Search Options
Judgment Advanced Search
Displaying 3301-3320 of 3734 results.
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......endment of section 49 of the Registration Act by inserting a proviso thereto, the sale deed though not registered is admissible as evidence of the contract of sale. In view of the above noted provisions, that is, section 53-A of the Transfer of Property Act and amendment of section 49 ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......ision reversed his findings and set aside his order as to the preliminary objections of the appellant regarding the non-maintainability of the appeal on the ground of limitation and in view of the provisions of section 72 of the Ordinance. The learned Judged who heard the appeal found it compete..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......round for proceeding, and the case appears to be one in which a summons should issue in the first instance, he shall issue his summons for the attendance of the accused. 33. All these provisions read together make the starting point of a Criminal proceeding quite explicit. It is the..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....as been served upon all of them to appear and are heard in the matter. Mr. M.H. Khondker, Counsel for the respondents, submitted that the word 'shall' used in the proviso is directory and not mandatory. Therefore, even if no notice has been given to the appellants of the application of the ...... 85 of the Non-Agricultural Tenancy Act, application for pre-emption of non-agricultural land under section 24 of the Act was maintainable. 2. Whether, having regard to the amended provisions of section 81 and insertion of section 81 (A) of the State Acquisition and Te..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. ...... Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory body set up under the provisions of President's Order No. 94 of 1972.The respondent was employed by the appellant as the ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......eting of Jamuna Oil Company Limited for the years 1976, 1977 and 1978 in the High Court Division and the High Court Division after bearing rejected the application on the finding that the relevant provisions of sections 76 and 79 of the Companies Act are not applicable to such special..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... of the society; and the plaintiffs are dot members of the society. Therefore, the alleged transfer of the land to the plaintiffs is wholly unauthorised and being in contravention, of the mandatory provision of section 72 of the Act, is illegal and the plaintiffs did not acquire any val......e suit land. On these allegations the defendants invoked the statutory bar under section 86 read with section 133 of the Act and submitted that the suit is barred under the aforesaid statutory provisions. The learned Judges of the High Court Division did not accept the contention raised by t..Category: Property Law | Date: | Hits: 60
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......ful consideration of views expressed in the cases cited above, we are inclined to the view taken by the Pakistan Supreme Court as it appears to be based on realistic interpretation of the relevant provisions of law. A decree, before it is prepared, drawn and signed according to law, cannot be, p..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....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: ......(c) If in a case falling in sub-paragraph (b) above an agreement cannot be reached between the assessee and the Department then such returns would be assessee under the Income-tax Act and all the provisions of the Act will apply accordingly. The penal provisions of M.L.R 32 will not, however, ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... individuals; they can very well be waived. In that view of the matter the positive Injunction contained in the laid sub-section as to the making of parties in spite of us being couched in mandatory language, should re read as directory". 6. And in the other case, namely A......ms to provide the co-sharer tenants and the Holders of the contiguous lands with the opportunity of availing of the provision of the laid sub-section. Since the benefit conferred under the said provisions it meant for certain individuals; they can very well be waived. In that view of the mat..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......n and though the argument of violation of Articles 27 and 29 was not advanced in those cases in. the manner it had been done in this case, it appeared that the Court was not unmindful about all the provisions of the Constitution; (vii) an order of compulsory retirement was not passed by way of..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ......entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Government of Bangladesh under the provisions of President's Order No. 16 of 1972. With the passing of President's 0rder No. 27 of 1972..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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. ......as to whether the Constitution of Bangladesh having been allowed to be continued under the Proclamation of August 20, 1975, retained its supremacy. The Attorney-General submitted that the different provisions of the Proclamations sufficiently indicate that the Constitution was allowed to be operat..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. ......dation was made by the Board. As a result thereof he received an order on July 1, 1976 dismissing him from service. 5. His contentious were that the findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and a..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....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. ......s appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whethe..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....e Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that the requirement of furnishing security bond as provided in section 17(1) is mandatory and not directory, and that being so the learned Single Judge acted in excess of his juris....... Rahim Sahib, ILR 43 Madras 597 (Full Bench) Sheshagiri, J. following the view taken by a Division Bench of the Lahore High Court in Mohd. Fazil Ali vs. Karim Khan (1894) 108 PR 1894 held that the provisions are directory. The decision in Mohd. Fazil Ali vs. Karim Khan was followed by Reid, CJ...Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......quires registration under the law, The latter proposition has no foundation in law. This observation is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers a valid power on the attorney to act as an agent for the principal d..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
..... Benodini Dasi. The learned Judge held that the provision of sub-section (2) of section 96 of the State Acquisition and Tenancy Act, 1950 retarding parties to the proceeding is directory, and not mandatory; and as such, the pre-emption application was not bad for defect of parties. On this view......l to the same. The learned Judge quoted certain passage from the decision in Motilal Sikder vs. Benodini Dasi which runs as under: "It does not appear from a perusal of the provisions of section 96 that it was the intent of the legislature that the penalty for non-implea..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......acts of the case. Mr. Khandker Mahbubuddin Ahmed has much justification in saying that on 1st August, 1979 what was done by the High Court Division is contrary to the basic principle upon which the provisions of the Code of Civil Procedure are based. The learned Judges while setting aside the judg..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......flicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. For proper appreciation of this question relevant provisions of Law are quoted below: Section 144, Civil Procedure Code. S. 144 (1). Where and..Category: Procedural Law | Date: | Hits: 111
15741573157015691568156715661560155915581555155415511550154815471546154515441543