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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. ......ring on July 12, 1979 Assistant Attorney General appeared to oppose the Rule on behalf on of the Government. The Rule was made absolute and the declaration as prayed for was made, on July 27, 1979 an application was filed before the same Bench by the Respondent, Dacca improvement Trust praying for r..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....fendants on the very next day after the decree of the first court was modified by the appellate court and nothing has happened since to suspend or stay or, to be more precise, to review or give a fresh start to the exercise of rights." 22. This view of the High Court however did not find fav......e High Court Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....y appeared in their village and gave out to the villagers that he was a representative from the office of the Deputy High Commissioner of India in Dacca and told them that there was apprehension of fresh riot and so saying induced the plaintiffs and other villagers to migrate to India, where they......ying to the plaintiffs. They immediately filed petitions before the Deputy Commissioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permission for sale of immovable property and if any such application had been..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......concerned on 26th March, 1964. The decree-holder-respondents instituted an Execution case which was dismissed for default on 26th June, 1965. The decree-holder-respondents thereafter filed an application before the Munsif who passed the decree for amendment of the decree under section 151 o..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......recting the appellants to execute "bond for good behaviour," but without complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an application before the Sub-Divisional Magistrate, Chittagong for drawing up a proceeding under..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh 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. ......d an amount of Tk. 41,000/- but he was not satisfied. According to him, the said amount is insufficient in comparison to the actual value of the seized gold and silver. So, the respondent filed an application before Customs authority for determining the actual value of the gold and silver or its..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient 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. ......ships are concerned for the additional depreciation. Accordingly, the tribunal sent the case back to the Income Tax Officer for revising the assessment order. Thereafter, the Revenue filed the application under section 66(1) of the Income Tax Act before the High Court Division referrin..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. ...... 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 a..Category: Fiscal/Taxation Law | Date: | Hits: 95
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. ......gned order of removal is bad in law, because, Article 6 of President's Order 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 whe..Category: Employment/Service Law | Date: | Hits: 92
.... সংগে তুলনা করা যাইতে পারে না।”
3. With these remarks the Deputy Commissioner of Taxes rejected the trading accounts of the assessee and made a fresh estimate in exercise of his power under section 13 of the Income-tax Act? for finding the true......t Leave was granted to examine whether the High Court Division was correct in answering the question raised by the assessee, although it is a pure question of fact. The assessee respondent filed an application under sub-section (1) of section 66 of the Income-tax Act raising the following question..
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. ......penalties—and there are as many as four types of minor penalties, and four types of major penalties, the question of imposition of punishment becomes relevant for consideration as to the application of mind of the authority concerned. The authority concerned must assign some reaso..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....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. ......e provision for payment of the demand in respect of the income tax and super tax assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .c..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....uction of the damaged frontal portion of the building. A notice under section 106 of the Transfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service ......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
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......i in favour of her son Mahtabuddin. The fact that in the meantime Mahtabuddin has transferred the entire property to respondent No. 1 Alijan alias Alijan Bepari does not make any difference in the application of the rule of law as enunciated by the different authorities. The view taken by this ..Category: Property Law | Date: | Hits: 57
....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:
......ion 33 of the Ordinance is both clear and unambiguous.
15. Decisions which were cited to show that the Civil Court had no jurisdiction to entertain such suit or proceeding have, there-fore, no application in the present case as the impugned order could not be shown to have been not in accorda..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ...... mortgage was reduced to seven years. However, right of redemption subsists for sixty years. With amendment of the provision by P.O. 86 of 1972, the mortgager acquired the right of redemption with an application before a magistrate in the form of complete usufructuary mortgage with maximum period of..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ion on the ground of pre-maturity and so there was no occasion for him to consider the case on merit. He further argued that the learned Judge of the High Court Division while allowing the revisional application and restoring the order of the trial Court made no observation or finding as to the meri..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....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. ...... Patent being Appeal No. 4 of 1979 which was preferred by the appellant against the Judgment of the Judge, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund o..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....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. ......r in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex pa..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... 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. ......gal dismissal, discharge, removal, reduction in rank or compulsory retirement from service. 43. Sub-article (1) of Article 102 of the Constitution provides that the High Court Division on the application of any persons aggrieved, may give such directions or orders to 'any persons or authorit..Category: Constitutional Law | Date: | Hits: 188
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