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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.......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.......and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, s......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...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ................iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ppellant. 37. Appellant S.M. Khalilur Rahman in Civil Appeal No. 40 of 1979 was also an officiating Sub-Inspector of Police posted at Baidyer Bazar Police Station in the district of Dacca. He was compulsorily retired from service by the order dated February 6, 1978 in the facts and circumstances...... 37. Appellant S.M. Khalilur Rahman in Civil Appeal No. 40 of 1979 was also an officiating Sub-Inspector of Police posted at Baidyer Bazar Police Station in the district of Dacca. He was compulsorily retired from service by the order dated February 6, 1978 in the facts and circumstances similar to t....... 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 Court or tribunal established under law relating to the disciplin......e service of the Republic shall hold office during the pleasure of the President. Article 135 says, no person who holds any civil post in the service of the Republic, shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appointed, and that no such pe..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....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: ...... jurisdiction to deal with the applicant and the High Court would not interfere. 19. Some cases of American jurisdiction may be cited in Ex Rel. French vs. Weeks 259 US 326, an army officer was retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial C......eptember 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 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary ......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)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... 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. Owners of Henrich Bjorn, 1886, Appeal Case Vol. 11 p. 2......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... the Operating Director of the Company. 5. In June, 1962 Alauddin Ahmed transferred his shares in equal proportion to respondent No.1 and Zahiruddin Ahmed and thereafter completely retired from the Company and Company's business and since then Rahimuddin Ahmed had been......hers………………………….Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. Karnal Distillery Company, 17 D.L.R. ......ry meeting. (iii) if the company does not commence its business within a year from its incorporation or suspend its business for a whole year. (iv) if the number of members is reduced in the case of a private company below two or in the ease of any other company below ..Category: Business or Commercial Law | Date: | Hits: 110
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......stern Ltd. …………………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocat......of the holding at Tk. 54,822/-. Prior to this assessment order the valuation of the holding was Tk. 16,225/-. On appeal preferred by Burmah Shell the Assistant Commissioner of Agricultural Income Tax reduced the valuation of the holding from Tk. 54,822/ to Tk. 31.920/-. 3. Since the taking ov..Category: Fiscal/Taxation Law | Date: | Hits: 76
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......lice, Bangladesh Railway and other…………………….Respondents Judgment April 5, 1977. Lawyers Involved: T. H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—Fo......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......gladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowa......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......lief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is pai......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....service of Pakistan may, if he is found inefficient or guilty of subversive activities, corruption or misconduct, under rules made in that behalf by the President or a Governor, be suspended, compulsorily retired (whether he has reached the age of retirement or not), reduced in rank, rem......kistan may, if he is found inefficient or guilty of subversive activities, corruption or misconduct, under rules made in that behalf by the President or a Governor, be suspended, compulsorily retired (whether he has reached the age of retirement or not), reduced in rank, removed or dismi......nt Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of J......activities, corruption or misconduct, under rules made in that behalf by the President or a Governor, be suspended, compulsorily retired (whether he has reached the age of retirement or not), reduced in rank, removed or dismissed in accordance with those rules by an authority not subordina..Category: Administrative Law | Date: | Hits: 106
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
.... of general application. 4. The second proviso to section 10(2) (vii) reads thus: "Provided further that where the amount for which such building machinery or plant is sold, transferred or compulsorily acquired, whether during the continuance of the business or after the cessation ther......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......etween a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited company, the partners only adopted a different method of carrying on the sa......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Trib...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. Madhumita Cinema Ltd., Comilla and ors……..……Respondents Judgment &n...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... in the service of Biman and lastly, promoted to the post of Chief Purser on 10-10-1993. Though he served Biman creditably getting appreciation for his service while he was on privileged leave he was compulsorily retired by order dated 24-11-1997 on completion of twenty-five years of service. He pre......e facts of the cases have been fully set out in the judgment of my learned brother. It is needless to repeat the same. 4. The cardinal question in these appeals is whether the respondents could be retired by the Bangladesh Biman Corporation from their services on completion of 25 years of service......rt Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh Biman Corporation & others …………Appellant Vs. Md. Yousuf Haroon & others ………….......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......nbsp; March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere……...... of Taka 5,48,70,800 and in default of payment of fine to suffer simple imprisonment for two years more. The matter ultimately came up before this Division wherein the sentence of imprisonment was reduced to imprisonment already undergone but the imprisonment of fine was maintained. Thereafter t..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......gment June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub-...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... Judgment August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal wa...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: &nbs...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rs…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 73 Section 73 of the Evidence Act permits the Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as hazardous or dangerous…................rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
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