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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: ......e occupied but for such decree or much part thereof at has been varied or reverted; and for this purpose, the Court may make any orders, including orders for the refund of cost and for the payment of interest, damages, compensation and make profits, which are properly consequential or such variati..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....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. ......roposed to the plaintiffs that they should leave the title deeds of their respective immovable properties with him for being kept in the Deputy High Commissioner's Office in order to protect their interests in their absence; and that the same would be necessary to enable them getting land and se..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 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. ......s been given retrospective operation in seeking the revalidity of the earlier law. The infirmity which led to the invalidity of the earlier section has been removed by insertion of the phrase 'public interest’ and that has been made retrospective giving it a retrospective operation. Parliament has..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. ......sp; Whereas, in the opinion of the Government, the services of the employees of the Bangladesh Water Development Board, mentioned below are no longer required In the interest of the People's Republic of Bangladesh; Now, therefore, in exercise of powers..Category: Employment/Service Law | Date: | Hits: 92
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... 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. ......he Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bibi, wife of Syed Abdul Hakim by kabala Exhibit 1 dated 17th Baisak 1286 and in turn he acquired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and a..Category: Property Law | Date: | Hits: 47
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ion raised for our consideration may be stated thus: The appellant brought the suit for setting aside the deed of perpetual lease executed on 21.2.56 and the deed of sale of the rent receiving interest of the lease hold property executed contemporaneously by Meher Afzan Bibi, mother of ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......ty of misconduct or
(d) …………………
(e) is engaged or is reasonably suspected of being engaged in subversive activities or activities detrimental to the to the interest of the University; or to the state or is reasonably suspected of being associated with oth..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......1975, 8th November, 1975 and this proclamation; (c) To make Martial Law Regulations and orders and (d) to add any other act or thing or to take any other action at be deemed necessary in the national interest or for the enforcement of the Martial Law. 8. It will be convenient to consider the ori..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......e rank which is a part of the land transferred, and the pre emptor's land was severed. The High Court Division took the view that since the pathway belonged to the Government no case of 'competing interest' against the pre-emptor would arise and that the pathway would be regarded as a hyphen bet..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ondent No.4 filed Title Suit No. 700 of 1975 in the First Court of Munsif for declaration that he is the sole proprietor of the Little Flower School and he was entitled to close it down for his own interest and that the defendants had no right to run the School In the private residence of his an..Category: Property Law | Date: | Hits: 65
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... 33,000 7. Godown rent for period when uncrushed salt was being crushed for marketability period June, 1978 June, 1979. 2,60,835 8. Bank interest paid to Sonali Bank for period between (i) 27th January, 1978—June, 1978 and (ii) June,..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......d gains of business, profession or vocation (v) Income from other sources (vi) Capital gains". 9. Section 7 dealt with salaries, section 8 deals with interest on securities, section 9 deals with the tax on the head of income from property and sectio..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ule 'A' and owner of 1483/104 annas share of the properties described in schedule ‘B to the plaint; and for a farther declaration that the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. Th..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ...... in question were committed about six years before the retrial was to be held. In such circumstances the Special Tribunal ought to have given due consideration as to whether it is necessary In the interest of justice to revive the causes and retry the accused. The impugned order reviving th..Category: Criminal Law | Date: | Hits: 46
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......given to section 34 of the I.R.O. With due respect I find it difficult to agree with the conclusions drawn by the learned Judges. Before further discussion on this decision it would be of some interest to trace the history behind the framing of definition of 'worker’ or workman&rs..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......ated 2.4.66 and published in the Dacca Gazette Extraordinary dated 2.4.56 is illegal, void, inoperative and not binding upon the Plaintiffs, and have in no way affected their right, title, interest and possession therein. (b) That a permanent injunction restraining the de..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's case that Ram Proshad had interest to the extent of 14 annas and odd share in the suit land was altogether baseless; that the..Category: Property Law | Date: | Hits: 69
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ndent is directed to pay this along with the earnest money of Taka 4,600.00, in all Taka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......hole district. 36. Since this question, namely, as to whether the properties left by Moulvi Abdul Aziz were all ancestral properties or not, had not been raised in the Courts below, it was in the interest of justice considered necessary, when this appeal first came up for hearing before this c..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......dgment and decree passed ex parte by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for a sum Tk. 1,99,567.00 with damages and interest on account of the works done by him on the facts stated in the plaint. 3. The plaintiff ..Category: Others | Date: | Hits: 103
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