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Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......dgment June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premiu...... the judgment and order dated 18.11.1985 passed by The High Court Division, Comilla Bench, in Civil Revision No. 140 of 1984). Judgment Shahabuddin Ahmed J. - This is an appeal by special leave granted to the appellants, BanglaÂdesh and another, to examine the legality and proÂpriety of a de..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......by the separate and specific proviÂsion in Rule 29. Rule 29, as quoted above, contains similar provisions for fixing a dale for re-poll with the approval of the Election Commission. Rule 29 (2)(c) empowers the Returning Officer to fix the place at which the fresh poll shall be taken; but it does no......ds) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensa......t beÂing an adjourned poll in each case and not a new election, no voters or candidates were misled by the change of place. The High Court Division after hearing the parties discharged the Rules. We grantÂed leave on the same grounds as were agitated in those petitions and, in addition, a ground f..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......and anÂother…………………………………………....Appellants Vs. The State...............………………………………………...............Respondent Judgment October 31,1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of ......Âterpolated in the office of the District Fishery OffiÂcer, nor did he claim the disputed fishery—Bhajandhi to Nilakhi—on the basis of the lease-deed, but he claimed it under a subsequent lease granted to him by the Revenue Department. Defence of the accused Fishery Officer, who executed the l..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......e to the businessmen, namely, the custom and sales tax could only be leviable on imÂported sugar in excess of 50% customs duty and 10% sales tax. This concessional rate is announced in exÂercise of powers conferred by section 19 of the CusÂtoms Act and section 4(1) of the Sales Tax Ordinance. ......s also Reported in: 42 DLR (AD) (1990) 167. ...... No. 50 of 1985). Judgment Badrul Haider Chowdhury CJ. - This appeal by special leave is directed against the order of the High Court Division in Writ Petition No. 50 of 1985. 2. Leave was granted to consider the contention that the notification under section 19 of the Customs Act is alwa..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......Notification (S.R.O.440/L/76 dated 18.12.76) having been issued without any legal authority must be treated to be of no legal effect in view of the facts that section 60 of the Income Tax Act, 1922 empowers the GovernÂment to grant exemption with or without modificaÂtion. 6. The High Court Divi......r words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of the Income Tax Act cannot control the Preside......Haider Chowdhury J. - These two appeals by special leave are directed against the judgÂment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that on..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, ......llate Court's finding that the suit was not maintainable without declaration of title to the suit land was upheld and the appeal was dismissed by the judgment and decree dated 9.2.84. 7. Leave was granted to the plaintiff-appellant to consider whether the findings of the lower appelÂlate Court a..Category: Tenancy Law | Date: | Hits: 169
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......ority only. The learned Advocate for the writ petitioners also could not assert that the petitioners have been given on the basis of seniority only. The Administrative Tribunal has jurisdiction and power to give any consequential relief as to seniority and promotion. In the instant case the writ......adud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed by the High ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram Hossain before getting delivery of possession of the pro...... the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by the High ......15.10.1997 was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram Hossain before getting delivery of possession..Category: Procedural Law | Date: | Hits: 154
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......gment and decree dated 31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 196......cree of the learned subordinate Judge and decreed the suit in part declaring only that the impugned orders dated 21 October 1979 and 22 May 1982 were illegal and void. 7. Leave was granted to consider whether the learned Single Judge of the High Court Division erred in law in set..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......, Dhaka, Bangladesh. That respondent No.2 as the promoter, Chief Organizer and Chairman of the then proposed Jamuna Bank Limited, respondent No.1 in order to organize the Bank delegated wide range of power and authority to respondent No.3, namely, Mr. Arifur Rahman through a letter of authority date......on No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2......espondents (In Civil Petition No. 163 of 2004) Nur Hussain and others….................Respondents (In Civil Petition No. 06 of 2004) Judgment January 4, 2005. Result: Leave is granted. Lawyers Involved: T.H. Khan, Senior Advocate, (Dr. M. Zahir, Senior Advocate with h..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ………………â€......igh Court Division by the same impugned judgment discharged the Rule issued in Writ Petition No.5350 of 2000 in view of the pronouncement of judgment in Writ Petition No.6140 of 2000. 7. Leave was granted to consider the submission that admittedly the writ petitioners claimed unspecified, undemar..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... said amount was shown distributed amongst farmer members falsely and fraudulently creating some papers and thereby the accused persons conjointly dishonestly and misusing their respective official power misappropriated the said amount. 5. It is not necessary to consider any other matter ...... Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants B. Hossain, Deputy Attorney General (both the appeals), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For ......peal No, 2042 and 1929 of 1993 respectively) Judgment: A. T. M. Afzal CJ. - Leave was granted in these two appeals by leave to consider the question of sentence only. 2. Accused ..Category: Criminal Law | Date: | Hits: 44
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......, he should be given relief in an application under Section 561A of the Code of Criminal Procedure, which is beyond its scope. 8. It may be mentioned that the jurisdiction of exercising the power under Section 561A has been well settled. In this connection a decision relevant in the ...... Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by the High C......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......dominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and promotion...... Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government......nsider the petitioner for promotion and also did not recommend the name for promotion and he could not secure required minimum 80% marks in the annual confidential report. 5. Leave was granted to consider the submission that the Article 14 of P.O. 10 of 1972 having permitte..Category: Employment/Service Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the conÂtentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the conÂtentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......r. Md. Ruhul Amin J Mr. Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sa......e agreement, that he purchased the possessory right of the shop at a consideration of Tk.95,000/- and running medicine business there, that in spite of payment of rent regularly the plaintiff did not grant receipt and thereupon he filed the House Rent case No.1 of 1993 and depositing the rent in the..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. 3. The petitioner being defendant No.3 in Title Suit No. 64 of 1992 filed an application to stay proceeding of the suit till disposal of the aforesaid Title Suit No. 213 of 1979 conte...... Division after final hearing discharged the Rule upon the view that the property involved in the two suits, issues in the two suits and the parties therein are not same. 5. Leave was granted to consider the submission that the learned Assistant Judge as well as the learned Sin..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... was held was not proper and the order of dismissal having been passed in the background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respect of the plaintiff is uncalled for and that acti......Cadet College, Pabna, Bangladesh and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and o......and Artha Rin Adalat, Pabna in Other Class Appeal No. 199 of 1993 dismissing the same. The appeal was filed against the judgment and decree dated September 21, 1993 (inadvertently in the leave granting order it has been written September 4, 1993) of the Court of Senior Assistant Judge, Sada..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......der of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. La......ivision discharged the Rule with the finding "We therefore, come to the conclusion that this writ petition is per se not maintainable as being improper and frivolous". 9. Leave was granted to consider the submission that the writ petition having not been posted in the cause ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......hority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section 196B of the Customs Act was amended by Act, XXVII of 1987 which now stands as follows- "196B power of the Government to call for and examine records. The Government may on its own motion or o...... Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed by Md. Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......de during the pendency to the appeal. He further submits that the validity of otherwise of taking possession was subjudice before the court and the High Court Division erred in exercising the power under section 151 of the code of Civil Procedure when exercise of power under section 144 was......cate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by t......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
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