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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
..... 70 corresponding to 20 IA 165. Their Lordships of the Committee observed: "a sale is a sale made under the Act, XI of 1859 within the meaning of that Act. when it is a sale for arrears of Government revenue held by the Collector or other officer authorised to held a sale under the Ac......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......upon them. The recorded owner of jute No. 5, Rajab Ali never received any notice, nor was any notice issued for affixation at proper place. Further, the tenant’s ledger would show that there was no dues as stated in the sale processes and proclamations upto 31st January 1953 in respect of jute N..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the respondent (defendant No. 1) prayed for s......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......both oral and documentary, has been led by the appellant. It is that after the purchase under Ext.1, and when Hashmatullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connection the appellant filed an..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....e Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......l 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the t..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... that proceeding". These two all-important ingredients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public ...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......icate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measuring one acre was directed to be sold in auction for realisation of some government dues. On 12-3-1964 a public auction was held for the purpose and three brothers namely, Abdul Ghani ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ider whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide for complaint to be made by the prescribed authority or an officer designated by the Government for violation of the provisions of section 4, a private citizen was competent to lodge a ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... the parties concerned on 2.10.68. In another notice of the same date i.e. dated 20.1.72, they cited reasons of declaring the properties of M/S. Hajee Mohammad Ali & Sons to be confiscated to the Government for reasons of state enemy but in fact the petroleum company has failed to produce any ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......lows ". I. Loss average monthly income from 18.1.72 to 20.5.77 @ Tk. 2.000/- per month amounting to Tk. 1,28,000/- II. Outstanding credit dues from Customers Tk. 7,000/- III. Deposit to defendant No.1 f..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....e opportunity of being heard in support of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as u......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....…..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ecover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local Government Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintif..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......rding to the further case of the plaintiff the defendant No. 1 Sashi Mohan Saha and his brother late Lai Mohan Saha who were occupying a part of the buildings as tenants under Modhusudan Saha at a rental of Rs. 125/- per annum, took the entire buildings from the plaintiff on rent at a rental of......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....; Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Governm......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. ......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
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....uq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calc......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....iately. Plot 'A' marked in the sketch consists of plots Nos. 732, 733, 734, 694 and 737 only. As per order of the Chairman, the above plots be derequisitioned....please communicate decisions to Government for approval and endorsement. Derequisition notice be issued after obtaining Governmen......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. ......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. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
.... is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....whether having regard to the provisions of the President's Order No. 29 of 1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of Bangladesh thereunder, the said Government was a necessary party in the application ......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. ......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. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... in the said Constitution. Ed. ......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. ......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
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
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