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Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....is submitted that Government is not a party in these appeals, but the officers of the Government are parties and the relief contemplated in these appeals are not against the officials in their personal capacity and since the relief is on account of the actions taken by them in their official......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......732, 733 and 734 belonging to Harilal Goswami and his co-sharer was requisitioned in L. A. Case No. 91 of 1962-63 for the purpose of D.I.T. staff quarters as additional lands under the Requisition of property Act and that plot No. 694 along with other lands were shown in the notice issued under sect..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....bject to which the suit land had earlier been transferred to defendant Haji Abdur Rahman for Rs. 700/-. The defendant, however, contested the suit, pleading that a right to reconveyance was a personal right and as such not transferable; and accordingly the contract for reconveyance was not ...... respect of the self-same land purporting to be of sale in favour of Shahar Ali, who also died during the pendency of the second appeal, for a consideration of Rs. 2000/- reciting therein that the property had already been transferred to the defendant Haji Abdur Rahman for a sum of Rs. 700/- sub..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......nemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Messrs Indo Pak Pharmaceutical Works Ltd., being an enemy property, all properties and assets of the said firm as mentioned in the schedule of the said notifi..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....n law independently of any statute, though the right has been confirmed and regulated by statute." The writ of habeas corpus thus provides a powerful and effective safeguard for personal liberty against unwarranted and arbitrary encroachment thereupon. Habeas Corpus Act of 194......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ny likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver th..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ...... of a public servant who commits the offence of criminal misconduct which are mentioned in Clauses (a) to (d) of sub-section (1) thereof. An act of dishonestly or fraudulently misappropriating any property entrusted to a public servant constitutes an offence of criminal misconduct under cla..Category: Criminal Law | Date: | Hits: 44
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......case was that Maleka was murdered by some one else and not by the prisoner and that the probability of Habi Durani having committed the murder of Maleka due to the quarrel over their ancestral property could hardly be ruled out. The fact that Habi had come to the house of Yasin with his son ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... registration. Delivery of possession is not so vital as in the case of sale under the Mohammedan Law. There are a number of decisions of different superior Courts supporting the view that the personal law regarding transfer of property cannot override the statutory law, that is, the Transfe...... of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......ersion on her death. Defendant No. 2, it is alleged, by collusion and fraud, obtained a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for tra..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... 2. Appellant Abdur Rouf filed an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ...... dismiss the respondent on the allegation of misconduct and as such was passed malafide. 4. The appellants obtained leave to appeal for consideration whether an employee of an abandoned property, whose services are regulated by any rules framed by the Organisation can maintain an..Category: Employment/Service Law | Date: | Hits: 112
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......he suit land. In the plaint the plaintiffs prayed for the following reliefs: (i) For a decree against the defendants declaring the plaintiff's sole right, title and interest in the suit property; (ii) For a decree against the defendants entitling and declaring the plaintiffs t..Category: Property Law | Date: | Hits: 60
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... be continued by Khadem of the Darbarsharif. The deceased plaintiff himself has disowned the character of the wakf property and from averments in the pleadings it appears that he treated it as his personal property and his right to continue as Sajjadanashin was also a personal ground. As it has ...... in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Order 22, role 10 of the Code of Civil Procedure in place of the deceased plaintiff when the property is not wakf property. 6. Mr. Ahmad Sobban, the learned Counsel appearing for the d..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....aph 15 reads as follows: (a) "The returns/reviled returns or a consolidated statement of Income would be examined in the light of the wealth statements. It after taking into consideration the personal expenses and in the case of existing Assessee inadmissible expenses which were not allowed ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....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. ......hether the Will is duly executed and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ed the appellant ad hoc rank and status of Joint Secretary in 1974 and in 1975 he was given the ad-hoc rank and status of Additional Secretary and during the period of 1974-1975 the appellant was the personal physician of the President of Bangladesh. 6. On November 22, 1978 the appellant was i......quitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land Tax Act, 1955 which subjected the same class of property similarly situated to an incident of taxation which resulted in inequality, the Court obs..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....e determined here is whether, after the nationalisation of the Company and its placement under the Corporation, it ceased to be a Company, or in other words, lost its nature and status as a corporate personality with which It was clothed at the time of its incorporation under the Companies Act, 1913......government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in sections 5,6,8,9, 13 and 21 of the Order. 14. Still the question remains ..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....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. ......t Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being an enemy property the suit was incompetent. Facts are not long, nor are they in dispute. The property in res..Category: Property Law | Date: | Hits: 39
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....) Ordinance, 1972 (the President's Order No. 67 of 1972). Charges against him were as follows:— 1) That the respondent had abused his power of office by utilising the police force for some personal purpose and with its help assaulted the members of the family of Abdur Rashid and Jainal ...... 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. ..Category: Employment/Service Law | Date: | Hits: 102
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