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Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....s "When an application has been made under sub-section (1)", " in my opinion, means that an application has been validly made within the two periods of fixed points of limitation as stipulated in sub-section (1) of section 96. If the first application for pre-emption by a co-share......as been made under sub-section (1) any of the remaining co-sharer tenants including the transferee, if one of them and the tenants holding lands contiguous to the land transferred may, within the period referred to in sub-section (1) or within two months of the date of the service of the not..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Works Programme. The amount was lying in the current account No. 1459 of the National Bank of Pakistan, Jessore. During the period between 16.8.64 and 21.8.64 the appellant paid a sum of Rs. 755/ out of aforesaid amount to M..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ...... new char sprung up from the bed of the river due to the shifting of the river Tetulia to the west of its original site, as such the dispute arose as to the demarcation of these char lands. After a period of few years of controversy, the matter came up before the Additional Deputy Commissioner (..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
.... 4. The measurement as given above relates to the work at Koroiardia. Similar; work at the same rate were also required to be done at Mognama and Ujantia. The work in item No. 1 in Magnama was stipulated 3,56,400 sft. In item No. 2 it was 3,05,640 sft. and item No.3 it was 23,077 numbers. At......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......that she has prosecuted the application under section 151 of the Code of Civil Procedure bonafide. So, it hardly needs mention that she cannot be held responsible for the loss of time covering the period between the date of presentation of the said application and the date of arrival of the reco..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ...... undergo rigorous imprisonment for six months. The order convicting and sentencing accused Idris and Sekandar under section 324 of the Pakistan Penal Code and sentencing each of them for a further period of six months has also been upheld. 2. The case for the prosecution briefly stated i..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....his section it is clear to us that the payments made during the convalescence of an injured worker which was paid towards medical expenses cannot be deducted from the compensation payable to him as stipulated under section 4 of the WC Act, 1923. In view of the above, the deduction in clearly una...... said bus. 3. The appellant after being removed to the Dacca Medical College Hospital, remained there for treatment as indoor patient from 8.3.1965 to 12.1.1966, that is to say, for about a period of ten months. During this period, the appellant was operated upon three times. Even after h..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......fact and law were involved in them, they are now disposed of under one judgment. 2. Petitioner in Petition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits Tax has been levied is..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......ffs' suit was barred by limitation under the provision of Article 47 of the Limitation Act. To appreciate his argument I would like to mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by an..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......was introduced in section 26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 years if no period is provided in the deed. The learned Subordinate Judge held that the mortgage deed executed i..Category: Property Law | Date: | Hits: 82
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......ason of the last minute supply of the learned Judge's brief to the lawyer only three and a half hours prior to the trial". "It could not have been possible within this short period for the lawyer so engaged to fully acquaint himself with the facts of the case, far less to..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ocument itself is illegal and has not conferred any right on the plaintiffs-respondents. It is necessary, therefore, to consider the purposes for which this lease was executed. In the document, it is stipulated that if the land remains fallow or unproductive, then that will not be entertained as an ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......he endorsements were also affixed on that very day. In one word, all the formalities were observed as was required under sections 34, 35, 52 and 59 and thereafter the matter was kept pending for a period of about 6 months when suddenly the impugned order of refusal was passed and communicated to..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ...... notification in the official gazette may declare that any or all provisions of the said Act is or are not applicable to any particular or all financial institution (s) generally or for a specific period. The Arthik Protisthan Ain, 1993 came into force on 16-8-93, but respondent No. 6 as being g..Category: Business or Commercial Law | Date: | Hits: 106
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
.... 8. Order 22 of the Code of Civil Procedure requires that in the event of death of a particular party, heirs and legal representatives of the deceased have to be brought on record within a stipulated period. If they are not brought on record within such period, the action abates either w......ip;………..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......(V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctors and 16 years of ..Category: Criminal Law | Date: | Hits: 71
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ds in the account. Proviso to the section, however, is as follows: Provided that nothing contained in this section shall apply unless— (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whiche..Category: Business or Commercial Law | Date: | Hits: 145
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......to register all the divorces of the Gulshan Pourashava. 3. It is further alleged in the writ petition that in 1986, the petitioner went on Hajj and was out of the country temporarily for a period of 11/2 months. During that period, one Md Lutfur Rahman managed a temporary licence for War..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......though we are of the opinion that the High Court Division was not well grounded in law in directing the petitioners to absorb/appoint the writ petitioners against specific posts within a specified period which is purely an executive act. We are not inclined to interfere with the same except with..Category: Employment/Service Law | Date: | Hits: 81
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... Judgment June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not be..Category: Administrative Law | Date: | Hits: 144
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