and will also maintain the spirit and zeal that you have shown so far. 4. I take this opportunity to stress that your salary and terms of service are a matter between yon and the Company only and as such. the same should be tre...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ..Category: Labour and Industrial Law | Date: | Hits: 97
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......the Executive Government of the Dominion to obtain by direct request, answers from the Supreme Court of Canada on questions both of law and fact; and nearly all the Provinces passed Acts in similar terms requiring their own Courts to answer questions put by the Provincial Governments. It was hel......s also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......earing for the defendant-appellant canvassed that the suit under section 6 was not maintainable because it was not a case of maritime lien. Section 6 of the Admiralty Court Act is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consig......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... 2. The appellant challenged the validity of an order passed by the Circle Officer, Revenue, Satkhira, Khulna, Respondent No. 4 on July 18, 1969. The impugned order is in the following terms: "In pursuance of Govt Instruction conveyed vide A.D.C. (R...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors……………………………&hell..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......e where such assessee has exercised the option under sub-paragraph (iv) of paragraph (1) of the schedule; (iv) animals; (v) a right to any annuity in any case where the terms and conditions relating thereto preclude the commutation of any portion thereof into a lump-......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......n should not be passed till disposal of the Title Suit No. 172 of 1975 of the Court of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………………&hell..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......ax Officer did not suspect any fraud on the part of the assessee, now, the only question is whether the shares in question could be revalued at the market rate or at cost. Section 7 is in following terms: 7. Value of assets—how to be determined :-(1) The value of any ass......h;For the Appellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......is not a resident in the country during such year, accrue or arise or are deemed to accrue or arise to him during such year. 8. Explanation 3 to the section is in the following terms:— "A dividend paid within Pakistan by Company formed and registered u...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... the Ruplal House. She paid the consideration for the same. She further stated that 8 annas was given to them out of love and affection and to maintain best of relationship with each other. As per terms of the agreement transfer of Ruplal House was completed by the registered kabala Exhibit A{3)......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......rrect in taking the view that Regulation 7B is an enabling provision and it does not exclude the ordinary Criminal' Courts and Tribunals. The learned Judges expressed their opinion in the following terms: "We, therefore, find no reason why the Regulation which is an enabling pr...... both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated December 4,1979 passed by the High ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ted company and the winding up order of the company made by a learned Single Judge, was upheld in appeal, as it was proved that the two directors of the company were not on speaking terms, that the so-called turnings of the Board of Directors have been almost a farce or comedy, an...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ding Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him………………..(10) The respondent being an employee of the D.I.T., his terms and conditions of service is regulated by the Act itself and the rules framed there under. Inv...... in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
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