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Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......nswer such a question except at a high level of generality". (Underlined supplied). 24. In Article 135 of our Constitution a person holding any Civil post in the service of the Republic is entitled to a second show cause notice in the event of dismi...... of the appellants in their written statement and the cases of Managing Director, Janata Bank Vs. Hafizuddin Ahmed, 29 DLR (SC) 39, ASA Noor Vs. Registrar, Joint Stock Companies, Dhaka, 1 BCR 1981 (AD) 142 and Mosharrqf Hussain Chowdhury Vs. General Manager, Titas Gas Transmission and Distributio..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....lia, is that some of the present defendants and the predecessors of some other defendants took settlement of ‑/12/annas share of schedule 1 land from Ramanath Ghosh Estate by executing a registered Kabuliyat dated 24th Jaistha, 1321 BS (certified copy Ext. B) but possessed the entire ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....n statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sultana, respondent......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....dul Gafur Sardar and ors. Vs. Wazedali Talukdar and another, 19 DLR 33 (37) wherein it is observed that "the Mukti‑patra cannot confer the title on any party unless it is supported by a registered deed of transfer‑kobala or gift" the trial Court held that the deed of releas......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... (6) Is the plaintiff entitled to any declaration as prayed for?" The plaintiff’s suit was for a declaration that the order purported to have been passed by the ADC(Revenue) in Case No. 1/62‑63 under the provisions of Act forfeiting his land is illegal, ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....operty fell in the saham of Abinash Chandra Mitra who died leaving behind three sons, defendant Nos. 4-6 (respondents 3‑5) the Mitras, who transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plain......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....nt and decree of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t of out and out sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......ী পালন ব্যাতিরেকে সরকারের কোন অনুমতির প্রয়োজন নাই।” The Ministry of Commerce does not appear to have been posted with the special facts of the case as was the Bangladesh Bank and as such the Bank's instruct......dingly, these appeals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... pre‑empt the sale. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the p......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......nal statement that he entered inside the room of Zahura Khatun and inflicted dao blows on her face and neck. This is the positive statement of the maker himself. PW 7 Dr. Md. Lutfor Rahman who held post‑mortem examination on the dead body of Zahura Khatun found the following injuries on he......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....ate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court of East Pakistan being First Appeal No.343 of 1970. The appeal was registered on 24.12.70 but as there was s communication gap in calling for the record of the lower ......sp; Ed. ......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ll that is treated as law in this country including even the judicial principles laid down from time to time by the Superior Courts. It means according to the accepted form of legal process and postulates a strict performance of all the functions and duties laid down by law. It may well be, ...... Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government of Bangladesh Vs. Ahmed Nazir, 27 DLR (AD) 41: Kh. Ehteshamuddin Ahmed, Vs. Bangladesh, 33 DLR (AD) 154 ; Halima Khatun Vs. Bangladesh 30 ..Category: Constitutional Law | Date: | Hits: 365
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....urt Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are that the appellant is a Co-operative Society registered under Co-operative Societies Act, 1940. The object of the appellant-Society is to improv......ourt Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour Court, Chittagong directing re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Div......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....arging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association registered under the Society Registration Act and is said to be a religious institution. He filed a...... (the 27th and 28th being Saturday and Sunday respectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, that the rule in question was posted, for hearing as item No. 8 in the Daily Cause List of the Court on the 25th January, 1968, t......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....in respect of the appellant's income during the- next five assessment years, viz. 1958-59 to 1962-63. 2. The appellant is a public limited Company incorporated in India having its registered office in the city of Calcutta in India. By virtue of an agreement made on 19-3-47 the a......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....nd not the assets 'of the company. We refer to Article 8 which runs thus:- "8. (1) Where any abandoned property consists of shares in any company- (a) the Government shall be deemed to be the registered holder of such shares and, notwithstanding anything in the memorandum or articles of as......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. .......-12. 71, when Mr. Saifuddin one of the Directors was present in Bangladesh and managing the affairs of the Company, by a notification which runs thus:- GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH MINISTRY OF INDUSTRIES NOTIFICATIONS No. 186-SL-31st December, 1971—In exercise of the ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... was opposed by Respondent No. 1 Ashrafun Nessa and an application purported to be under section 47 of the Code of Civil Procedure (hereinafter referred to as the Code) was filed by her and it was registered a Miscellaneous Case No. 50 of 1967. It was stated therein that, in te......procedure would apply. This decision refers to the application of section 141 of the Code and so relates to the proceeding of the pre-decree stage but in the instant case we are concerned with post-decree stage. In Kilchand Devachand Vs. Ajodhyaprasad Sukhanand (A.I.R. 1934 Bom. 452) Kania,......o. 1. Having regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....originally belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the pla......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ...... with costs, Judgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... the Mutwalli and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land alon...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
....sition of his title from Subhan's heir on the basis of Patta Ext. 4, yet prescriptive title of his predecessors may nonetheless subsist by continuous possession of Subhan and his heirs. Plaintiff's registered patta Ext. 4 as a genuine document remains unchallenged, and so, if, he can show possesso...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... the parties to call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....nbsp; 1963-64. of 1971 10. The assessees are foreign shipping companies registered in U.S.A. The Companies ply their ships in different countries of the world includi......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
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