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The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ...... confer Indian citizenship on the respondents under the Indian Citizenship Act nor did they lose their Pakistan citizenship by their entry into India on the basis of such certificate for a very short period to secure their lives with no intention to abandon their Pakistan citizenship or domicile or ..Category: Criminal Law | Date: | Hits: 59
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......nbsp; Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy proper..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......t with effect from 1st august 1987. This finding is uncalled for and not borne out from Ext. A and on that basis wrongly passed the order of remand and that the disputed electricity bill was for a period from 30-6-82 to 20-8-82 and, as such, the remand order on the basis of Ext A dated 23-2-88 w..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......arch 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere………&helli..Category: Criminal Law | Date: | Hits: 66
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... No. 1268 of 2002. 2. The petitioners on being aggrieved by the following portion of the order moved this petition: “It has been alleged that during this period of remand the accused was taken to the Cantonment and he was also tortured there. To ascert..Category: Criminal Law | Date: | Hits: 65
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......sp; May 6, 2002. The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishi..Category: Property Law | Date: | Hits: 47
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......arned Counsel for the petitioner. The opposite party is required to keep himself within the confines of Exhibit l. He cannot whimsically vary or alter its terms and conditions. He cannot work out a period of his own choice for termination of determination of the tenancy in utter violation of the..Category: Tenancy Law | Date: | Hits: 76
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....g the field of charity was quite in accordance to the Clause XV of the Memorandum of BRAC. It has also been contended by the appellant that Clause XXIII of the Memorandum of BRAC has quite clearly stipulated that none of the Clauses of the Memorandum of BRAC would in any way ‘limit or rest......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......Deputy Attorney-General again wrote for certified copy of the judgment and decree of the appellate Court and on 5-3-1986 certified copy was sent for filing revisional application but by this time the period for such a filing expired on 31-1-1986. It is the definite case of the Government-respondent ..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Ministry of Agriculture and he was sent to New Zealand for Post Graduate training but within the period fixed he did not return to this country and was absent for more than five years. A departme..Category: Administrative Law | Date: | Hits: 104
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... the said order the Secretary directed suspension of the respondent from service with effect from 1.6.95, though he served after reinstatement in service for more than six months during the interim period. This action of the Secretary, Ministry of Social Welfare is out and out illegal one which s..Category: Administrative Law | Date: | Hits: 124
Category: Fiscal/Taxation Law | Date: | Hits: 85
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... proviso to subsection (3) of section 2 of the East Pakistan Hats and Bazars (Establishment and Acquisition) Ordinance, 1959 East Pakistan Ordinance No. XIX of 1959). After expiry of the period the appellant prayed for renewal of the licence for the year 1380 B.S, which was rejected. ..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......Factory, Narayanganj for the Assessment year 1960-61". 2. The material facts which led to making of the reference are that: The Assessee was assessed of the income of the jute sec-tion for the period of 1365 B.S. and the Income-Tax Officer considered that the correct accounting period for t..Category: Fiscal/Taxation Law | Date: | Hits: 78
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... matter whether the profits of land taken by the mortgagee had been of sufficient value to cover the total amount of the loan with interest thereon. The legal effect of it is that after expiry of the stipulated period the property automatically comes back to the mortgagor and the maximum period allo......ce on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the provision..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 ......justiciable issue before the High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was revoked on November 27, 1979. Decision of Martial Law Courts in Martial Law period is not challengeable except where there is want of jurisdiction or coram non judice. “Pu..Category: Constitutional Law | Date: | Hits: 157
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. ......ty, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, as hare of crops, service or any other thing of value, to be rendered periodically for or on specified occasions to the transferor by the transferee who accepts the trans..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......this context the High Court Division considered the evidence and found that the finding was perverse, namely, that the judgment-debtor had resisted the Process Server on 21-3-66 and, therefore, the period of limitation will run from that date. If fraud is proved then there is no question of limita..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ous charitable and humanitarian organisation connected with and approved by Islamic laws and religion, I do hereby make an al-al-aulad Wakf in respect of... … …. During the period I hold the office of the Mutwalli of this Wakf Estate, I shall pay for the expense of food, d..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......the plaintiffs in such a suit has to pray for declaration of his title to the land and its recovery from wrongful dispossession therefrom and must show that the suit was filed within the prescribed period of time. The plaintiffs in the instant case filed a money suit where his title was incidental..Category: Property Law | Date: | Hits: 56