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Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....ch could give him the amount to purchase property amounting to 125 bighas. Moreover, the documents Exhibits AI, AI (2), AI (6), AI (9) and AI (10) show that these relevant properties were purchased prior to 1322 BS when Jamiruddin was alive. Furthermore, the defendant No. 1 admitted as long as hi......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....ticle 142 of the Limitation Act. Under this article it is the duty of the plaintiff first to prove to the satisfaction of the Court that he was in possession of the suit 'premises within 12 years prior to the filing of the suit and if he fails to do so he cannot get decree for declaration of......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....formance. The suit was decreed by the Court and the lease was renewed in his favour and the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....assessed as an individual, the Revenue Officers beginning from the Agricultural Income-tax Officer upto the Appellate Tribunal maintained that this deed of partition was not relevant for the period prior to the year of execution of the document. The Tribunal observed: "There is......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....avit-in-opposition it has been stated that any notice was given to the petitioner before such a report was made by the Deputy Commissioner. The Assistant Advocate General also does not claim of any prior notice in respect of this report. On receipt of the letter of the Controlling Authority, the ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
.... the deceased and the accused in the night previous to the occurrence. He however, stated in his cross-examination that he did not hear any quarrel between the accused and the deceased in the night prior to the occurrence. PW 2 Mohammad Ali stated that the quarrel in the night prior to the occurr......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
.... did not take into account the fact that the injury sustained by the appellant inflicted a permanent total disablement on the appellant in regard to all kinds of work that he was capable to perform prior to the accident. He further argued that the facts and circumstances proved in the case clear......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....e are not applicable to the case of assessment or reassessment of escaped profits under the Business Profits Tax Act. 9. In order to appreciate this contention it is necessary to state that prior to the introduction of section 19 of the Business Profits Tax Act section 14 of the Act pres......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....d to Sree Sree Lakshmi Narayan Jiu Thakur. It has further been stated by the petitioner that the two of the Boses who are Shebaits of the deity live permanently in Pakistan and having gone to India prior to the conflict could not come back for want of traveling facilities and in 1967 during thei......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....W 1 Rahimuddin Sarkar, there is the evidence of DW 2 Meher Ali Khan. DW 2 Meher Ali who came to prove the defence story of alibi has admitted in his very examination-in-chief that there was a talk prior to the occurrence that Yasin Sheikh would give some property to his second wife Maleka. It ha......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....avit-in-opposition may be cited below: "6. Approve all time-tables and issue all route permits under his seal and signature on behalf of the Authority after observance of all formalities with the prior concurrence of the Director of Ports and Traffic". From the time-table annexed to the peti...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......n 2 1-4-88 for joint survey of the land including the land of the writ-petitioners, namely, plot No. 202 and again on 22-5-88 further notice was issued for joint survey. They came to know from the Ministry that in the joint survey report their possession in respect of the portion of Plot No. 202..Category: Property Law | Date: | Hits: 64
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......r Rahman J Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents..Category: Constitutional Law | Date: | Hits: 126
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......l) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman..Category: Employment/Service Law | Date: | Hits: 72
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......such the question of effecting vested right of the petitioner does not arise……………(13) Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………&helli..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......ndu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……………... Respondent Judgment ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....laim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service prior to dismissal…………………………(3......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......p;………………………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents ..Category: Administrative Law | Date: | Hits: 144
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Communications, Rail way Division and others……………&he..Category: Employment/Service Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......imalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and others .............Respondents Judgment ..Category: Property Law | Date: | Hits: 69
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