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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ......t Respondent. 5. Considering the importance of the questions, after hearing the learned Counsel, Mr. Khandker Mahbuddin Ahmed for the Appellants, and Mr. Salam for the Respondents, we thought it proper to call Mr. S.R. Pal as amicus curiae to assist the Court. We have had the opportunity of hea..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn......n the interpretation of section 4(b) of the Bengal Agricultural Income Tax Act. The relevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes an..Category: Trust/Waqf Law | Date: | Hits: 239
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ...... As per clause 14 the Chairman of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and shall be responsible for the proper administration of affairs of the Council under the direction and the guidance of the Governi..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could not be reinstated in his service even by the proper authority. 3. It has been noted above that the competent authority did pass an order on ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ......es. Firstly, it gives the right of pre emption to the co-sharer tenants of the holding; and, secondly, it gives right of preemption to the tenant holding land contiguous to the land transferred For proper interpretation of the expression "contiguous to the land transferred" it is to be first see..Category: Property Law | Date: | Hits: 66
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....9 ......ondents Judgment Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 ..Category: Trust/Waqf Law | Date: | Hits: 196
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ed in: 45 DLR (AD) (1993) 140 ......itterness between the parties and an apparent attempt has been made to implicate the sworn enemies of the deceased by improving the prosecution case at different stages through partisan witnesses, proper norms of appreciation of evidence have been adhered to. 14. Mr. Abdul Malek, learned ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol......t No. 8 on 2.6.90 and as respondent No. 8 was already in possession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ......erred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for consideration of Tk. 8,000.00 who in turn again sold the house to Md...Category: Property Law | Date: | Hits: 63
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
.... (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Uni......amely, (i) Bangladesh Biman Ground Services and (ii) Bangladesh Biman Flying Services. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a Notification to be published in the Ba..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
.... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......e "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... This case is also reported in: 45 DLR (AD) (1993) 112 ......e without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with reference to the pleadings and satisfy itself as to what should be the proper proof for passing a decree on the basis of the averments made in the plaint. It appears to us..Category: Limitation Law | Date: | Hits: 271
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......man activities went up to uprooting of two eyes of Kawsor Molla. Hence we hold that the said ground, although it is mixed up with some past activities of the detenu and some facts about him, is a proper ground of detention which is based on sufficient materials." 8..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred......ts, submits, on the other hand, that there are no factual foundations laid by the appellant in his evidence as to whether Amalendu Dev, the allegedly left-out co-sharer, was a necessary party or a proper party. So even on a consideration of the procedural law under Order 1, rule 3 or Order IF ru..Category: Property Law | Date: | Hits: 85
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......tself, upon a misconception of both law and fact, in holding the above. 17. Mr. Rafique-ul-Huq learned Counsel for the appellant submits that the first three charges are in fact not charges proper but are in the nature of spelling out the 'habitual' character of the respondent's delinquen..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin .......................... votes, the Election Commission must follow them and that in the absence of any such rules or where rules or statutes are silent on any matter, then only the Election Commission has got power to take proper steps and further that the general power of "superintendence, control and direction" is meant..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases ...... “If a statute is passed for the purpose of enabling something to be done, but omits to mention in terms some detail which is of great importance (if not actually essential) to the proper and effectual performance of the work which the statute has in contemplation, the courts ar..Category: Administrative Law | Date: | Hits: 125
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......he judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dea..Category: Property Law | Date: | Hits: 81