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Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... the functions of the District Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior ......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256..............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......p today. Seen the report of O/C. I am satisfied that there is apprehension of breach of peace. D/O u/s 145 Cr.P.C. restraining both the parties from entering into the D/L. Land is attached. Upazila Revenue Officer appointed Receiver. Parties to submit W/S. to date." Opposite party No. 13 Ab......so Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......r fact in which the question of jurisdiction is not involved vide Valakrishna Udayar vs. Vasudeva Aiyar, 22 C.W.N. 50 (PC). The Privy Council further pointed out in the case of Venkatagari Vs. H.R.E, Board, Madras AIR 1949 (PC) 156 that mere fact that the decision of the Courts below is erroneous in......3 (PLD I956 SC) (India) p. 13; Northumberland All E.R, 152 1 KB 338; Province of East Pakistan vs. Hajee Md. Zaman, PLD 1960 Karachi 1908; Kali Charan Das and others vs. Tamiruddin 10 DLR 523; Inland Revenue Commissioner vs. Muller, 1901 AC. 217; Rakhal Das Addy Vs. Durga Dasi, 17 Cat. 458; Bungsho ......DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......ses are found to be independent and disinterested persons having no grudge or enmity with the defendant whatsoever. Of them P.W. 4, aged about 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's hous...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......about the tale on 24th June 1953 and moved an appeal before the Commissioner, Chittagong which was dismissed on 18th November 1953 on the ground of limitation. His revisional application before the Board of Revenue was also dismissed on 7th December 1954 Plaintiff was therefore, obliged to file th......ed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......matullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connection the appellant filed an order of the Board of Revenue setting aside the sale at his instance. That order is Ext. 5 dated 30 January. 1960......was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connection the appellant filed an order of the Board of Revenue setting aside the sale at his instance. That order is Ext. 5 dated 30 January. 1960. P. W. 3......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
.... Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41; Gould Vs. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The Ge......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ondent Company, they can be different further, the compromise decree was passed on the basis of a compromise petition which was signed by both the parties. No less a person than the Chairman of the Board of Directors of the respondent Company having signed the petition and having sworn an affida......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......rity decision of the Tribunal was that a fresh notice ought to have been served upon the assessee before imposing additional taxes under section 18A of the Income Tax Act. In this background, the Revenue filed this application under section 66(1) of the Act and framed the question as mentioned......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......ection 195 (1) (c) of the Code requiring a complaint from Court for the purpose of taking cognizance of the offence found committed by the appellants. 2. Appellant, Muslim Khan, a Mukhtear-cum-Revenue Agent and appellant Sanaullah Akhan, a member of the pubic, along with one Syed Ahmed Patwar......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio..Category: Criminal Law | Date: | Hits: 69
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......ioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 shares have been allotted to other share-holders wit...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti..Category: Company Law | Date: | Hits: 195
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......part of a section. If there be any doubt, of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of applica......sent: A.M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others...Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......56 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in a meeting held on 21-10-70, resolved that it would mutat......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... M. Sayem J A.B. Mahmud Hussain J Ahsanuddin Chowdhury J Jabed Ali Sarker………………… Appellant Vs Dr. Sultan Ahmed and another…………………..Respondent Judgment ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ...... already employed on 16-12-71 from which dale the aforesaid President's Order came into force. 6. By virtue of power conferred under section 54 of the State Bank of Pakistan Act, 1956, the central Board of the said Bank Regulations to define the conditions of the staff of the Bank (vide Regulatio......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......pter III of the Town Improvement Act which deals with an improvement scheme as defined in clause (f) of section 2 of that Act. According to clause (e)(i) of section 38 of the Town Improvement Act the Board of D.I.T. may pass a resolution to provide for, among others, "housing accommodation" and may ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......der as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......ill be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ...... no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh..Category: Criminal Law | Date: | Hits: 85
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ion of tenancy which are contained in section 117 of the State Acquisition and Tenancy Act are as follows: 117. (1) Notwithstanding anything contained elsewhere in this part, the Revenue- Officer may,— a) for the purpose of amalgamation of tenancies under secti......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ion of Jamuna Oil Company Limited for the purpose of its management. 3. The relevant facts which led to the formation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried on busines......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......he manner as provided in section 87 of the Act. Section 133 of the Act completely ousts the jurisdiction of the civil court. It also provides that save as provided in this Act no Civil or Revenue Court shall have any jurisdiction in respect of any dispute required under section 86 to be...... (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others&hell..Category: Property Law | Date: | Hits: 60
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