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Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
.... interest in the estate of the deceased to crone and see the proceedings before the grant of probate or letters of administration." The High Court Division relying upon a decision of a Single Bench of the Patna High Court in Mutukdhari Singh Vs. Prem Debt AIR 1959 Pat 570, took the view that......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. Fazle Munim J.- This appeal arises from the judgment and order of 3 Bench of the High Court Division passed in Writ Petition No. 489 of 1980 on July 26, 1980. 3. Th......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
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....5 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The ......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: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....hout any notice to the appellant. 6. The appellant unsuccessfully challenged the said order dated 16-9-78 by an application under Article 102 of the Constitution. The Division Bench, of the High Court Division while discharging the Rule issued earlier held that the appellant...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. The trial Court found the Will genuine and granted Letters of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the ......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
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... Petition No. 507 of 1976.) Judgment Kemaluddin Hossain CJ. - I concur with the decision of my learned brother Fazle Munim J. Fazle Munim J.- This appeal arises from the judgment of a Bench of the High Court Division passed in Writ Petition No. 507 of 1976 on December 6, 1977. The re...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....os. 94 of 1979 and 61 of 1979). Judgment: Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....unal acted in excess of its jurisdiction in remanding the ease to the Thana Magistrate for re-hearing inasmuch as statute does not provide any such power to the Tribunal. A Division Bench on examining the different provisions of the President's Order No. 13 of 1972 held that judgm......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....taken that the requirement of the proviso to sub-section (1) is directory and the Court’s power to extend time in an appropriate case is discretionary. The learned Judge mainly relied upon a Full Bench decision of the Lahore High Court in the case of Gedi Mal Dharam Das vs. Huna Mal Shedu Ram, A......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... such the said Mozaffar Ali Khan was a necessary party, in whose absence the application for pre-emption was not maintainable. The learned Single Judge relying upon the decision of a Division Bench of the Dacca High Court in Syed Abdul Karim vs. Harendra Chandra Dhupi, 14 D.L.R 847 accepted......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. ..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ey General appeared to oppose the Rule on behalf on of the Government. The Rule was made absolute and the declaration as prayed for was made, on July 27, 1979 an application was filed before the same Bench by the Respondent, Dacca improvement Trust praying for re-hearing of the Writ Petition after s......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....IR 1932 Cal 30; Hari Mohan Dala vs. Parmeshwar Shau, AIR 1928 Cal 646, Khwaja Allawali Vs. Kesarimal AIR 1947 Nag. 239; Bal kukund Marwari vs. Basata Kumari Dasi, AIR I925; part 1. 5. In the Full Bench case of Allahabad High Court as referred to above, Solaiman CJ in his illuminating Judgment el......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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....Ordinance No. 1 of 1964 the sale deed was not validly registered. On this ground the suit was decreed and the sale-deed was ordered to be cancelled, On appeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on ......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. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... order dated 18-8-78; and another sum of Tk. 32,000.00 was sanctioned as reward to the respondent under N.B.R's order dated 22-2-80. The respondent did not raise any objection. 4. A Division Bench accepted the contention of the respondent and found that the respondent's lawful claim w......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....isallowing of the benefit of additional depreciation in respect of the plant and machineries which are not installed in Pakistan (Bangladesh). The reference was heard by the Division Bench of the High Court. The learned Judges of the High Court Division without answering the questi......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....nder sub-article (2) of Article 47 of the Constitution of the People's Republic of Bangladesh read with the First Schedule to the Constitution, cannot be questioned in any Court of law. 3. A Bench of the High Court Division allowed the Writ Petition on two grounds. Firstly, it has been fou......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. ..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
.... Badrul Haider Chowdhury J.-This appeal by special leave arises out of a judgment passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968. 2. The Income Tax Off......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. Judgment: Fazle Munim J.-This appeal arises from the judgment of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....4 of 1979.) Judgment: Fazle Munim J.-This appeal arises out of the judgment of a Bench of the High Court Division passed on December 7, 1979 dismissing an appeal under clause 15 of......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of this Division. After the decision of this important question, the appeals will be dis...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
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