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....ng of the Martial Law Regulations and the Income Tax authorities had, therefore no jurisÂdiction to assess him as they did. They declared the assessment order as without lawÂful authority and of no legal effect.
Leave was granted to consider the quesÂtion set out above.
5. To turn to the ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... order dated 27.11.1983. passed in 24 S.A.P.K. of 1980/81 and subsequent passing of the order dated 29.12.1993 passed by the defendant No.1 in respect of the plaintiffs' permanent settlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpos...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....otification so far as it restricts the candidature by excluding the petitioner is unauthorized in law and is liable to be declared to have been made and passed without lawful authority and is of no legal effect. 4. It appears that the petitioner ceased to be a candidate as a defaulter in a......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... Judgment March 29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... of res-judicata in view of the ex parte decree in the Title Suit No.860 of 1981 appears to be not well conceived one in that so long the ex parte decree is not set aside the same being remaining the legal one the subsequent suit between the same parties, in respect of the matter which was the subje...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ey-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circumstances of the case and rightly decided the case and there is no illegality or legal infirmity for interference by this Division. 6. We have heard the learned ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it would be legal and proper to remand the suit to the trial Court and thereupon, upon allowing the appeal, sen...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....he reserved seats will be filled in by the existing Members of the Parliament by a single transferable vote. Hence the Act is ultra vires and it has been passed without any lawful authority and of no legal effect. All the petitioners have the requisite positive constitutional and legal qualification......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... no notice as required under section 89 of the State Acquisition and Tenancy Act was served and that the preemptor coming to know of the transfer filed the case on 30-11-1971 and that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case statin...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....ince plaintiff in spite of taking out summons for examining the scribe in support of his case having had not offered any explanation for non-examination of the scribe of the deed a presumption can legally be drawn that the scribe was not examined since he would not have supported the case of the......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... claim for continuity of the existing voter list. The submission so made, in my view, lacks substance since an act done in violation of the law or in disregard of the Rule would not be clothed with legality only because, of lapse of time or for not taking exception to the act so done in disregard......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....s not concluded within 180 working days and, as such, the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was illegal. 4. The High Court Division rejected the said contention of&nb...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... and building" as item No.l but the property at Paribagh has not been included therein. Such omission is contrary to the contract for sale entered into by the parties and the petitioner is not legally bound by such malafide and illegal omission at the instance of the seller. The property at ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....xtensively cited Indian examples such as Allahabad which has a Bench at Ranchi; Bombay High Court which has a Bench at Nagpur. 29. The learned Attorney-General submitted that by the amendment no illegality had been comÂmitted far less of destroying the basic structure of the Constitution. He als......irement of areas where the Sessions of the High Court Division could be held. It was not confined with the particular District or area but under the amended article six districts had acquired special status over other districts. It has thus created regionalism which is contrary to the spirit of nati..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....considered as a whole the prosecution story may be true; but between 'may be true' and 'must be true' there is ineÂvitably a long distance to travel and the whole of this distance must be covered by legal reliable and unimpeachable evidence". 27. To recapitulate:—Neighbouring people came immed...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....e incident took place. As against this evidence, the defence suggesÂtion is that the incident took place no doubt but it took place in Plot No. 3833/4166. If this suggestion is established, then the legal consequence would be different, that is, the appellants would be entitled to exercise their ri......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
.... to the hardÂship of the plaintiff who had a registered kabuliyat of 1947 in his favour which the trial court found to be valid and genuine. This may be so but the court canÂnot help because of the legal provisions made in reÂspect of diluviated lands. It is, however, upto the Government to consi......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....16 of-the T.P. Act reads thus: "116.If a lessee or under-lessee of property remains in possession thereof after the determiÂnation of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise asÂsents to his ...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... erred in law in upholding the decree that was passed by the AppelÂlate Court below on the ground that the Emergency having been lifted on 16.2.69 the proceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. …â......ction 4(3) reveals that the Legislature has intended to attribute a right to the Chairmen of the Union Parishads to be the representative members of the Upazila Parishad because of their position and status." The learned Judge further mentioned that concept of "Acting Chairman" has been brought into..Category: Election Law | Date: | Hits: 128
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