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Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ed to 'B' schedule homestead land in the latter part of January, 1973. On making enquiries the appellants came to know about the transfer in February, 1973. As the schedule properties are non-agricultural homestead which existed for over twenty years prior to the appellants' purchase, they ......tatutory compensation. 4. The application for pre-emption was resisted by Keramat Ali on the ground, among others, that the 'B schedule lands, buildings, and structures which bear Municipal holding No. 49/2, Purana Paltan Line, Dacca, was previously held by Sakina Bai on her purchase from..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......d by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division set aside the impugned order of termination holding that the order of termination was passed for a collateral purpose i.e. to dismiss the respo..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application under sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay in holding the Annual General Meeting of Jamuna Oil Company Limited for the years 1976, 1977 and 1978 ..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......ing been separated by an order of the Circle Officer (Revenue) under Section 117 of the East Bengal State Acquisition and Tenancy Act, 1950. The pre-emptor ceased to be a co-sharer in the holding and as such he has no locus standi to maintain: his application for pre-emption. 3. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ...... to sub-section (1)of section 88A will not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and therefore the Civil Court cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding……..(12)..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......e letter of guarantee and further, restraining the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to tr..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no lega..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......refin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The p..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......riod of three years from the date of the final decree which is November 30, 1954. The learned Music rejected this ground and dismissed the objection petition under section 47, Civil Procedure Code holding that limitation would start in this case from May 22, 1965 when the decree was drawn and s..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ...... of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence o..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......e application suffered from defect of parties in that a number of co-sharers by inheritance were not impleaded in the application for pre-emption. Trie learned Munsif rejected this contention holding that the omission of certain persons a referred to in section 96(2) was not fatal to the pr..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......her a particular tax could not even be imposed in a different way or in a way the Court might think more just and equitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land Tax Act, 1955 which subjected t..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ......gladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission and Distribution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......of a citizen, the Court in obliged to decide whether the observance of toe principles was necessary for a just decision, in the facts and circumstances of the case. The High Court was wrong in holding that just because the licence was subject to condition the licence could be penalized with..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......hat the President Mr. Justice Abusaadat Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... 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. ......n 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he went on leave in November, 1975. He was served with a notice dated December 2..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....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. ......rties, who as required in the law, appeared, on consideration of the report submitted by the Magistrate as per direction of the Thana Magistrate and after hearing of the parties and holding local enquiry the Thana Magistrate by his order dated March 15, 1975 directed for restorati..Category: Constitutional Law | Date: | Hits: 153
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....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. ...... facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acres of land dated October 25, 1965 ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....voidable expenditure,— (i) the Sub-divisional Officer of the Sub-Division in which the property is situated, if the property proposed to be transferred is agricultural land and the area thereof does not exceed one standard bigha or twenty five per......roperty by the members of the minority community was that registration of instruments of transfer was made conditional on the granting of prior permission by the Deputy Commissioner concerned after holding, the necessary inquiry to ascertain whether or not the proposed transfer was in due course..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......s objection was negatived by the Executing Court, the Lower Appellate Court and the High Court Division in the Second Miscellaneous Appeal. The High Court Division dismissed the appeal holding the decree-holder is entitled to the benefit of the provisions of section 14 of the Limitat..Category: Property Law | Date: | Hits: 54
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