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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. ......y (Confluence of Emergency provisions) (Repeal) Act, 1974 (Act XLV of 1974) and the vested and Non-Resident Property (Administration) Act, 1974 (Act XLVI of 1974) which, according to him, reflect the post liberation policy of the Government of Bangladesh in respect of such properties and assets as a......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
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......ia struck on the head of Shamsul Huq with iron rod and Idris Pandit therefore, stabbed him on the back with dagger is not borne out by the medical evidence of P.W. 5 Dr. Mustafizur Rahman who held post mortem examination on the dead body of Shamsul Huq. The Doctor found the following injuries on......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
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. ......atun and others and learnt from them that prisoner Abdur Rashed had inflicted Dao blows on Maleka and then ran away towards east. The remaining two witnesses are P. W. 3 Dr. Salahuddin who held the post-mortem examination on the dead body of Maleka and P.W. 6 Mir Murtaza Ali who investigated the ......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. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....n tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul Huq and Anwarul Huq who sold the same to the appellant by a registered kabala dated October 12, 1957. On October 13, 1957 the plaintiff came to learn about the......quot;I have executed the deed of absolute sale and jointly received Rs. 2,000/- as per recitals in the body." The recitals also showed that the passing of title the vendee was not to be postponed to any date beyond the date of execution of the document. Intention of the vendor was mad...... 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. ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... plaintiffs' title and possession and contending that the Kol-karsha was in existence from 1938, that it was created by the rightful owner of the Karsha, namely, Jalada Sundari, by granting a registered Dakhila dated September 20, 1938 on her behalf as well as on behalf of her other co-shar......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving t......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. ......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. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ule 'B' to one Sakina Bai by a sale deed dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portion of 'A schedule property and structures to the appellant by three registered sale deeds dated September 1, 1972- Since then the appellants have been living in that h....... 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. ....... 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. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... the purpose of its management. 3. The relevant facts which led to the formation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried on business of distribution and marketing of p......r of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the individual holding such post: Only because the overwhelming share-holding interest of the company is vested with Petroleum ......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. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registered Society under the Bengal Co-operative Societies Act 1940 and proforma-defendant No.......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. ......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. ..Category: Property Law | Date: | Hits: 60
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... and West Steamship v. Pakistan, (1958) 10 D.L.R (SC) 52—PLD 1958 (SC) 41, constitutionality of the provisions of Section 3 of the Control of Shipping Act (XXVI of 1947) which provides that no ship registered in Pakistan "shall be taken to sea from a port or place within or outside Pakistan except....... Fazle Munim J.- This appeal arises from the judgment and order of 3 Bench of the High Court Division passed in Writ Petition No. 489 of 1980 on July 26, 1980. 3. The appellant who held the post of Professor of Medicine and Director of the Institute of Post-Graduate Medicine and Research......ed without any order as to costs. 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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....eneral (Additional Function) Act, 1974, the expression public enterprise as defined in clause (cc) provides as follows: (cc)"public enterprise" means a company or firm, whether incorporated or registered or not, in which the Government has at least fifty per cent share or interest." ......t Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterpris......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: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... from the judgment and order of the High Court Division passed in Writ petition No. 1003 of 1978. 2. The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under section 26 of the Companies Act read with Section 3 of the Trade...... any lawful authority. Ed. ...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
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. ......Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted ...... Chowdhury, a co-accused in this case upto certain stage, being Civil Petition for Special Leave to Appeal No. 184 of 1978. In this petition the question of illegal transfer Reports on (1980) 32 DLR (AD) 100 was raised, which called for an examination of the question what is meant by the expression ..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. ...... of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he w...... of the majority, 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
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....legality of the document both the first appellate Court and the High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was......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. ......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. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ation for pre-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. 1950 was filed by the appellant claiming to be owners of the lands contiguous to the land sold by a registered kabala for consideration. The application was contested by the transferee contending, in......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......on in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same has been correctly applied to the facts and circumstances of this ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....f a decree or order of any Cm! Court tot provided for by section 48 of the Code of Civil Procedure, 1908. Three years; or where a certified copy of the decree or order has been registered, six years. 1. The dale of the decree of order, or ......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: ......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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... 1 of 1964) which put restriction on transfer of land belonging to the members of the minority community, the plaintiffs refused to register the sale-deed, whereupon he got the sale-deed registered, by obtaining necessary permission from the competent authority as required under t......ndamental Right on September 16, 1965 by the Emergency proclaimed in the country on September 6, 1965, sections 4 and 6 of Ordinance 1 of 1964 did not receive, because, according to them, once post constitutional provision is declared void being in violation of any Fundamental Right, by ope......document of transfer of land, but as to the validity of the sale-deed the High Court Division, relying on a decision of the erstwhile East Pakistan High Court in Chittaranjan Sutar's case, 17 DLR (AD) 451, held that the sale-deed was not hit by the Ordinance as the relevant provisions of th..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... transferred the land to a third party. The Magistrate, however, thought it proper to proceed with the case. During the pendency of the proceeding under section 145 of the Code, which was registered as Misc. Case No. 187 of 1974, the first party filed an application on 25th August, 1978......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....depreciation allowance for one year only with regard to such plants, machineries and ocean going ships for the year in which such plants, machineries and ocean going ships were installed and registered in Bangladesh. There being no provision for additional allowance of depreciat......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
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