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Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... lessee, without recourse to a court of law, if the lessee does not voluntarily surrender possession D.F.O. South Kheri vs. Ram Sanchi, the respondent purchased the right to cut timber for certain period from the forest Malini and Gola Ranges. The Divisional Forest Officer some time thereafter ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......no such time limit has been given. The learned-Additional Attorney General has submitted that all the demands under the said Act are recoverable under the Public Demands Recovery Act, for which a period of limitation has been prescribed and in that view of the matter, it cannot be said that unde..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......On Independence of Bangladesh, the shop was taken over as abandoned property and thereafter it was released by the Abandoned Property authorities and the respondents got into possession. During the period the property was in possession of the Government, allotment was given to the appellant and ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... same to the treasuries, commercial banks or designated authorities on the 8th and 9th June, 1971 and in the case of 100 rupee notes time was extended to another date, that is, 10th June, 1971. It is stipulated that thereafter these currency notes shall not be accepted. By paragraph 4 the receivin......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... in an officiating capacity. It is now well settled that reversion from an officiating capacity to the substantive post does not reduce a government servant in his rank. Mere length of officiating period without any other fact or circumstances does not confer on the person so officiating any sub..Category: Employment/Service Law | Date: | Hits: 83
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. ......that worker concerned should submit his grievance to his employer in writing by registered post and the employer has to communicate his decision in writing to the said worker within the prescribed period, Clause (b) provides that if the employer gives any decision under clause (a) or if given th..Category: Labour and Industrial Law | Date: | Hits: 91
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. ......, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kar..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. ......be above 2 (two) lac taka. On the other hand, Mr. MA Matin, learned counsel for the respondent, has produced kabala of the year 1969 which shows a much low price of land Of the adjoining area in that period. Obviously, the price of land at that time was much lower than that at the present time. Howe..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. ......, which is uselessly incurred if, when the objection is ultimately taken, their Lordships feel obliged to yield to it But although their Lordships think that the objection should be taken at an early period, it is clearly competent to them to hear it at any stage of the appeal; and it has not been..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....ion in the District of Jessore appointed the appellant to sink 3 tube-wells, one at Shibnager Hindu Para, one at Baliadanga Shaikh para and one at Chanchra Mat Para, at cost of Rs, 800/- each. It was stipulated that 1¼" pipe with two filters would be sunk to a depth of 152 feet. The appellant under......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......subsequent notification the order of retirement was made operative with effect from the 30th November, 1959 granting the plaintiff certain retirement benefits in the shape of leave with pay for the period from the 1st June, 1959 till the 29th November, 1959. 5. In his suit, being Title Suit ..Category: Administrative Law | Date: | Hits: 106
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. ...... Court, to be paid to the respondent against a Bank guarantee for repayment if, and to the extent that, it is found that this amount represents an overpayment. The deposit to be made within a period of two weeks. A stay order in respect of the balance of the decretal amount will issue if an..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... 11(3) and that the power of the employer to terminate the employment of a permanent workman under clause 12(1) is available only in cases where workmen have to be laid off for an indefinitely long period necessitating the termination of their services under clause 11(3) and that the services of a..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......eased operations as a broker early in January 1961. The application by the plaintiff in this case for the deposit to be paid into the Court was made on the 22nd February 1962, that is to say, after a period of a year. The Forward Contract rules contain provisions for settlement of forward contracts,..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....erefore, the authority does not wish to take disciplinary proceedings against the offending Government servant but adopts the alternative course of not giving him any extension on the expiry of the stipulated period, if cannot be urged that the real reason for the termination of his services bei......e, 1961 on a purely temporary basis. Md. Sekandar Mia, the respondent in Civil Appeal No. 89-D of 1968 was appointed as a peon by the said Corporation on the 3rd November, 1960 on probation for a period of 2 years. Upon the bifurcation of the Pakistan Industrial Development Corporation in June..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......take advances from the Government cash imprest money." Hamid Hussain also admitted it to be correct that most of the chits mentioned in Ex. 39 against which advances were made related to the period of Mr. Ghulam Mustafa. The list Ex. 39 mentions a cheque for Rs. 250/-. With regard to this a..Category: Anti-Corruption Laws | Date: | Hits: 142
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......y Ltd. on the 30th June, 1957 and actual possession thereof was handed over on the 1st July, 1957. The firm submitted its return for the assessment year 1958-59, which corresponds to the accounting period ending 30th June, 1957. It was assessed to a total income of Rs. 2, 72,955/-. This amount inc..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification ; or (iii) a condition excluding liability for injury caused or contri..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......uance to a complaint lodged by the Police under sections 12 & 14 of the Ordinance, the District Tribunal, Sukkur, by order dated the 8th May, 1967, restricted the movements of Pir Abdur Rahim for a period of one year to the municipal limits of Sukkur against which he filed an appeal under section ..Category: Criminal Law | Date: | Hits: 49
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......edical Board, he was declared fit on the 1st of July, 1944. The department then released him for his training which was to last for fifteen months, but due to the outbreak of the Great World War, the period was curtailed to six months for partial training, three months at Jabbalpore and three months..Category: Employment/Service Law | Date: | Hits: 103
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