Search Options
Judgment Advanced Search
Displaying 3381-3400 of 3734 results.
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ccepted his joining report, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules. Thereby all the actions of the provisions, departmental proceeding starting from framing of the charges by order dated 16.6.91 wer..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......g for rejection of the plaint stating, inter-alia, that sub-sections (2) and (3) of section 4 of the Artha Rin Adalat Ain 1990 are ultra vires the Constitution inasmuch as the enactment of the said provisions, by the Parliament, investing powers with the Government, instead of the President of t..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ranches in Rangpur and other places, (see AIR 1992 S.C. 1514). In the case of Union of India and another Vs. Ladulal Jain reported in AIR 1963 SC, 1681 it has been held: "The principle behind the provisions of cls. (a) and (b) of section 20 is that the suit instituted at a place where the defe..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......; suit property is not an abandoned property and the same has been wrongly listed was sought, was rejected by the trial court under Order 7, Rule 11 C.P.C being barred under the provisions of Abandoned Building (Supplementary Provisions) Ordinance, 1985 and the High Court Divi..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......adesh, etc. having been substituted in the trial Court in April, 1972 which was before the coming into operation of President's Order No. 69 of 1972, which came into operation on 15th June, 1972, the provisions of abatement contained in Article 4(2) of President's Order No. 69 of 1972 was not applic..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ion observed that "the two Indian cases clearly show that the Indian law on the subject is quite different in the sense that sub-sections (3) and (4) of section 26A which are the relevant provisions providing for renewal are not there in the Indian Act". The case of Commission..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relie..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......any Central Act enacts that income-tax shall be charged, for any year at any rate or rates, tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, this Act in respect of the total income of the previous year or the previous years,..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......n was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be maintained if the preparation of ..Category: Property Law | Date: | Hits: 44
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255....... Respondents 1 and 2 on the same day. The deed of sale was executed on 14.2.72. The respondents while in possession were evicted forcibly on 5.2.75 without serving any notice, allegedly under the provisions of P.O. 16 of 1972. Respondent No. 1 filed an application under Article 15(1) of P.O. 16 ..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......nder section 528 Cr.P.C. to pass any order with regard to the case. In the present case, no such step was taken. The Additional Sessions Judge who was moved under Section 436 Cr.P.C. noticed that the provisions of section 436 Cr. P.C. were not attracted because the complaint was not dismissed under ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......nding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the provisions of the Constitution. The transactions which are not alive before the promulgation of P..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......stions has been well settled by a series of decision starting from 1949 till today. It is true that the earlier decisions are with regard to section 26F of the Bengal Tenancy Act but the material provisions of section 26F of the B. T. Act and those of section 96 of the East Bengal State Acquisit..Category: Property Law | Date: | Hits: 55
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......f the Order shall vest in the Government on the commencement of the Order on 28-2-1972 and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of the Order………………………(5) Once the appropriate authority decides..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... 144 was misconceived and incompetent and so dismissed the revision case. 2. The principal question is whether section 144 of the Code is available to a Court of Small Causes. To appreciate some provisions of the Small Cause Courts Act and Code of Civil Procedure are to be mentioned. First, to ..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......8(b) expressly lays down that the authority is Competent to dismiss or remove the accused from service or to reduce in rank if satisfied. In the Government Servants (Discipline & Appeal) Rules, 1976, provisions for appeal review and revision have been given whereas in President's Order No. 67 of 197..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......applications under Article 102 of the Constitution invoking the writ-jurisdiction of the High Court Division were maintainable. (ii) Whether the High Court Division correctly construed the provisions of sections 156 and 157 of the Customs Act regarding the jurisdiction of the Custom..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......te Tribunal, however, on an application of the assessee referred the following questions of law to the High Court Division: "(1) whether, on the facts and in the circumstances of the case the provisions of section 4 (3)(1) of the Income Tax Act, 1922 were rightly applied by the Income Tax ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188 of this Code. Explana..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......he parties and the evidence that the tenancy of Balaram was created on 1.1.68 and that the tenancy devolved upon his death on his heirs. The question is whether this finding is in accordance with the provisions of section 25 of the Small Cause Courts Act. Plainly it is not. The learned Judge has not..Category: Tenancy Law | Date: | Hits: 67
12991296129212891288128712841283127912761275127412731270126912671266126512621261