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AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………â...... pending. Two voters invoked the writ jurisdiction of the High Court chalÂlenging the validity of the election. Question-arose whether in the presence of an equally efficacious remedy it would be proper for the High Court to entertain a writ petition. While observing that under the writ jurisd..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......iff’s first cousin (Khalato sister) and Amir Ali was himself one of the witnesses of this marriÂage. Rent Receipt Ext. E series between 1953 to 1957 show that Khorshed rented a part of the wakf property from his father Amir Ali and he was shown as first son of Amir Ali. The most important doc..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......al Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by law, result being that properties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/- DefÂendant-responden..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ...... medical and other expenses there. FurÂther, the boy being stricken with a critical disease as mentioned above is very much deÂpendent on her mother who alone can give him tender affection and take proper care, both medically, and otherwise. It was never true that the boy was ever maltreated by he..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These ..Category: Property Law | Date: | Hits: 37
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......resh agreement was executed by respondent No. 1 in favour of the firm on 2nd September 1968. During November 1971 the Managing Partner of tae appellant firm went on pilgriÂmage in Mecca after making proper arrangeÂment; for managing and operating the petrol pump; a special Power of Attorney as exe..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti......n misrepresentation of the prospectus; where shares of company have issued at a discount; where there is no valid allotment of shares; where allotment is irregular; where transfer of share has been improperly regisÂteired or registration has been refused. WheÂre the Company put in the register mat..Category: Company Law | Date: | Hits: 195
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and......d rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plai..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....rder as to costs. Ed. ......leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on th..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....with out any order as to costs. Ed. ......t to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calculation of the additional tax due from the assessee." Thereafter, upon fresh calculation ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....t Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismiss......orates the Transitional and Temporary Provisions) but the litigant's right thereto beÂcame extinct on the expiry of the period of ninety days from the commencement of the ConstiÂtution. 5. For a proper appreciation of the subÂmissions of the learned Additional Attorney-General, it will be nece..Category: Constitutional Law | Date: | Hits: 148
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh......cle 98 of the Constitution of 1962 of Pakistan which is identical in terms with Article 102 of the Constitution and con-tended that when a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant&nb..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....eported in: 27 DLR (AD) (1975) 37. ......ny likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver th..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case......ind of confession described in section 30 may be thrown into the scale as an additional reason for believing that evidence", the Supreme Court of India held as follows: "The proper way to approach a case of this kind is first, to marshal the evidence against the accused e..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
.... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......sh Collaborator (Special Tribunals) Order, 1972 (hereinafter referred to as (P.O. 8) and Bangladesh ScheÂduled Offence (Special Tribunals) Order, 1972 (hereinafter referred to as ("P.O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ......at night was not found in the house after the said occurrence. The defence further case was that there was a friction between Habi Durani and Maleka over the latter’s share in their paternal properties Habi Durani wanted Maleka’s share but Malkeka was not willing to give her share to..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&...... of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....y General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Ju...... Letter Patent, when those laws are by necessary implication excluded by the provisions of the Banking Companies Ordinance. (2) That the judgment of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......re and he was keeping his wife for gratifying his evil desire. The complainant in his petition had prayed for issue of search warrant for recovery of his wife and little child and for proper justice. The learned S.D.O. had ordered the officer in-charge of the Kotwali Police St..Category: Criminal Law | Date: | Hits: 77
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul...... to consider the interpretation of Section 88A of the Bengal Tenancy Act, namely:- 'Whether an order of sub-division of tenancy under section 88A of the Bengal Tenancy Act without proper compliance with the proviso (a) to sub-section (1) of the said section is without jurisdictio..Category: Property Law | Date: | Hits: 48