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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. ......der on 16-2-66 directing that the triangular plot in the sketch map, marked 'A' which covered plot Nos. 694 and 734 and parts of plot Nos. 732, 733 and 737, be derequisitioned. Thereafter some of the interested persons filed petitions before the requisitioning authority for derequisition of their la..Category: Property Law | Date: | Hits: 48
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. ......interim order is prayed for and such interim order is likely to have adverse effect on the implementation of any socialist program or any development work or may otherwise be harmful to the public interest, the High Court Division shall not make an interim order without hearing the Attorney-Gene..Category: Criminal Law | Date: | Hits: 85
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ha to them by three registered sale deeds the latest one being executed on November 11, 1949 and that they were possessing the land till the whole-sale State acquisition of all rent-receiving interests on April 14, 1956 whereupon they being tenants in actual possession became tenants direct..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......sed the decision of the trial court and dismissed the suit holding that the plaintiffs having been out of possession of the suit land since the death of their father and they having no community of interests with defendant No. 2 who was in possession of the land the suit for partition was not mai..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......hat "even if the complaint to the Magistrate was defamatory still the complaint was entitled to protection from suit, and this protection was the absolute privilege accorded in the public interest to those who make statements to the Courts in the course of, and in relation to, jud..Category: Criminal Law | Date: | Hits: 77
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. ......us, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-6 by a sale deed dated October 30, 1972 and delivered posse..Category: Property Law | Date: | Hits: 47
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. ...... is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the properties, rights, interests and assets of Pakistan National Oil Limited by the said Jamuna Oil Company, an Ordinance,..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. ...... plain, tiffs from the suit land. In the plaint the plaintiffs prayed for the following reliefs: (i) For a decree against the defendants declaring the plaintiff's sole right, title and interest in the suit property; (ii) For a decree against the defendants entitling and declar..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......tition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jamindari sheresta is a question of ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......al filed in this Court will be infructuous" and accordingly passed the order of temporary injunction taking the view that it would not affect prejudicially or interfere in any way, any public interest. 6. The learned Single Judge has taken an erroneous view of the law. Injunctions ar..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......jjadanashin, a Khadem of the Khanka Darbarsharif would continue the suit. The learned counsel contended that this being a religious institution, the suit could be proceeded with by any person interested in the said religious institution and the Khadem, the respondent, is such a person, so h..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......red stamped-paper is supplied. But there is no law under which the decree-holder is bound to supply the stamped paper within a particular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for getting the decree drawn up and signed but he is not under a..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ...... Therefore, the contention that the assessment had not achieved finality is bereft of any substance. Again, reference to Income-tax Act, shows that section 29 says: "When any [Tax, penalty or interest] is due in consequence of any order passed under or in pursuance of this Act, the Income fa..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......on relying upon the decision of his Division in Motilal Sikder vs. Binodini Dasi 28 D.L.R (AD) 5 held that the “left-out co-sharers" were not necessary parties as they got no subsisting interests in the land transferred and as such the defect of parties was not fatal to the proceeding..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....rmined only in a separate suit. He has further submitted that a third party, such as the respondent lessees, being not bound by a decision in the probate proceedings, are at liberty to question the testator's title in a separate suit if permitted by law. 5. It appears that though the responden......erty…………..(6) A person who claims outside or independently of the Will or claims adversely to the testator and disputes his right to deal with the property cannot be deemed to claim any interest in the estate of the deceased. Since the petitioners does not claim interest through the te..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......e specified in the Constitution of the People's Republic of Bangladesh. (3) Notwithstanding anything contained in this section, the President may, if he is of opinion that it is in the public interest so to do, employ a public servant on contract after his retirement. 6. Public servant..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: ......lationship between the corporation and an enterprise placed under its control. The vesting is provided under section 4 which reads as follows: "4. (1) All such shares and other proprietary interests in each of the scheduled industrial enterprise, and all such industrial enterprise placed..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......is appeal by special leave is from the judgment and order of the High Court Division passed in Writ petition No. 1003 of 1978. 2. The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under section 26 of the Companies Act read..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... additional ground. It was contended that one Mozaffar Ali Khan who happened to be the co-purchaser with one Ledu Khan in the kabla Exhibit 1(b) by which the said Ledu Khan claimed to have acquired interest in the land contiguous to the land under pre-emption, and as such the said Mozaffar ..Category: Property Law | Date: | Hits: 73
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