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Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....ent petition the petitioners have stated that they were not served with any notice of the application under section 151 of the Code of Civil Procedure, nor did they receive any notice by registered post. That on the 3rd September, 1966 the petitioner No. 1 Mofazzal Molla came to know from ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. ...... Privy Council repelled the contention that the adopted provision along with the subsequent amendment therein would apply in the case of the adopting Act. 14. In the case of Eastern Federal Union Insurance Company vs. Commissioner of Income Tax 1966 Taxation, Vol. 14, Pak 211, a contentio......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... the eldest son was in sole charge of the property as a Karta' of the undivided Hindu family and that he purchased in that capacity the 1/5th share of his younger brother Chandra Kumar Basak for the members of the joint family and, as such, the plaintiff, defendant Nos. 22, 23 and Rajkumar, prede......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... through Musammat Mahedan and another 120 1C 171, does not apply to the instant case before me. Moreover, in the case of Ram Lai vs. Thakurdin and others 66 1C 678, it has been held that the other members of a Hindu joint family are not bound by the order passed in a 145 proceeding started by a ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....ntry was made and an UD (unnatural death) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur morgue for post mortem examination by a Medical Officer as well as for examination of the viscera by a chemica......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......the present occurrence Tofa Mohammad and his sons forcibly obtained divorce of Amina Khatun from Jahiruddin whereupon the latter filed a petition before PW 7 Abdul Mayed Choudhury, Chairman, local Union Council who got the case compromised, but despite the compromise Amina did not like to stay a......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... the north bhiti hut of Yasin Sheik. The body of the deceased was identified by PW 4 Fazila Khatun and others. He held inquest on the dead body and sent it to the Dacca Medical College Hospital for post mortem examination through Constable No. 3734, Anwarullah. He also prepared a sketch map of th......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. ......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
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......of the sale deed. 5. This petition is resisted by respondent No. 2 who claims in the affidavit-in-opposition that the document in question was accepted on 15.7.65 but as the executant was a member of a minority, as such, the document was not ultimately registered and registration was refu......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......etitioner company was formed by the citizens of this country in exercise of their fundamental right of freedom of association which includes the right to continue the association with its existing members. There is no nexus between the restriction imposed by section 25(3) and morality or public ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respondents Judgment Ju..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ...... of the plaintiffs is indivisible that a suit abates as a whole not being sustainable with respect to the rest of the plaintiffs……….(12) Cases Referred to- Union of India vs. Ram Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and other......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ellip;………….. Respondent Judgment March 4, 1999. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential w......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....d by the proper authority in accordance with law and the same has also been found intact under proper seal and cover so that no reasonable suspicion can be raised by the interested candidate of any post election tampering with ballot papers or other relevant election materials. 10. The ......des as follows: “40. Papers to be enclosed in packets. - (1) The Presiding Officer shall enclose and seal into separate packets the following papers connected with election of member for general seat, member for reserved seat and chairman- (a) The valid bal......dated 25-4-95 passed by the Senior Assistant Judge and Election Tribunal in Election Petition No. 3 of 1993 declaring the appellant on recounting of votes as the elected chairman of No. 9 Mullapur Union Parishad Under Biani Bazar Police Station, Sylhet in place of respondent No.1 Md Mustakim Ali......25-4-95 passed by the Senior Assistant Judge and Election Tribunal in Election Petition No. 3 of 1993 declaring the appellant on recounting of votes as the elected chairman of No. 9 Mullapur Union Parishad Under Biani Bazar Police Station, Sylhet in place of respondent No.1 Md Mustakim Ali who w..Category: Election Law | Date: | Hits: 101
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....se before the Labour Court at Chittagong under section 34 of the Industrial Relations Ordinance 1969. 3. Respondent No. 1 in his written statement before the Labour Court stated that the post of gate keeper (lady) was abolished from the cinema hail as the management abolished the separ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
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. ......rect. In order to maintain a petition as public interest litigation the petitioner must satisfy the court that he has sufficient interest and contribution in the field in espousing the cause of the members of the public. …………………(3) Cas......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. ...... the respondents from collecting tolls. The said Rule is pending for disposal. The petitioner further stated that neither the State Acquisition and Tenancy Act 1951 nor the Local Government (Zilla Parishad) Act 1988 provides for giving ijara of a nowka ghat and, as such, the impugned order has b..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....dated 18-3-96 (Annexure “I” containing promotion criteria of officers of BSRS and the office order No. 29-96 dated 1-6-96 (Annexure “K”) promoting respondent Nos. 3-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list. ...... 1995 and the amended marking system was circulated under the impugned administrative circular for the information of the employees and officers of the BSRS. The promotion committee consisting of 4 members of the Board of Directors interviewed the candidates including the petitioner and allowed ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....tation of Article 116 of the Constitution given by the High Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with t...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... the deity of Sree Dasha Bhuja Mata, commonly known as Sree Sree Dhakeswari Mata, had been installed from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sue......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
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. ......as first appointed Nikah Registrar under section 5(2) of the Muslim Family Laws Ordinance, 1961, briefly, Ordinance, 1961, on 3rd May 1971 for the Cantonment Area and all the wards of Juarshahara Union. At that time, the present Gulshan Area was within Juarshahara Union Parishad. Thereafter on ......Laws Ordinance, 1961, briefly, Ordinance, 1961, on 3rd May 1971 for the Cantonment Area and all the wards of Juarshahara Union. At that time, the present Gulshan Area was within Juarshahara Union Parishad. Thereafter on 25th May, 1972, the petitioner was appointed Nikah Registrar for whole of ..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Property Act, 1882 was sent to them by registered post but the same was refused by the defendant- appellants, Further case of the plaintiff was that K......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....vision’s Memo No. Ed (M-1) 12/72/-5 dated 28-3-1972 stating the Government decision to absorb all employees appointed afresh at Mujibnagar in corresponding ministries in the same or analogous posts in the main secretariat or in the attached or subordinate offices or in autonomous organisat......nt Division prepared a list of ex-Mujibnagar employees in 1985, numbering 1632. A number of them were in fact appointed from this list of 1632 persons, a fact not denied. 2. A seven-member committee was formed by a gazette notification dated 23-9-1993 to examine and report as to ......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. ..Category: Employment/Service Law | Date: | Hits: 81
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