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Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......trial Court with the same findings. On second appeal to the High Court, the learned Single Judge decreed the suit holding that the courts committed an error in deciding the suit on the proposition of law that the sale being held during the period of attachment was void, and the learned Single Judge ..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......rt Division keeping in view the language of Article 35 of the Articles of Association which reads as under: “Any share may at any time be transferred by a member to any child other issue, son-in-law, daughter-in-law, father, mother, brother, sister, nephew, niece, wife or husband of such member..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ertaking from the petitioner as security against their direct formal demand of Taka 2,75,42,815.02 for approving the name change of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect and also as to why they should not be directed to relea..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
.... Vs. Kumudini Hospital Karmachari Union, 43 DLR 655 the High Court Division held; "The analysis as made above has brought into sharp focus that a relationship has been created by the law itself by amending the definition of the word "industry" and the corresponding definition of the word "est......h cost. 4. Mr. Mahmudul Huq, the learned Advocate appearing on behalf of the petitioner submits that the petitioner is a voluntary organization which is non profit one and registered under special law and, as such, cannot come within the definition of establishment/industry as described in the ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......dings of the Appellate Court and pointed out that the Appellate Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......sed the opposite party No. 1 (first party) from the case land. The opposite party No. 1 on 16-6-1997 filed an application under section 145(4) of the Code informing dispossession sought protection of law. It was further contended that on 26-11-1997 Sarbat Banu and 23 others as plaintiffs instituted ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......tely by the appellant the Commissioner of Income Tax, under section 66(2) of the Income Tax Act in the income tax assessment cases of the assessee respondents on the ground that no questions of law arose out of the orders of the Income Tax Appellate Tribunal in the said four assessment cases. ..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
.... penalty greater than or different from, that which might have been inflicted under the law in force at the time of the commission of the offence. 11. The Act (Special Powers Act) was amended by amending Act LIX of 1974. The amending Act provides for Capital punishment for certain offences in......r the Act it would be in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the alleged offence. So it was urged that the proceedi..Category: Criminal Law | Date: | Hits: 76
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......3.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal these have been heard togethe..
Category: Employment/Service Law | Date: | Hits: 133
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Nos.1 to 4 government was that the defendant No.7 took settlement of the suit land from the government collusively and fraudulently and as such the government subsequently cancelled that settlement lawfully and legally. That the defendant No.7 never possessed the suit land and the plaintiffs also ..Category: Property Law | Date: | Hits: 68
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368.......2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ pe..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ent No.2 Bangladesh Bank contested the rule by filing affidavit-in-opposition. The material case of this respondent was that the impugned circular No.10 of 2005 has been formulated in accordance with law for the betterment and effective functioning of the bank and with a view to modernize the instit..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......t order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with neces..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
...... were necessary parties in the present suit for partition and flatly rejected their application only on the ground that the suit was fixed for delivery of judgment.
6. It is a settled principle of law that a party may be added at any stage of a suit or proceedings even at appellate or revisional ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......eason to be aggrieved by the same. The learned District Judge considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ers submits that the appellate Court being the last Court of fact did not independently asses the evidence and arrive at its own findings in passing the impugned judgment, and thus committed error of law. He further submits that the appellate Court without reversing the findings of trial Court reman..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in respect of the terms and conditions of service the High Court Division erred in law in not holding that the writ petition was not maintainable. 5. Mr. A.J. Mohammad Ali, the le..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......cutable.
vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
T..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......her. Therefore, it cannot be said that the substituted defendants by way of additional written statement have introduced a new fact and controversy between the parties. This is a settled principle of law that pleading can be amended at any stage of suit/proceeding, if it is necessary for better plea..
Category: Property Law | Date: | Hits: 67
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