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Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....contract. It is not a mere contingent or possible right or interest, as contemplated in S. 60(1 )(m) of the Code, but a vested right exercise of which remains suspended un terms of the prior agreement are completed. After the discharge of his liabilities which incurred under the said......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....rtificate debtor had appeared in the certificate proceeding or has applied to the certificate officer under section 22 or section 23 to set aside the sale. 15. It is to be remembered that prior to the introduction of section 36 of the Act in 191-3, there was conflict of judicial decision......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....d before us, and is not considered in the judgment of the High Court. The trial Court's view, that as the mention is in a compromise filed in a suit, on the basis of which a decree was passed prior to 1930, when the law was amended so as to require registration if the compromise affected p......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
.... and in the case of Pandurung VS. State of Hyderabad S.C.A. 1955 page 228. In these two devisions it was held that the common intention within the meaning of section 34 of the Penal Code pre-supposes prior concert. It also requires a pre-arranged plan and care must be taken not to confuse same or si......n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ......n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... the Criminal Procedure Code. The Magistrate however proceeded with the trial and so the appellant moved the court of Sessions, Dacca for making a reference for quashing the proceedings for want of prior sanction of the Government for his prosecution. His further ground was that the offence ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....d that a pecuniary interest is also within the contemplation of the Section ; in that case the interest concerned was an interest in the property the appellant being a person who had affected a prior attachment on the property, I have not been referred to any case of this Court which supports ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....th building and machinery thereon. The facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. Industries Ltd. filed writ petition asserting that prior to the filing of writ petition, the Government by a Notification of October 11, 1972 took ove......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......ppellate Division. In the review petition it was seated, inter alia that after hearing of the writ petition, but before the delivery of judgment by the High Court Division on May 23, 1975, the Ministry of Works and Urban Development, Govt. of Bangladesh by forwarding a copy of a letter dated..Category: Property Law | Date: | Hits: 57
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....indu Code 1956 whereunder the widows have been given absolute right of inheritance in the properties of their husband. 36. The Dacca High Court also appears to have examined this question, prior the instant case, in two of its decisions. A Division Bench of that Court (Shahabuddin, C.J. ......nbsp; ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......dgment Kemaluddin Hossain J.- These three appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued by the Ministry of Finance (National Board of Revenue) amending rule 15 of the Rules framed under section 8..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....n the value of five years average preceding the date of service of notice under section 5(1a) which was on 4. 1. 63. According to the owners the sale figure of twenty-four months prior to the date of the notice under section 5 (la) of the Act should, have been taken into consid......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....later cases that in the absence of any clear intention to the contrary in the repealing statute the proceedings purported to be under P. O. 50 for offences alleged to have been committed prior to 9. 2. 1974 and lying with police for investigation would come within the ambit of P. O. 50......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....on of the Act under section 1 (2) of the Act and that in any view of the matter there could not be any retrospective operation of the notification so as to make the appellants liable for the taxes prior to the notification dated 16-2-64. The High Court of East Pakistan dismissed the said ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ter alia, that in case of poor performance, etc. the services of the Field Officers would be terminated. The Corporation terminated the services of the respondents by an order without giving them any prior notice. Respondents' contention was that the order of termination was bad as they were not giv......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Officer of the office of the Solicitor. When the matter was placed before the Deputy Solicitor on 20.6. 1976 he referred it to the Solicitor who by his order dated 32.6. 1976 sent the file to the Ministry of Home Affairs for their comments and necessary action. The Ministry of Home Affairs send..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. ..Category: Administrative Law | Date: | Hits: 132
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......r Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......A-835956 dated 8-1-86. There was also an inquiry in respect of the case holding pursuant to Memo No. Miscellaneous 59/85/3686/1 dated 18-6- 85 of the Assistant Commissioner, Settlement, Ministry of Works, Segunbagicha and it was reported that the respondent No. 2 has been possessing ..Category: Property Law | Date: | Hits: 57
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... got the present proceeding started under section 46 of the Bank Companies Act, 1991. The learned Advocate placing reliance in the case of Dr Nurul Islam vs. Bangladesh represented by the Secretary Ministry of Health and Population Control and others reported in 33 DLR (AD) 201 submits that the ..Category: Business or Commercial Law | Date: | Hits: 131
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ...... Latifur Rahman J Md. Abdul Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. ..Category: Administrative Law | Date: | Hits: 93
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......sp; Cases Referred to- Government of Bangladesh represented by the Secretary, Ministry of Works vs. Md Jalil and others, 48 DLR (AD) 10; Mostafa Kamal (Md) vs. First Court of Se..Category: Property Law | Date: | Hits: 69
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