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Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... of interest to the substituted party. Here the Government of East Pakistan was going to be substituted by the Government of Bangladesh and it required a law to that effect for such devolution of interest. Mr. Ishtiaq Ahmed is unable to show any law, on that day, to that effect. The substitution..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... under section 26A of the Income-tax Act, 1923 for the assessment for the Income-tax year 19......19......" The form further provides for other particulars, namely, "interest on capital, salary or commission of firm, profit and loss, etc.” 7. Rule 6(a)..Category: Fiscal/Taxation Law | Date: | Hits: 76
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of p..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......cretion of issuing process and came to the conclusion that under the Code of Criminal Procedure a wide discretion is given to a Magistrate with respect to the grant or refusal of process and in the interest of the community generally it is essential that a Magistrate should be vested with an ample..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... 4. The Bengal Tenancy Act J885 is a law relating to the landlord and the tenant. East Bengal State Acquisition and Tenancy Act, 1950 was promulgated for the acquisition by the State of the interest of the rent-receivers and certain other interest in land and "to define the law relating to..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......e of no effect, Regulation 6(2) says that annulment of any judgment, decisions, decree, writ, injunction referred to in the proceeding paragraph shall not disturb or otherwise affect the right or interests of any person in any property which before the commencement of the Regulation has been act..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ich they would have occupied but for the decree that has been varied or reversed In making restitution the Court has been conferred very wide powers including orders for refund of costs, payment of interest, damages, compensation and mesne profits consequent on such variation or reversal. It i..Category: Procedural Law | Date: | Hits: 96
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......ecaution while deciding the Writ matter in the exercise of jurisdiction whether the High Court Division should recount the ballot papers of the 14 polling centres but it considered that in the "interest of justice" these ballot papers should be rechecked keeping in the mind "though such a cour..Category: Election Law | Date: | Hits: 136
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......The right being personal it ceases with the death of either party. So on the death of the tenant, the tenancy ceases and hence it is not heritable……………….(13) The heirs or successors-in-interest of a tenant in occupation of the premises on his death do not become trespassers, because..Category: Tenancy Law | Date: | Hits: 67
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......rring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, awarding ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ember shall hold office for more that two consecutive terms, except in a case where the Government is satisfied that the services of the Chairman or, as the case may be, the Member is required in the interest of the efficient functioning of the Council Clause 15(B) gives power to the Government to..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......sion Chittagong. The office order reads as under: CO. No. 433/1- PXV (O) Dated 16.11.1972 The following postings and transfers are ordered with immediate effect until further orders in the interest of Public Service. Mr. Mahboob Morshed Ex-Den/DA, whose resignation was accepted vide ..Category: Employment/Service Law | Date: | Hits: 77
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......o individual member of the public and as such it does not come in conflict with any particular person's right to pre-empt under section 96 of the Act. In the absence of any one having a competing interest with that of the pre-emptor it cannot be said that because of a certain space recorded as..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......ecting the decree-holder to take recourse to the executing proceedings after long lapse of time, if the tenant does not vacate the premises even after one year's time, obviously is not looking to the interest of the decree-holder. It is not a judicial exercise of discretion and, as such, it; cannot ..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rict Judge and any order made by the District Judge is appealable to the High Court whose decision will be the final……………….(9) Section 50 “Any Person aggrieved” means any person interested to challenge the order made under section 50. Section 102 Provisions of the Waqf Or..Category: Trust/Waqf Law | Date: | Hits: 196
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......9, 1972. Respondents 1-6 claimed to be co‑sharers by inheritance and respondents 7-9 claimed to be co-sharers: by purchase. The land originally belonged to one Sadat Ali Kari, predecessor-in-interest of respondents 1-6 and as such they claimed as co-sharers by inheritance. Respondents 7-9 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......two plots, the dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Hence, in the interest of justice, the High Court Division directed the parties to maintain status quo in respect ..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......y with the High Court Division. The High Court Division could grant mandamus directing for retrial but it noticed that no useful purpose would be served in giving such direction. Courts act in the interest of justice and when the court is satisfied that the ends of justice I require setting asid..Category: Criminal Law | Date: | Hits: 48
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......'Kha' fist. 3. Before the. Court of Settlement, the Government did not file any written statement but contested the case by asserting that Md. Khalil Miah did not acquire any right, title and interest in the property by purchase from the original lessee, Md. Hussain on 28.8.1970 and that ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......stigating officer the prosecution case will not fail in every case. 10. The State is correct to point out that P.W.s 2, 3 and 4 are natural witnesses. In this case apart from their general interest to support the prosecution case they were also interested in protecting their relations P...Category: Criminal Law | Date: | Hits: 40
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