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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... 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 proceeding and allowed the pre-emption.......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. ......order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......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. ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....roceeding under the Succession Act, an application for addition of parties under Order 1, rule 10, Civil Procedure Code, is maintainable when the Succession Act provides for a special procedure as to persons who could be joined as party in such a proceeding, and secondly, whether the respondents who......on Act. It was observed by the learned Judges of the High Court as follows: “In order to entitle a person to come and see the proceeding before the grant of the probate, he must show that he is interested in the estate of the deceased. Here the Deputy Commissioner is not interested in the ......proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....der, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (ii) that differen......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. ...... order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... the re-organization of the services of the Republic and of public bodies and nationalised enterprise and for prescribed unified grades and scales of pay and other terms and conditions of service for persons employed in such services. Under this Act, section 2 defines the "Nationalised Enterprise"......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: ...... and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......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: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....n J.- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ petition No. 1003 of 1978. 2. The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under section 26 of the Companies ......is appeal by special leave is from the judgment and order of the High Court Division passed in Writ petition No. 1003 of 1978. 2. The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under section 26 of the Companies Act read...... ...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ration on the footing of a Will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the properties of persons residing in India were declared as enemy property. The plaintiff in 1968 filed an applicati......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ...... the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ation of 29.11.76 and repealing all Martial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from such P......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. ......ecution 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. ......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. ..Category: Constitutional Law | Date: | Hits: 292
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....or cause the production of any document before it or him willfully disobeys such summons, the Court, the Magistrate or the Tribunal may take cognisance of such disobedience, and, after giving such persons an opportunity to explain, sentence him to a fine not exceeding twenty rupees. ......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. ...... Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......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. ..Category: Constitutional Law | Date: | Hits: 153
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... of contiguous lands; and that the application was not maintainable in the absence of contiguous land owned at named in the written objection. To meet the objection the appellant impleaded the persons whose names were supplied by the pre-emptee. At that trial only two points were pressed, na......n, correctly pronounced. From sub-section (4) of section 96, it is clear that the said provision was obviously made for the purpose of providing the facility of pre- emption to the persons interested. Who have not lost their right of preemption under sub-section (1) of the laid sec......aside. Judgment and order of the lower Appellate Court are restored. Ed. ......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. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....efendant to seek restitution” As to the argument that if no extension is allowed for the period spent during the pendency of the second appeal hardship would be caused to minors and other disabled persons who would be deprived of the benefits of secs. 6 & 7 of the Limitation Act, the learned ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......he first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....property without the prior permission of the Deputy Commissioner was to be deemed invalid. Ordinance 1 of 1964 was promulgated with, the declared object to provide for the speedy rehabilitation of persons affected by the "civil disturbance" in East Pakistan in January, 1964 and fo......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......83, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..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. ......h the relief was sought. In the Privy Council case a preliminary mortgage decree was obtained which was amended in some respects not material to be particularised. There were a number of mortgagors interested in the mortgage some of whom preferred an appeal before the High Court against the prel...... to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......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. ..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....ted 18.8.58 are the revised Rules, and the Rules regulate the grant of rewards to Officers (including Ministerial staff) of Sea and Land Customs below the rank of Assistant Collector and other persons who are instrumental in detection and for bringing to notice infringement and evasion......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....some of the inmates of the house of complainant Abdul Jabbar Mollah at about 1 A. M on August 22, 1976. The Special Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the prosecution had failed to prove the case beyond reas......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
.... law for the time being in force............... Section 2(9) of the said Act defines, "person" includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals whether incorporated or not, a Company, Government of a Provi......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......hy;ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....sition of law relating to deposition made by the pardanashin lady. The proposition of law is well established in the subcontinent. It contains well-known principles for the protection of persons who transfer their property to their own disadvantage due to lack of mental faculty of full......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....or holding an enquiry into the charge of misconduct of the respondent. There is, however mention of constituting an inquiry Committee in Statute 5(1)(c). Such Inquiry Committee is to consist of three persons and to be appointed by the Chancellor to enquire into the offence of subversion. For inquiri......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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This Case is also Reported in:
......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....tial Law Court. (2) If any judgment or decision of a Special Martial Law Court it not unanimous, an appellate Tribunal which shall consist of one member to be appointed by the Government from among persons who are or have been Judges of the Supreme Court of or any High Court that functioned at any......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......re set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....may be regulated by Parliament subject to the Constitution, and until such provisions are made by Parliament, the President can make rules regulating the appointment and conditions of service of such persons in the service of the Republic. Article 134 says, except as otherwise provided by this Const...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......gh Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......urt Division considered such adverse and extraneous matters for coming to the conclusion whether the requisition was Justified or not. The learned Judges took pains to consider the State policy of education aid considered whether the mandate of Article 17 of the Constitution was kept in view whi..Category: Property Law | Date: | Hits: 65
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