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Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......rred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural tenancy without a registered document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with buildi...... sum of Rs. 7,500/ as gift tax. Unfortunately, the donor expired on the next day, i.e. on 22.12.68. The defendants are the sons of consanguine brothers of the grand father of the donor and during the life time of the donor the defendants had no connection with him. 3. The defendants filed a pet..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......…………..................Respondents (In both cases) Judgment May 31, 1979. Result: Rules in each of the petitions are made absolute. Cases Referred to- American Life Insurance Co. Vs. Dacca Municipality in Civil Appeal No. 97 of 1977 disposed ......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... Judgment Abdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learne...... Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J in ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......dur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominur Rahman—For the Petitioner (In Writ Petition No. 447/78.) K. A. Bakr, Attorney-General, Anwarul Hoque Chowdhury, Deputy Attorney-General, Abdul Wadud Bhuiya, A.A.G.&m......itution as to election are now suspended. The Constitution's position as at present is very precarious. The Constitution has not been killed nor has it been allowed to live with full force of its life; it is subordinate to the Proclamation, Martial Law Regulations and Orders or even any other or..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....n from another angle, namely, the retrospective operation of the Regulation 3(2) is hit by Article27 of the Constitution. Article 27 is found under Part III captioned "Fundamental Rights" proclaiming: equality before law--"All citizens are equal before law and are entit......tioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 44...... “All proceedings of Special Martial Law Courts shall immediately after the termination thereof to be submitted to the Government for review and all sentences of death or transportation for life shall have to be confirmed by the President.” 51. The net result was whatever appeal..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta......ing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ...... Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium paid for loss and profit due to unforeseen circumstances as an allowable expense under Section 10(2) (xvi) of the Incom...... Estates 5. Forming Club is peculiarly a. British concept which was formed by the British planters in the colonial countries where they frequented and did not have opportunity of having a family life and also for the purpose of maintaining discipline in the administration of the Tea Estates it ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......petitioner. Civil Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule.......ch were not disputed in the court below prima facie show that the mother cherished her job more than her children Moreover, for about a year now both the children were living more a or less a settled life with their father in Dacca without the mother and as such I find no reason nor any justificatio..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......e public safety and interest and the defence of Pakistan or for securing the maintenance of public order or the efficient prosecution of war or for maintaining, supplies and services essential to the life of the community. Subsection (2) enumerated certain specific subjects of rule making power..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......in: 30 DLR (HCD) (1978) 244. ......hat of another trader as to be calculated to mislead incautious purchaser and the use of such a-trade-mark may be restrained by injunction, although no purchaser has actually been misled, as the levy life of a trade-mark depends upon the promptitude with which it is vindicated. 12. Mr. Pal has ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ......different persons both at home and abroad in order to get necessary travel documents for defendant No.1. On 9.7.72 defendant No.1 went to Calcutta and started to live there as he felt insecure of his life at Chittagong because of the abnormal situation which was continuing since the liberation. Defe..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu......n the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the community the detention order was passed. In reply, it is stated that the detenu is an i..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ......nt may, by notification in the official gazette, make such rules as appear to it to be necessary or expedient for ensuring the security, the public safety and interest and for protecting the economic life of Bangladesh, or for securing the maintenance of public order, or for maintaining supplies or ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. .......—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh ...... of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of a citizen that he cannot be deprived of his life and liberty except in accordance with law. In the instant case, an innocent man was made the vi..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the mortgagee in respect of the said vessel. The......in refers to a judgment of the Bombay High Court in the case of Bai Vashibai and another Vs. The Scindia Steam Navigation Co. Ltd. A.I R. 1961 Bom. 200. In this case in a suit for damages for loss of life filed in the Admiralty Jurisdiction of the Bombay High Court, a question was raised as to wheth..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... Adamjee Jute Milts Ltd. Dacca.…….Respondent (In Civil Appeal No. 47-D of 1968) Judgment August 18, 1976. Result: All the appeals are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 ...... the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. 2) In particular— a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken accept in accorda..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....pecial Tribunals if the same were not pending, before it on July 29, 1974? 9. Mr. Muhammad Abdur Rouf, the learned Advocate appearing on behalf of the appellant submits the following reasons-(1) Right of appeal being a vested right, it is governed by the law which was existing when the proceedi.......................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. Result: The appeal is allowed. Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC);......ed by a new provision which reads as follows: “Whoever is found guilty of the offence of hoarding or dealing in the black- market shall be punishable with death, or with transportation for life, or with rigorous imprisonment for a term which may extend to fourteen years and shall also be ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... Gurudas Saha............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the ap...... that he was resident in enemy territory within the meaning of Section 2 sub-section (1), of the Trading with the Enemy Act, 1939 at the time of the German occupation of Jersey, and that his life interest had, therefore, become forfeited under the Act. 18. Vambakas V..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ...........Appellant Vs. The State………………….Respondent Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found fa......anied by P.W.7 Constable Lal Mia searched the house of the appellant, on 18. 3. 73 in connection with Shahzadpur P. S. Case No, 4 dated 16.1.73 under section 395/397 B.P.C. and recovered 81 life cartridges of 303 rifles from two huts of the appellant. He seized the incriminating articles b..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......ppellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Morar......at the top of the Assembly Hall of the College. He was immediately removed to Dacca Medical College where he stayed as an indoor patient for about a month and could not pursue his normal avocation of life for many months thereafter. The injuries sustained by him included fractures of three toes of t..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
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