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Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....d others Vs. Emperor came up for consideration again and in this case SA Rahman J. with whom Fazle Akbar, and Cornelius, CJ, concurred, expressed the view that the subject of bail to accused persons, prior to conviction, forms the subject of Chapter XXXIX and is partly covered by section 435, wherea......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ntion of the Legislature, in passing the Transfer of Property Act, 1882, to alter directly or indirectly the Mohammedan Law of pre-emption as it existed and was understood for centuries prior to the passing of the Act. According to this view when the vendor and the vendee intende...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....uary, 1973. On making enquiries the appellants came to know about the transfer in February, 1973. As the schedule properties are non-agricultural homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid petition for pre-emption of 'B' sc....... 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. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....nguage of Article 8(2) rules out any implied exercise of power. Moreover, placement of abandoned concerns under article 5 for management does not do away with the corporate existence of the concern prior to P.O. 16 had such existence, as is clear from article 8 (1). Reference in this connec......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ndant No.3, a member of the Society, who got the land in allotment from the Society. It is not disputed that the land under allotment to proforma-defendant No. 3 was sold to the plaintiffs without prior permission from the Society, it is also not disputed that the plaintiffs are not members......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. ..Category: Property Law | Date: | Hits: 60
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....he full pay to which he would have been entitled if be had not been dismissed, removed or suspended, and by an order to be separately recorded, any allowances of which he was in receipt of prior to dismissal, removal or suspension, or (b) if otherwise such proportion of such pay and all......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....m the Government service and had also issued directive that no doctor below the age of 58, whether in Government service or not who wishes to go abroad, should go out of the country without obtaining prior clearance from the Ministry of Health and Population Control, the authority concerned compulso......Government service and had also issued directive that no doctor below the age of 58, whether in Government service or not who wishes to go abroad, should go out of the country without obtaining prior clearance from the Ministry of Health and Population Control, the authority concerned compulsorily r......Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... of your contract/ letter of appointment. You may collect your final settlement dues including 90 days' pay in lieu of notice from the Accounts Department, which will pay the same on receipt of clearance certificate from all concerned". The appellant challenged the order of termination ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... any lawful authority. Ed. ......he appellant was directed by an order dated 16-9-78 to discontinue the famines of Licensed Measurers Department work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessful..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......l submitted that existence of this expression sufficiently indicates the scope of the power of the reviewing authority. He submitted that in the instance case as per information received from the Ministry of Law there was no proper review as contemplated under the Regulation which is indicated..Category: Constitutional Law | Date: | Hits: 292
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. ......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. ......d July 21,1976 issued by Respondent, Special Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-off..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... any other law for the time being in force no transfer of any immovable property belonging to a member of a minority community shall be deemed to be valid and legal unless it has been made with prior permission of the Deputy Commissioner of the District concerned in connection with...... not show that it really gave any permission as contemplated in the Ordinance, because it merely indicated that the Government had no objection to the registration of the sale-deed. This clearance to the registration of sale-deed could not be treated as the prior permission as contempl......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
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. ......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. ......p; Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of the Resolution of the Ministry of Finance dated 18-8-58, confers a right which can be enforced by a writ petition. ..Category: Criminal Law | Date: | Hits: 171
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
.... the assessee's turnover at Rs. 14, 60,935/-and assessed tax thereon at Rs. 72,622/-. Facts in short are that the assessee imported certain raw materials such as tallow, cocoanut oil, caustic soda prior to 1-7 66, that is before the assessee became licensed manufacturer, and paid sale-tax on the......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....whereupon an appeal was preferred to the Supreme Court and when the appeal was pending the Bangalore Acquisition of Land Validation Act, 1963 was made validating retrospectively all acquisitions made prior to 1962 as if these acquisition were made under the new Act. The Supreme Court held the Valida...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......al No. 73 of 1981, appellant Mofizur Rahman Khan was acting as Deputy Director, Civil Aviation, Government of Bangladesh at the relevant time. By an order dated 16 June, 1978 the Government, in the Ministry of Civil Aviation, retired him from service on completion of 25 years of service under sect..Category: Constitutional Law | Date: | Hits: 188
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. ......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. ...... Present: Kemaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants ..Category: Employment/Service Law | Date: | Hits: 92
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. ......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. ......Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………&..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....on 31.5.1965 whereas the permission for construction to the plaintiff is dated 21.6.1965. The appellate Court below noticed that the permission of the defendant for construction of the shed is prior to that of Jainab Bibi. Oral evidence was considered and the conclusion was that there was n...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
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