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Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......bsequent publication was made. On the contrary in the English Weekly namely, Eastern Herald dated 2-10-65 it was published that the Complainant stated in his petition that he knew accused as a person of bad character from before and he was keeping the wife of the complainant for gratifying ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......enancy Act as well as section 96 of the State Acquisition and Tenancy Act both which confer the right of pre-emption. Their application in a particular case would depend on the nature of land, the person who holds such land and the relationship between him and the person who claims to pre-empt t..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ......e Companies Act but a special type of One Member Company under section 8(2) of the Petroleum Act, 1974, He submitted that Bangladesh Petroleum Corporation and the Company are separate and distinct person in the eye of law and therefore the Jamuna Oil Company are required to hold annual general m..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....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. ......f the parties to the dispute are the Society, its Managing Committee, any past or present Officer, agent or servant or the liquidator of the society; or a member, its past member or person claiming through a member, past member or deceased member of the society, etc. the disp..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......tion under section 26(F) of the Bengal Tenancy Act, but must continue to hold the self-same interest to the date when the case is finally disposed of. It was further observed that a co-sharer means a person whose interest subsists through out the course of the application to pre-empt and not a perso..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......s, namely, that a Government servant cannot without permission of the Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Is..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......r the Sajjadanashin, a Khadem of the Khanka Darbarsharif would continue the suit. The learned counsel contended that this being a religious institution, the suit could be proceeded with by any person interested in the said religious institution and the Khadem, the respondent, is such a pers..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......decree, before it is prepared, drawn and signed according to law, cannot be, put into execution. The decree cannot be drawn except on a requisite stamped paper, but as there is no law compelling a person interested in the decree to supply stamp-paper within a particular period of time nor any pr..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......aph 15 reads as follows: (a) "The returns/reviled returns or a consolidated statement of Income would be examined in the light of the wealth statements. It after taking into consideration the personal expenses and in the case of existing Assessee inadmissible expenses which were not allowed ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... parties in that a number of co-sharers by inheritance were not impleaded in the application for pre-emption. Trie learned Munsif rejected this contention holding that the omission of certain persons a referred to in section 96(2) was not fatal to the proceeding and allowed the pre-emption...Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......obate. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) A person who claims outside or independently of the Will or claims adversely to the testator and dispu..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....llant relied on a number of decisions. To begin with reference was made to the case of Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958 SC 538, which considered the validity of the Commissions of Inquiry Act, 1952 and the notification issued under section 3 of the Act by the Central Government, ......ed the appellant ad hoc rank and status of Joint Secretary in 1974 and in 1975 he was given the ad-hoc rank and status of Additional Secretary and during the period of 1974-1975 the appellant was the personal physician of the President of Bangladesh. 6. On November 22, 1978 the appellant was i..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ......The industrial enterprises placed under a Corporation by an order under clause (1) of article 10" providing for any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or take any action whatsoever, as a result of a reduction in the n..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......n J.- This appeal by special leave is 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 ..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. ......ation of 29.11.76 and repealing all Martial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from such P..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. ......) Ordinance, 1972 (the President's Order No. 67 of 1972). Charges against him were as follows:— 1) That the respondent had abused his power of office by utilising the police force for some personal purpose and with its help assaulted the members of the family of Abdur Rashid and Jainal ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......re-from, and may, for this purpose, cause such force to be used as may be necessary. Article 10 gives the power to Arbitration Court, a Thana Magistrate or a Tribunal to issue summons to any person to appear before any Court and give evidence or to produce or cause the production of a..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......must be treated to have been validly presented as required under the proviso. Strict literal interpretation of the words "on a previous application made by him in this behalf" may cause hardship to a person aggrieved by the ex parte decree. In taking this view I do not mean to say that the applicant..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....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. ......as been observed by the learned Judge that the power of attorney is not a document which requires to be compulsorily registered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....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. ......asi which runs as under: "It does not appear from a perusal of the provisions of section 96 that it was the intent of the legislature that the penalty for non-impleading a person as contemplated in sub-section (2) is the invalidity of the order which may ultimately be m..Category: Property Law | Date: | Hits: 73
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