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

.... 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......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.......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...

Category: Property Law | Date: | Hits: 58

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

....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......er, 1999. The authority by obeying the directions give by the Administrative Tribunal, Dhaka reinstated the respondent in service, accepted his joining report, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules......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. ..

Category: Administrative Law | Date: | Hits: 124

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

....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......ffer with the said decision. 23. We have perused the judgment of the High Court Division and are of the view that 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 dismiss......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. ..

Category: Banking Law | Date: | Hits: 121

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

....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: ......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)

....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...... vs. Md. Asgar Mohammad Yunus & Co. P.L.D, 1968 Karachi 805 where it was observed: "that the Income-tax Officer has expressly refused registration and has done so specifically in exercise of his discretion under section 23 (4)". It was further ob......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. ..

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

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

....;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......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. ......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. ..

Category: Property Law | Date: | Hits: 93

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

....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�......ent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of proving that the lady got independent advice before the transaction, and they failed to call any evidence to discharge this onus of proof. On fact, the trial Court held that the grandsons ......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. ..

Category: Property Law | Date: | Hits: 53

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

....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......ferred to the Court of Mr. K. Hossain, Magistrate, 1st class for disposal. Section 528(2) Cr.P.C. provides that the District Magistrate or Sub-Divisional Magistrate may withdraw any case from or re-call any case which he has made over to any Magistrate subordinate to him and may enquire into or ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..

Category: Criminal Law | Date: | Hits: 60

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

.... 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......he different rules of interpretation to construe the work "transfer as transfer by mortgage. It was further contended that the learned Judges of the High Court Division were wrong in applying the so-called mischief rule as enunciated in Heydorn's case to hold that the words out and out sale with a......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 ..

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......quisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-pa......ex parte order passed in an application under section 96 of the East Bengal State Acquisition and Tenancy Act is not appealable. The question involved and the decision proposed to be given does not call for any detailed recounting of facts, except that the appellants being pre-emptees is Miscell......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..

Category: Property Law | Date: | Hits: 55

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

....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...... ......njunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a contract the performance of which would not be specifically enforced………….(8) By submitting a tender the tenderer is not invested with any leg...... 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 ..

Category: Others | Date: | Hits: 94

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

....), 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......y indicates that the trial provisions of the Civil Procedure Code are available to a Court of Small Causes except to the extent the Small Cause Courts Act or Code of Civil Procedure excludes specifically the provisions of the Code from its application to a proceeding before a Court of Small Causes......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)

.... "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......Article 3 are in the following terms: "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 subm......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 ..

Category: Criminal Law | Date: | Hits: 57

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)

.... 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......ected against the judgment and order of the High Court Division dated March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the Pre......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 ..

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

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

....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......s of Bangladesh. Their view is that they were captured outside the territorial waters but inside the economic zone, a view which has been seriously challenged by the learned Attorney-General and it calls for a close scrutiny. We propose to deal with the question as it stands. The places from where......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 ..

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

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 ......come Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(......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 ......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 its maintenance! is to be paid to the mutwalli as his remuneration an..

Category: Fiscal/Taxation Law | Date: | Hits: 85

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

.... 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...... may not a sole issue before any Election Tribunal unless sufficient foundation for such exercise is laid by evidence. In the present case no allegation was made before the Returning Officer specifically regarding the error in counting but this was raised before the Tribunal along with the allegat...... 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 ..

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. ......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......nt. 5. Considering the importance of the questions, after hearing the learned Counsel, Mr. Khandker Mahbuddin Ahmed for the Appellants, and Mr. Salam for the Respondents, we thought it proper to call Mr. S.R. Pal as amicus curiae to assist the Court. We have had the opportunity of hearing the l...... 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. ..

Category: Tenancy Law | Date: | Hits: 67

Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)

....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 .......Appellant Vs. Chairman Khulna Labour Court and another………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from the petitioner's company, which has also accepted suc......3 days. As he did not obtain any relief from the petitioner, Respondent No. 2 filed an application to the Respondent No. 1 under section 34 of the Industrial Relations Ordinance, 1969 (which I will call the Ordinance), praying for a direction upon the petitioner to pay him wages for 634 days' comp......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..

Category: Employment/Service Law | Date: | Hits: 68

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....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 ......, the Appellate Tribunal took the view that the agricultural income derived from the Wakf is wholly exempted from tax under section 4(b) of the Bengal Agricultural Income Tax Act, 1944 (hereinafter called the Act), and allowed all the appeals. The appellant, Director of Taxation, East Pakistan t......gious and charitable purpose (such purpose are detailed in the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further provided that ..

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

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