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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......be carried on according to its own Memorandum and Articles of Association as well as the provisions of the Companies Act. Under the provisions of sections 5, 6 and 7 of the Order the Government was empowered to do away with any obstacles which it may be faced with in managing such company or enterpr...... called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musha......ved by the judgment of the High Court Division passed on July 19, 1979 the appellant moved this Court and obtained Special Leave to appeal  on August 31, 1979. The points on which leave was  granted were: ‘‘(1) whether the appellant was in the service of the company or in the ser..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......ruction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overriding power of the Government, or in other words, the title of the owner remains eclipsed or suspended a......ladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. ......n Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being an enemy ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Ma......¦â€¦.Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. GovernÂment of Punjab, PLD 19......0 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital Law Regulation No. 1 of 1975. 3. Leave was granted in the background of lifting of Martial Law by the Proclamation on April 6, 1979 to examine ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... can give protection to a member of the Defense Services or of any disciplined force in case he chalÂlenges the decision of the authority under which he serves……….(13) The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy......¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment January 31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the ......orce as defined in the ConstiÂtution, and the resulting lack of his competenÂce to present such an application, it is no longer necessary for us to determine the other two points on which leave was granted. I would, therefore, allow the appeal and set aside the order of the High Court Division..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ....... The appellant in Criminal Appeal No. 22 of 1979 was tried by a Summary Martial Law Court, Patuakhali, on the charge of misappropriation of Taka 1, 53,949/00 by misusing and abusing his powers as Manager of Uttara Bank, Khepupara Branch and was convicted under Regulation II of M.L.R. ......sh; For the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Rec......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......vision in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal could ......nbsp; Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Or......; Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the Presid..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ower to extend time to comply with the above noted requirement and the application must be rejected. The other view is that the requirement of the proviso is directory and the power to extend time is discretionary. In an appropriate case the Court is competent to extend time. The third view is that ...... compliance of the proviso to sub-section (1) of section 17 of the Provincial Small Cause Court Act? Along with this another short question has been raised is, wheÂther the Small Cause Court has the power to grant time for filing security bond beyond the period of limitation for setting aside the e...... Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the applica......ce of the proviso to sub-section (1) of section 17 of the Provincial Small Cause Court Act? Along with this another short question has been raised is, wheÂther the Small Cause Court has the power to grant time for filing security bond beyond the period of limitation for setting aside the exparte de..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......on in S. A. No. 973.) Judgment   Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated......Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the ApÂpellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) R......tlement from the Bhattacharjees by Exts 1 and 1 (a) which have been concurrently held by the Courts below that they were invalid and the plaintiff did not acquire any title to them and no leave was granted on the issue. 4. As regards to the 'Kha' schedule lands all the three Courts below ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......rder. The order in substance is a review of the judgment made by the High Court Division and the question whether the High Court Division has, in exercising writ jurisdiction, correctly exercised its power to review its own ordered. 3. The question involved, no doubt, is of great public importanc......s Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......The jurisÂdiction as to restitution bears only a superficial resemblance to the Jurisdiction at to execution. The jurisdiction to order restitution is inherent in the court and it flows not from any power which it may have to carry into effect the decree or order of the court but from the recogÂni.............................Appellants Vs. Kamalarma Bibi and others …………………...Respondent Judgment November 26, 1980. Result: The appeal is dismissed. Case Referred to- Parmethwar Singh A.I.R, 1934 All. 626; Saraj Bhushan A.I.R. 1932 Cal 308; Hari Mohan Dalal, ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ion, the word ''transfer shall include sale, exchange, gift, will, mortgage, lease, sub-lease or any other manner of transfer or any agreement for such transfer, or change of management through a power of attorney or otherwise, but shall not include a mortgage to Government or to the Agricul.....................Appellants Vs. Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Inv......akistan. An application was filed before the Sub-Registrar stating that the vendors had filed applications to the relevant authorities for issuing necessary permission, and as soon as the same was granted, it-v would be produced for registration of the sale-deed. On December 9, 1964, defend..Category: Property Law | Date: | Hits: 75
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... 9. The learned Judges treated the rules appended to the Resolution of the Ministry of Finance dated 18.8.58 as the statutory rules which they are not. Section 203-B confers the rules making power to the Government to frame rules for business in gold, etc. On this authority the Central Gov......p;………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advoca......nter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended to the Resolution dated 18-8-58, particularly rule 7 which states that granting of reward is wholly a matter of discretion of the Government as a token of its appreciatio..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... however, was given under section 66(2)(a) of the Income Tax Act. 5. Syed Ishtiaq Ahmed, the learned Counsel for the assessee canvassed that rule 9(2) had been framed under Rule-making power in section 59(1)(e) and no one has ever doubted or questioned the vires of the Rule itself. T......me Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and it plies ships from and to ports in Bangladesh. During the assessment year 1968-69 the Assessee Company claimed depreciati......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......; Ruhul Islam J.-This appeal by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 1951 raising the question as to whether the assessee is entitled to claim adjustment on refund of the sales- tax paid by him at ......ourt Division also did not find any merit in the contention of the assessee and by the order dated June 24, 1980 rejected the application Thereafter the assessee moved this Court and leave was granted to examine the contention whether upon a true construction of sections 4(b) and 27(1) ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....by reason only of the fact, or shall be called in question in any Court, including the Supreme Court, or Tribunal, merely on the ground, that at the relevant time such order was made in exercise of a discretionary power conÂferred by the said sub section without any principle or guideline for the e......while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh ParÂliament by virtue of Article 65 has plenary or supreme legislative power conferred upon it, and this power is exercisable subject to the Constitution The Constitution ......S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): Basanto Co. Ghosh vs. EmÂperor AIR 1944 (P.C.) 36. Lawyers Involved: Shaukat Ali Khan, Advocate ......ancillary power of validation of executive orders or actions, but like the validation of law, the latter ancilÂlary power is subject to the Constitution. It is another canon of interpretation that granted the legislative competence, it is not sufficient to declare that the decision of the Court s..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......e was granted to considers— (a) Whether upon a true construction of section 30 of the Special Powers Act the Appellate Tribunal has the power to hear appeal against the order of acquittal; (b) If so, whether the sentence ......58. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. ...... on setting aside the order of acquittal the Appellate Tribunal is required to pass an appropriate order, which may include an order of conviction and sentence. 4. Leave was granted to considers— (a) Whether upo..Category: Criminal Law | Date: | Hits: 40
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. ...... the employees of the Bangladesh Water Development Board, mentioned below are no longer required In the interest of the People's Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of the Government of Bangladesh (Service) Order, 1972 (Presiden......;……………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants. Moin...... No-9 of 1972 empowering the Government to remove its employees from service without assigning any reason thereof, has no application in the facts and circumstances of the case. 4. Leave was granted to examine whether the High Court Division acted correctly in allowing the Writ Petition o..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......The Income Tax Act, 1922 (IX of 1922), sections 13, 66(1)
In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such......come Tax Act, 1922 (IX of 1922), sections 13, 66(1)
In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such a cas......ase to the Deputy Commissioner of Taxes to determine the income, profits and gains of the assessee in accordance with the provisions of section 13 read with section 23 of the Income-tax Act Leave was granted to examine wheÂther the High Court Division was correct in answering the question raised by..
Category: Fiscal/Taxation Law | Date: | Hits: 100
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. ......not filed the petition in mitigation of sentence. He has challenged the very decision on the ground of illegality and arbitrariness. It is not enough that the authority has been vested with a power and the authority concerned has been satisfied in what way the power has to be exercised. Whe......p;..Respondent Judgment March 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellants. Syed ......er punishment. In this view of the mailer the High Court Division declared the impugned order of dismissal illegal since no reason for giving the higher punishment was assigned. 8. Leave was granted to consider the questions whether the recommendation of the Enquiry Officer appointed under..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......te court dismissed the suit on reversing the judgment and decree of the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal when it...... appellate court dismissed the suit on reversing the judgment and decree of the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal ..Category: Property Law | Date: | Hits: 47
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