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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. ......requisitioned. Thereafter some of the interested persons filed petitions before the requisitioning authority for derequisition of their lands and on 19-8-66, the Additional Deputy Commissioner, Dacca recorded an order, the relevant portion of which is as follows:— "It appears that the then ......neral. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......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. ..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....uding Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar (55 I.A. 243) and Majeda Khatun Vs. Rabindra Chandra Dey (P.L.D. 1952 Dacca 112). This latter case relied upon Sakalaguna's case (55 I.A. 243), wrongly cited therein as 44 I. A. 243. Sakalaguna's case was also relied upon by a Division Bench o......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ....... enemies or not and after stating that the said question depended on the answer to the question whether Pakistan was at war with India and whether India is an enemy country, the following views were recorded :— "This, however, is a delicate political question which as a matter of state p......and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
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. ......legality of detention, the High Court Division decides to issue a Rule Nisi, it presupposes that a prima facie case for interference has been made out and, in consequence, nothing further need be recorded at that stage. 36. It was next contended by the learned Attorney-General that no ba......th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... support the order of attachment dated 16.11.67 of the disputed land on the ground that the learned Additional District Magistrate, while rejecting the prayer of the appellant to release the land, recorded a finding on 25.3.68 that there was still apprehension of breach of the peace in respect o......nbsp; A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......h in sections 426 and 435 of the Code respectively. It was further observed that section 498 is confined to the case of an accused person only and not to a convicted person. Hamoodur Rahman, J. who recorded a separate judgment in this case also observed that Chapter XXXIX of the Code does not deal......ding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......at that time they saw the prisoner murdering their Phufu while she was tying her goats to a peg. Learned Counsel pointed out that these two witnesses were examined by the Investigating Officer who recorded their statements under section 161 of the Cede of Criminal Procedure P. W. Siraj......e under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
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. ......t case as established and now admitted though belatedly by the plaintiffs, this decision is not applicable. The Kol-karsha has been in existence since 1938 without any interruption and it has been recorded as such in the R.S. Khaitian and has remained undisturbed even after the sale of the kars......contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......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. ..Category: Property Law | Date: | Hits: 45
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. ...... attempts have been made by the appellant's learned Counsel that later developments as appear from Ext. 2 and Ext. 6 would show that, the complainant and his wife resized from the statements recorded in the F.I.R. with little difference here and there, but the facts related in the F.I.R. a...... In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......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. ..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. ....... 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. ......er of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... Tenancy Act. 16. Now, turning to the second contention it appears that the learned Judges of the High Court Division had, in relying upon exhibits F & G, dakhila and a certified copy of khatian respectively, came to the conclusion that the appellants ceased to have any subsisting..Category: Property Law | Date: | Hits: 47
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. ......rroborated by the evidence of O.P.W. 5, Zahirul Qayyum Chowdhury who stated that the original jama was at Rs. 6/8/- aortas. At time of attestation in the Revisional Survey operation the jama has been recorded at Rs- 5/1/- annas which was again split up in Separation Case No. 81/59-60 into two jama&m......is also Reported in: 33 DLR (AD) 305. ......urchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 w..Category: Property Law | Date: | Hits: 48
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....sessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges of the High Court Division wrongly concluded that the tax demanded from the appellants is debt due to the Government of the the......neither mutually exclusive nor effect in force relating to the recovery of debts due to Government and it shall be lawful for the income-tax Officer, if for any special reasons, to any inch mode of recorded to be recorded he so thinks will to have recourse to any much mode of recovery notwithstand......cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....ommissioner of the district filed an application for being added as a party in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not fou......ioner of the district filed an application for being added as a party in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not found to ha......proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......trict filed an application for being added as a party in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not found to have got any "inte..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. ...... is the date on which he attains the age of 55 years. He may be retained in service after the date of compulsory retirement with the sanction of the local Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special ci...... order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......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. ..Category: Employment/Service Law | Date: | Hits: 180
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....heir attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of the defendant-respondents, he was compelled to file the suit. 2......orney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of the defendant-respondents, he was compelled to file the suit. 2. The de......he power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
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. ......s proved to his satisfaction to have been in possession thereof before the civil disturbance of January, 1964, Provided that the District Judge may extend the time for good and valid reason to be recorded in writing. (3) When the person found to be in possession of any such prope......83, 68. ......he sale .deed the plaintiffs instituted the suit. The sale-deed shows that the lands of the plaintiffs numbering as many as 22, having no community of interest, and lands appertaining to different khatians under different mouzas, were transferred by one document. Normally registration of such tr..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......e been made on behalf of the first party to show that an order was made by the Magistrate on 10 October 1978 asking the second party to show cause why they should not execute a bond, but it was not recorded in the Order-sheet by mistake. Contention of the second party is that the alleged order da......al Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......during the previous year."
2. In Civil Appeal No. 50 of 1981 the respondent Messrs. Beauty Paints Supply and Co. having wholesale business in dyes and chemicals, not wholesale business in paint as recorded by the Deputy Commissioner of Taxes in the assessment order showed total sale at Tk. 8,28,4......s also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......servant,' whose terms and conditions of service are regulated by the service rules, he is entitled to a show-cause notice even for the second time after a finding against him is provisionally recorded and a specific punishment is proposed to be awarded to him. In this case the respondent wa......the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
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. ......ther asserted that the transaction between the plaintiff and Jaynab. Bibi is collusive and this had been brought into being after Jainab Bibi lost her objection case in getting the land recorded in her name on contest. 5. The plaintiff pressed his case with regard to C.S. plot ...... not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......f the defendant, as the tenant under the plaintiff. It was concluded that the rent-receiving interest having been acquired the plaintiff ceased to have any interest in the disputed land. Exhibit 2 khatian has been recorded in the name of the defendants. Exhibit F is the report of the Advoca..Category: Property Law | Date: | Hits: 47
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