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Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....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. ...... 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on set......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. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
.... 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......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 92
....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......assessing officer cannot be said to be arbitrary Mr. Pal found it difficult to place his case on that plaint.
15. Mr. C.R. Ali appearing for the respondent in Civil Appeal No. 50 of 1981 practically adopted the arguments advanced by Mr. S.R. Pal. He only added that the finding of the Appellat......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....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 ......y concerned, however, took the view that the officer ''acted deliberately to sabotage order of his superior". It was further found that "it was a case of deliberate disobedience and calls for stringent punishment for gross misconduct". Accordingly, the Secretary suggested tha......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. ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....l does not refer, the aggrieved party can move the Court to require the Tribunal to state the case. Further, in the scheme of the Act there are other remedial measures. Section 35 of the Act empowers the Income Tax Authorities to rectify their mistakes on their own motion or on application ...... 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-63 demanding Rs. 11,98,326/- as tax from the Official Liquidator, Dacca Electricity Development Company under liquidation. The Commissioner of Income Tax ......t the jurisdiction of the Civil Court is barred, overruled the decision of Court in Sargoda Trading Company’s case (A.I.R. 1943 (Lah), 228) and held that the Income Tax Authorities cannot be called upon to prove their claim in a liquidation case otherwise than by the production of the asse......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
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. ......thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day of the next month. A sum of Tk. 2000/- was paid to the appellant as security deposit to be refunded to the respondent on the expiry of the lease whi......edgment due. We have also not find the defence evidence that the signature was disclaimed to be of anybody of the office of the defendant vide D.W, 3. In such circumstances it was incumbent to call for the postal peon who allegedly served the registered letter. There is no explanation in t......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. ..Category: Tenancy Law | Date: | Hits: 67
....o show that the impugned order or action is not or cannot be considered to be one made under the Act. It is well recognised that no order is an order under the Act if it was not passed in exercise of powers granted by the Act and was, therefore, without jurisdiction.
8. In view of the provisi......seer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he was employed......ative.
5. Section 33 of the Ordinance provides as follows:
“No order made under this Ordinance or under any Statute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie aga......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....the Third Proclamation dated 28-11-76. Amendments of Regulations 4 and 11 of the Martial Law Regulation No.1 of 1975 (purporting to include "President" within the mischief of Regulation 11 and giving power of review to the Chief Martial Law Administrator) were elected immediately thereafter, vide Re......gladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: Both the appeals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR ......l Law Administrator. (6) Subject to review, all orders, judgments and sentences of a Martial Law Court shall be final. (7) No order judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever in, by or before any Court, including the High Court an......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. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....eadings, (4) Evidence on such applications shall be by affidavit, but the Judge may direct any witness to be examined." 4. It appears that no dispute was raised as to the power of the Prize Court to direct distribution or investment of the Prize Fund upon an application......Court, High Court Division, Supreme Court Building, Dacca …………….. Respondents Judgment Feb. 23, 1982. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Rec......dy of the Prize Court to the custody of the executive administration of the Government. 6. Mr. A. Bakr, Attorney-General, submitted that though the Ministry of Law has not been specifically empowered by the Rules of Business of the Government to deal with financial matter relating t......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. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....ion of section 144 of the Civil Procedure Code is not applicable to an order in a pre-emption case, still restitution may be available under section 151 of the Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of t......n this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of the Code of Civil Procedure, briefly the 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. ...... reversing the judgment or order should provide for this; and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or ......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. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....the Central Government. The consideration was whether the Central (Government acting as appellate authority was a tribunal. It was held that the restrictions which are inherent in the exercise of the power of the Court also apply to the exercise of the appellate power by the Central Government, i.......9). And Bangladesh & others…...Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Cou......ons of the Constitution indicates that the police force has been treated as a separate class of officers, but their place is not clearly indicated in the service of the Republic. We are, therefore, called upon to demarcate their position in the Constitution, upon a true construction of all the rel...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....our Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or Incapable of sitting as a member, it has been empowered to continue to function. As no obligation has been imposed upon a member to attend the sitt......Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, P......in the absence of such member and no act, proceeding, decision or award of a Court shall be invalid merely by reason of absence of any such member from any sitting of a Court and no Court shall call in question any such fact, proceeding, decision or award.” Reference was also ......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. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ors………………………………..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate......are economics. Affluent people will go there and those who cannot afford will not go there. It is true that the high rate of fees are hard hitting the in the Inflationary society but that does not call for total disregard of reality while considering the question of usefulness. As for the state ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
.... a special meeting would be held at 11 A.M. on October 22, 1979 in his office premises for considering the no-confidence motion against respondent No. 1. Mr. Monzur Ali, Magistrate, 1st class was empowered to preside over the meeting. On the aforesaid date the special meeting was held in which th......…. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: ......strate Bogra was appointed to enquire into allegations who found that some of the charges were true. Though admittedly, respondent No. 1 was as old man, he did not seem to be ill, either physically or mentally. The enquiry officer noted the worsening relations between the members and the Ch......to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to enable them to move a motion of no confidence against the Chairman. Among fourteen grou..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......e judgment of Badrul Haider Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting as......tre B. N. Goswami stated that after counting of votes he declared the result at the election centre by 2-30 P.M. and then with all election materials and election boxes came to his office as he had call of nature. Distance between his office sad the polling station is about one and half miles an...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....tion 561 A of the Code of Criminal Procedure. The learned Judges discharged the Rule in Criminal Miscellaneous Case No. 687 of 1978 holding that section 435 Criminal Procedure Code has given ample powers to the Sessions Judge for conducting the impugned enquiry. The learned Judges observed:......dents Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, Attorney General, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Rec......he Magistrate obtained his signatures on blank sheet without his consent and concurrence. The Sessions Judge started on the footing of the telegram a suo motu Miscellaneous Case No. 687 of 1978 and called for the records of M.R. Case No. 40 of 1978 in exercise of jurisdiction under section 435 of...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....nconsistency, become void on the commencement of the Constitution. Along with it, if we refer to Article 108 we find that it says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to law, to make an order for the investigation o......74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 7......e of Abdur Rob and Jahangir Hossain. In Abdur Rob's case, it has been observed that in exercise of the jurisdiction of such excepted authority, where the lack of the jurisdiction is alleged, it may call for the invoking of Writ Jurisdiction of the High Court Division and comment has been made from......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: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....y section 22(1)(a) (XIII), 13. Thereafter by s. 49 of the Administration of Justice Act, 1956, section 22 of 1925 Act was repealed, and by section 87 the Admiralty jurisdiction was conferred the power to hear and determine "any of the following questions of claim":— ''Any claim arising out......as M. V. Al-Sayer and others……….Respondents Judgment June 25, 1981. Result: Civil Appeal No. 15 of 1981 is allowed. Civil Appeal No. 38 of 1981 is dismissed. Cases Referred to- The St. Cloud (1863 LR 2 A & E 269); Napotor (LR 2 A & E 375); North Port Code Vs. Ow......ourse of 19th and 20th century, on both the sides of the Atlantic. The consensus of opinion is recorded as follows: "The only liens recognised today are those created by statutes and those historically recognised in maritime law." (Page 633 Ibid) 17. The authors have noticed the present day ......the loss of market and other expenses for which the defendants were liable for damage. As for the clogging of the salt it noticed that the defendant had already paid Tk. 50,000/- to the plaintiff for meeting expenses and then it assessed the damages on various counts and decreed the suit for Tk. 34,..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....e other hand, is based on the expression "making such adjustments therein as the circumstances of the case may require" occurring in section 7(2) (a) and purporting to exercise such power the Wealth Tax' Officer can take recourse to rule 8(2), 6. This is not permissible. Su......s appeal by special leave is directed against the judgment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/6...... of the assets and (2) on the paid up capital and reserves. The wealth tax officer in this case has taken recourse to the first method, that is, on the basis of the balance, sheet which specifically is authorised by section 7(2) (a) and the bulk valuation is made under sub-rule (9). Now the ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....applicable to Ordinary Criminal Courts and Tribunals other than Martial Law Courts constituted under the Martini Law Regulations and as such the learned Sessions Judge and Special Tribunal had the power to vacate the orders allowing withdrawal of the cases for retrial in exercising the power und......both the appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the......a Court of Session pending before the Magistrate for inquiry may also be transferred to the Martial Law Court. In this Regulation ordinary Criminal Court and Special Tribunal have been specifically mentioned while empowering the Chief Martial Law Administrator to transfer a criminal case to......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. ..Category: Criminal Law | Date: | Hits: 46
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