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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......ensation under the Act arises on the acquisition of the property. It is therefore the law on the date the property stands acquired is in force shall prevail. We find no justifiable reason for holding, that when the dispute for payment of compensation, or the reference is made, that the law ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....culture and that there would be a kind of close or compact habitations. This is consistent with the ordinary concept of a village and a town; a village is regarded in general to comprise mainly an agricultural area with a sparse population, while a town generally denotes a comparatively concentr......der Article 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... the well-recognised rule of construction of a status. 16. It would, however, be noticed that there is no reference to "Government Servant' or 'Public Servant' in Article 135. It is a person 'holding a civil post in the service of the Republic’ who is entitled to the protection provide..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... my opinion, assessment of compensation made by the Land Acquisition Court under section 93A of the Town Improvement Act is not applicable, and the Bench of the Dacca High Court was correct in holding that the appeal preferred to it was incompetent. But at the same time I am also of the view..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... filed a suit being Title Suit No. 157 of 1965 in the 6th Court of Munsif, Dacca against Azharuddin Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Panch Bhai Ghat Lane within Police Station Sutrapur, Dacca originally belonged to on..Category: Tenancy Law | Date: | Hits: 76
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......Sonargaon PS Case No. 2 dated 4-3-1987 was registered as the first informant although investigation in respect of the incident in which Driver Siddique Bhuiyan alias Raja Mia died started with the holding of inquest of the dead body of the said driver, after query about the incident from the per..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......sion in Writ Petition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the People’s’ Republic of-Ba..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......ies Act, 1991 (XIV of 1991), Section 103 The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Ban..Category: Civil Law | Date: | Hits: 112
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......nder the Special Laws by the courts as have been set up for trying the said special cases and not by the Court having general jurisdiction to try criminal cases under the Penal Code, and, as such, holding of trial of the offences in the special court and ordinary court cannot be considered beyon..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......dgment and order passed by the High Court Division in Writ Petition No. 1093 of 1989 making the Rule absolute and declaring that the order of the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawf..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......issuance of the Rule stayed publication of the result. 4. Appellant’s case, upon denial of the allegations of the respondent No.1, was that there was no illegality in the holding of poll and consolidation of the result as well as in declaring him elected by the Returnin..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......n untenable grounds and on hearing the parties the Adalat by order dated 15-3-1997 rejected the petition for compromise decree. It is the case of the petitioner that the Artha Rin Adalat was wrong in holding that respondent No. 2 was not agreeable to compromise. But in the letter dated 25-2-1995 res..
Category: Civil Law | Date: | Hits: 109
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......the aforesaid two applications by filing written objection. 5. The trial Court by its order dated 16-8-89 allowed both the 3rd and 4th applications for amendment of the plaint holding, inter alia, that such amendment does not change the nature and character of the suit. Agai..Category: Property Law | Date: | Hits: 58
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......ule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an application is not maintainable have no force at all. &..Category: Property Law | Date: | Hits: 57
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......the material allegations and stating that the case is not maintainable and barred by limitation, estoppel, waiver, acquiescence and defect of parties. His case it that he is a co-sharer in the suit holding and, as such, the pre-emption case against him is not maintainable. 3...Category: Property Law | Date: | Hits: 65
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......drew up proceeding under section 145 of the Code of Criminal Procedure and attached the property and appointed the Officer-in- Charge as receiver. Although the proceeding was started in respect of holding No. 58/1 of Purana Paltan the receiver on the basis of the proceeding not only took over po..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......afide for expansion of his business. But the learned Single Judge of the High Court Division misdirected himself in reversing these findings of fact reached by the trial Court on legal evidence in holding that the appellant did not utter a word in his evidence in support of his claim of bonafide..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......verments needs to be proved by evidence that no cause of action arises within the meaning of Order 7 rule 11 CPC. He further submits that the learned Judge of the High Court Division fell in error in holding that the suit is barred by section 42 of the Specific Relief Act that in not holding that a ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... such, he is entitled to be acquitted on the ground of benefit of doubt. 6. Learned Deputy Attorney-General submits that the learned Judges of the High Court Division erred in holding that since evidence of PWs 2 and 4 is not acceptable so the evidence of all other witnesses..Category: Criminal Law | Date: | Hits: 55
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