Search Options
Judgment Advanced Search
Displaying 3101-3120 of 3399 results.
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Reported in: 33 DLR (AD) (1981) 154. ......inistry of Law there was no proper review as contemplated under the Regulation which is indicated from the Memo, dated September 23, 1978 from the Ministry of Law enclosing an extract of the review note. The memorandum annexed to the writ petition as annexure 'D reads as under:- “Extract tak..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. ...... made for them by Parliament The word "military" has to be given the dictionary meaning of that word. In Article 152 also clauses (a) and (b) are separate clauses. 26. It is interesting also to note that Sub-article (5) also separates "defence services" from disciplined force which otherwi..Category: Employment/Service Law | Date: | Hits: 102
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....rt Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others......he legislation that is, Ordinance 1 of 1964 as promulgated on 12-2-1964, and it was in excess of the object, and the prevailing circumstances did not warrant the restriction. It has been noted above that section 4 was substituted by Ordinance X of 1964 on 10-10-1964 when communal tensi..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....of section 107 read with section 112 of the Code the impugned order to execute a bond straightaway is illegal. 6. The impugned order shows that the second party were, on the one hand, 'restrained from entering into the disputed land" and, on the other hand, they were......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durgan......fficials, end in support of this view cited the cases of an Estate Officer who was removed for committing forgery but was reinstated later on. On another occasion, 15 September 1979, he gave a strong note of dissent to the Ministry's decision to accept tenders for purchase of machineries for the Noa..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....has the benefit of that doubt. An appellant from conviction can always invoke the support of these principles, if he can show that the facts of his case come from within their purview. On the other hand, the task of the appellant from a judgment of acquittal is more difficult to satisfy the Court...... from the judgment dated July 3, 1979 of the High Court Division in Writ Petition No. 109 of 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Banglad..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......n is whether any case was made out for passing the order of dismissal ignoring the recommendation of both the Inquiry Officers and the Public Service Commission. The Secretary in his note used very strong words namely, 'sabotage,' "disobedience," "deliberate disobedi..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....o sons Syed Abdulla and Syed Abdul Hakim in equal shares. Syed Abdul Hakim gifted his 8 annas interest to his wife Bibhan Bibi. Abdulla died childless and his interest was inherited by his nephew Chand Mia. Defendant No. 1 took settlement of the suit land from Syed Akbar Mia, son of Chand Mia 40...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
....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:
......ttee.
13. In this view of the matter, it cannot be said the University authority has failed to apply the provisions of law in holding the inquiry against the respondent. If there has been, as noted above, some failure to observe or comply strictly with the provisions of the Statue, this by i..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....purchased by the executant. The learned Subordinate Judge further found that all the dues under the mortgage deed were extinguished by the produce of the land. The High Court Division, on the other hand, simply found that the consideration of the Kabala Exhibit 'A" was Rs. 800/- whereas the plai......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instruct...... M.L.R. 1 of 1975. In the first case the order was passed on 24-2-1977 and in the second case on 31-3-1977. 3. It seems an order of review was passed 6-10-1977 and the order by the Government was noted in the order sheet of the Special Martial Law Court on 5-11-1977. Khandker Moshtaque Ahmed fil..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: Th......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... C.W.N. 408; Ramanath Karmakar vs. Sheikh Ahsanulla 34 C.W.N. 746 and Naren vs. Benode 54 C.W.N. 896. Mr. Shaukat Ali Khan, learned Counsel appearing for the respondent has contended, on the other hand, that in the absence of any specific provision for restitution on reversal of an 'order' as di......ower cannot be exercised when restoration, if allowed, will run counter to the interests of justice. The view taken by the learned Subordinate Judge that "section 144, Civil Procedure Code connotes an order" is not correct since an order for pre-emption is not a decree. This order may ..Category: Civil Law | Date: | Hits: 82
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....he sittings of the Court will itself be meaningless. This, however, does not lead to the conclusion that a Labour Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or Incapable of sitting as a member, it ...... 7. It is seen that though the existing facilities of management staff in Group-III have been made applicable to respondent No. 1 who is the Chief Driver of the oil tanker, the note shows that he will not enjoy certain facilities of Group-Ill management staff. It will not be,..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... the respective Assistant Presiding Officers of these two centres. In cross- examination by the appellant, he stated that he could not say what was declared at the spot but while B N. Goswami handed over the result at 11-30 A.M. to his office on 14-8-77 then none opposed the result. The Pre...... unused sealed ballot papers in the boxes of the appellant; (f) consolidation of the result-sheet by the Returning Officer in form "K" has no basis as at least the two above noted Presiding Officers did neither count the ballot papers on the close of the election nor sign..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....or War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Ad......ovision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force. The Constitution has demarcated a clearly defined class of citizens denoted as disciplined force, and they have been brought within ambit of the special legislation and..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....emo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....tion to this procedure contending that having taken recourse under section 7(2)(a) he could only make the bulk valuation under sub-rule 9 of rule 8 The contention of the Revenue, on the other hand, is based on the expression "making such adjustments therein as the circumstances of......sion was given under the old law before the amendment. But then the Patna High Court took the view the Wealth Tax officer must follow one of the two methods but not both. The Madras High Court, as noted in 92 I.T.R. 101, also clearly laid down that the Wealth Tax officer can follow any of the al..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....bsp; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affir......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....e is that while possessing and enjoying the said properties acquired by him with his own fund, he exchanged the aforesaid Dum Dum Road properties with schedule B properties in Dacca of Maran Chand Sen Zohari; and that he exchanged the premises No. 207A, Park Street, Calcutta for half share ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
15511550154215401536153515311530152515241523152215191517151415121509150615051503