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Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the amount awarded by the Deputy Commissioner. The provision of law putting the embargo on the power of the Arbitrator to award amount not exceeding 10% on the award already made by the Deputy Co......4), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered to indicate that the affected person did not accept the award made by the Deputy Commissioner as cor......ts, who were opposite parties before the High Court Division, that the case may be sent back to the Arbitration Appellate Tribunal since the said appeal was not disposed of on merit. 8. Leave was granted to consider the contention of the appellants that the Arbitration Appellate Tribunal dismiss..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ng filed the joining report on 12.5.1996 and another on 8.6.1997, but by order dated 16.6.1997 the delinquent officer was again suspended from the date of dismissal i.e., 07.12.1993 in exercise of power under rule 11(3) of the Rules, 1985 whereupon the cited decision held that: "...... Zane Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah......n and also directing further enquiry against him and declared that the respondent is entitled to be reinstated in service with arrear benefits admissible under the rules. 5. Leave was granted to consider the submission of the learned Additional Attorney General as under: 6. &..

Category: Administrative Law | Date: | Hits: 124

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......er-alia, that sub-sections (2) and (3) of section 4 of the Artha Rin Adalat Ain 1990 are ultra vires the Constitution inasmuch as the enactment of the said provisions, by the Parliament, investing powers with the Government, instead of the President of the Republic, regarding appointment and pos......d, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by the High Co......istrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf. 116. The control (including the power posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercis..

Category: Banking Law | Date: | Hits: 121

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......s Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by t......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)

....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......at day, to that effect. The substitution, if any, came by virtue of Bangladesh (Legal Proceedings) (Second) Order, 1972—President's Order No. 69 of 1972, and Article 4(2) of the Order clearly gives power to the Government to ask for abatement of the proceedings, which it has done. This point, ther......re dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Deputy Attorney-General, instructed by M.S. Khan, Advocate-on-Record. — For the Respondents. Civil Ap......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 106

Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ng year and "this renewal will be granted as a matter of course". The High Court Division found it difficult to accept the contention that the Income-Tax Officer has been vested with the power to refuse renewal of registration under section 23(4). It noticed two decisions from the Indi......S. Badridas Full-chand, Saidpur, Rangpur... …………………………..Respondent Judgment July 31, 1980. Cases Referred to- Raghunantiait Prasad Monohar Lai vs. Commissioner of Income-Tax, U.P., Lucknow, A.I.R. 1......n was of the view that the Income-Tax Tribunal was justified in law in directing the Income-Tax Officer to allow renewal of the registration. It was held by the High Court Division that it is to be granted to a firm which had already been registered in the immediately preceding year and "thi..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......;cational institution. namely, Udaypur Halima Darul Ulum Madrasha The respondent No. 2 granted licence to the appellant for one year with effect from 1st Baishak, 1379 B.S. in exercise of the power conferred under clause (iii) of the proviso to subsection (3) of section 2 of the East P...... Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. Civi......;pondent No. 2, Additional Deputy Commissioner (Revenue), Khulna, rejectingthe application of the appellant for taking lease of the cattle market for the year 1380 B.S. on the basis of licence granted for the previous year. It was contended by the appellant that the application for..

Category: Property Law | Date: | Hits: 93

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......egard to the lands she inherited from her husband and sought help of defendant 3, a relation of her husband's brother Biraj Mondal. Defendant 3 persuaded the plaintiff to execute a Khamata Patra or power of attorney, but by practicing fraud upon her got a patta, and the document was not read over ......in Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady�......0. Civil Appeal No. 6 of 1979. (From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special ..

Category: Property Law | Date: | Hits: 53

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....rocedure a wide discretion is given to a Magistrate with respect to the grant on refusal of process. Such discretion must be exercised judicially and the Magistrate will not abdicate his such discretionary function which is envisaged by the Code in favour of any other authority. (4) Onc......ng a police case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance against these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuing processes or not by the Court…�......f the complaint is in writing the examination of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee Magistrate is not bound to re-examine the complainant…………(3) The trying Magistrate in the instant case wholly e...... consideration of the naraji petition and the other materials on record to enable him to decide whether to take cognizance in the matter against the non-charge sheeted present appellants. Leave was granted to consider the aforesaid question Mr. Meser Ali, the learned Counsel appearing for the ap..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may fixed in the order. (5) If the m...... challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constit......e filed and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificate was also granted. Vires of President's Order No. 88 of 1972 was also challenged whereby section 95 A was ..

Category: Property Law | Date: | Hits: 85

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......t all. It was held that this was illegal and the District Magistrate was directed by a writ of mandamus for re-tendering. The Court granted writ because the prescribed procedure for the exercise of power was not followed and therefore the action was ultra vires. In the case of K N. Guruswami Vs. S...... ......e the plaintiff is to satisfy that such declaration should be made in his favour by virtue of the right accrued in his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter ..

Category: Others | Date: | Hits: 94

Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)

....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......Order, 1972 (President Order No. 16 of 1972) and Martial Law Regulation VII of 1977 On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..

Category: Constitutional Law | Date: | Hits: 157

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to the Court of first instance under section 144 of the Code is available to a Court...... Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to t......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..

Category: Procedural Law | Date: | Hits: 96

Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)

....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... "Provided that if, in the course of a trial before a Special Magistrate, the offence appears to him to warrant a presumption that the case is one which calls for higher penalty than he is empowered to award, he shall stay the proceedings and submit the case with a brief report, explain...... Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection with offences shall be triable exclusively by Special Tribunal………..(6) Case Referred to Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. Lawyers Involved: Rafiq...... of the Penal Code also but the charge-sheet constituted a prima facie case under Article 2(4)(f) of the Presidential Order No. 50 of 1972 and therefore the proceedings cannot be quashed. Leave was granted to consider whether the proceedings are liable to be quashed, inasmuch as, cognizance was ..

Category: Criminal Law | Date: | Hits: 57

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 ...... awarding either lesser or enhanced punishment as provided in this Order." 8. The statute gives the authority to the appointing authority, in a proper case, to award higher punishment. This power is to 'be exercised by the authority on consideration of the materials collected by the Screen......……………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appoint......the Board. On this finding the Rule was discharged. 4. Syed Ishtiaq Ahmed, the learned Counsel appearing for the appellant, in support to the two contentions for consideration of which leave was granted, submitted that the High Court Division failed to appreciate that the question as whether in..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......fied area for the security of the Republic. Sub-section (7) prohibits of passage of foreign warship through territorial waters except with the previous permission of the Government. Sub-section (8) empowers the Government to take measures for prevention of unauthorised passage of foreign ships or wa...... Lee Mongkolnimite...............Respondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney...... 4. We have heard the learned arguments from the Attorney General and the Counsel of the respondents Mr. Asrarul Hossain. To appreciate the rival contentions the grounds on which the leave has been granted may be summarised: (i) Whether the respondents having alternative remedy by way of..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)

.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... the recounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practices. ..…………(13) Only the Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has be......ecounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practices. ..…………(13) Only the Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been lai......ting showed that the Respondent 2, Abdul Jalil, had a lead of 20 votes and accordingly it declared him elected as Chairman after setting aside the decision of the Election Tribunal. 7. Leave was granted on the ground that the High Court Division had acted illegally in recounting the ballot pape..

Category: Election Law | Date: | Hits: 136

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. ...... 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. ......espassers, because neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of tenant by sufferance………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha (1960) 12 DLR 37, Anwarali Bepari vs. Jamini Lal Ray Chowdhur......nd on his death it devolved on his sons, the Respondents and so the notice to quit on Suresh was insufficient. He made the rule absolute and set aside the decree of the trial Court. 4. Leave was granted to consider two questions, one of which has already been set out at the very beginning. Both..

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)

....i actually spends the income for the purpose of wakf-al-al aulad, he is not applying it for those purpose, and in this category of cases, 'apply' will mean actual expenditure. The expenditure being discretionary, if he does not spend the income for the purpose of wakf-al-al-aulad, he does not comm......ing to which the said acts would be performed in a separate document referred to in para above." Subsequently the Wakf executed a supplementary wakf deed on January 15, 1955, determining the powers of the Mutwalli on his death, for running the wakf estate, his remuneration and the amount ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......l Income Tax Act, 1944 came up for interpretation, a petition for special leave to appeal was filed in the Supreme Court of Pakistan but it was dismissed on the ground of limitation. So, leave was granted to consider the three questions set out above. 5. Learned and lengthy arguments have been..

Category: Trust/Waqf Law | Date: | Hits: 239

Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)

....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......nt Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the corporation cannot be allowed to raise that matter again in this writ petition…………….(2) Service of the respondent as ...... of 1979 (From the judgment and Order dated 17-8-78 passed by the High Court Division in Writ Petition No. 445 of 1976). Judgment: Kemaluddin Hossian, CJ.—In this appeal arising from the grant of leave, the appellant Bangladesh Chemical Industries Corporation and another have challenged..

Category: Employment/Service Law | Date: | Hits: 70

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