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Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......sort done contrary to the essence of justice". 21. Even the meanest criminal has a right to be tried in accordance with law and to be dealt with in accordance with law as per the constitutional terms. It is true that the Screening Board had found the appellant guilty. Guilt of an offence war...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......7. The Waqif appointed himself as the first Mutwalli under the deed which provides for succession of the mutwalliship. The property dedicated under the deed vested in Almighty Allah. According to the terms of the deed, 1/3rd of the net proceeds of the property, after meeting necessary expenses for i......is exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount o..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....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 ......nts, but shall not be liable to be punished twice for the same offence." Article 35 (2) of the Constitution, it may be noted here, also puts a bar against second prosecution in the following terms: "No person shall be prosecuted and punished for the same offence more than once." ...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......f's on the one hand and Balaram or Respondent 1 on the other, and the tenancy was created on the mere payment of rent between the landlord and tenant. A tenancy of this nature is legal and valid in terms of section 106 of the Transfer of Property Act. It has been termed to be a lease or tenancy ......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......he income amounting to Rs. 19,200/- to be spent for maintenance of his descendants. On the construction I have given, the Mutwalli has no discretion, but to carry out the direction of the wakf in terms of the wakf deed. This amount is devoted to the purposes of the wakf-al-al-aulad and according......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
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. ......way; (6) equality before law is a high concept of rule of law and cherished by all civilised states. Therefore, whenever any special court is created or any special procedure is provided in clear terms the underlying policy and purpose which will guide the executive to determine as to which ......AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......was rejected. 8. In the Bill of Lading the code name of which is 'Cogenbill' is approved by the Documentary Council of the Baltic and International Maritime Conference. It contains a clause 'all terms, conditions liberties' and exceptions of the charter party are herewith incorporated. The inco......) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......hout any order as to costs and set aside the orders of the High Court Division and the first Appellate Court, and send the case back on remand to the Court of appeal below to dispose of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed o...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, an..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....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 ......peal is when land is acquired under section 93 A of the Town Improvement Act and in the absence of Tribunal constituted thereunder, whether the Land Acquisition Court in assessing compensation in terms of section 93A (5) (b) (ii) read with 91A of the Act is competent to direct for payment of i...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ...... of the said resolution. Clause 29(c) of the resolution provides as follows; "All officers and other employees of the said Council in Bangladesh shall stand transferred to the Council on such terms and conditions as the Council may determine: Provided that an officer or other employee......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ...... BANGLADESH RAILWAY Office Order. No. 202-H/299(0) Dated 29.7.1976 In terms of decision contained in Ministry of Communication (Railway Wing) Dacca's letter No. CE/ADMN/......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......ained leave from this Court. Leave was granted to examine the question whether the Magistrate was competent to take cognizance of the offence on information other than a report of a Police Officer in terms of article 4(i) and 1(A) of P.O. 50 of 1972. 4. Mr. Kamaluddin Ahmed, Advocate appearing fo...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....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. ...... facie proved that the appellant mis-appropriated the synthetic fabric from the godown in connivance with five chowkidars and thereby he was guilty of the charge of misconduct and corruption in terms of sub-rule (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgme..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......ng section 50 we find that the jurisdiction of the Administrator is attracted when a dispute as to the waqf character of a property arises. No time has been prescribed in the Ordinance. Therefore, in terms of well-recognised canon of interpretation of statute the Administrator will have the jurisd......9 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....abuse of process" in section 561A means in effect anything done by the Court. The powers given under section 561A are not more extensive than those which it has under its inherent power. They are extraordinary in their nature and are exercised ex-debito justiciae that is to say for the purpose......f statute and no litigant can claim a right of appeal unless that right is expressly conferred by the statute. Under section 30, a new forum of appeal has been provided and an aggrieved person in terms of section 30 has to prefer an appeal to the Special Appellate forum i.e. the Appellate Trib......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Government Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......l of specific size and quality by a contract dated 18.5.89 dispute arose between the respondent and the petitioner but in spite of repeated requests and a formal notice to appoint an Arbitrator in terms of clause 33 of the Contract the petitioner failed to do so and so the application to the cou...... Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......Code, this order could be challenged in an appeal taken from the decree passed in the suit. The second question, which is dependent on the first, is whether the ex parte decree is a valid order in terms of the Code of Civil Procedure. 6. After hearing Mr. Khandker Mahbubuddin Ahmed for th......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella..Category: Others | Date: | Hits: 119
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ...... property even by private negotiation, Dr. Hossain submitted that since notice calling tender bad already been issued in the present case, the Bank could resort to sale by private negotiation only in terms of rule 7(3) and not otherwise. 6. It cannot be laid down as a general rule that a sale ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol..Category: Banking Law | Date: | Hits: 142
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ...... from court to court but he also lost his job long ago and at present he is almost invalid. The learned advocate also submitted that the respondent had undergone imprisonment for some months in two terms before being released on bail. 13. The alleged offence was committed in 1961‑62......For the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appea..Category: Criminal Law | Date: | Hits: 41
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......3.5.89 and that he was still working as such dealer when he took oath of office and so he was disqualified to contest the election and was also disqualified to continue in the office as Chairman in terms of section 7(2)(of) of the Local Government (Union Parishads) Ordinance, 1983 which is as fo......an J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. Lawyer..Category: Election Law | Date: | Hits: 106
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