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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....arers had lost their interest in the land in question by transfer or otherwise and that the High Court Division illegally shifted the burden of proof upon the pre-emptee in this respect. It is not disputed that the left-out Persons are co-sharers by in-heritance. But there is no evidence whateve......e application suffered from defect of 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 pr..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... is pleased to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 16. Referring to his ability as a reputed doctor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot b......her a particular tax could not even be imposed in a different way or in a way the Court might think more just and equitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land Tax Act, 1955 which subjected t..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: ......gladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission and Distribution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......of a citizen, the Court in obliged to decide whether the observance of toe principles was necessary for a just decision, in the facts and circumstances of the case. The High Court was wrong in holding that just because the licence was subject to condition the licence could be penalized with..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....s or description of the office held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and the designation of Chief Mart......hat the President Mr. Justice Abusaadat Mohammad Sayem assumed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose ..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. ......n 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 went on leave in November, 1975. He was served with a notice dated December 2..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. ......rties, who as required in the law, appeared, on consideration of the report submitted by the Magistrate as per direction of the Thana Magistrate and after hearing of the parties and holding local enquiry the Thana Magistrate by his order dated March 15, 1975 directed for restorati..Category: Constitutional Law | Date: | Hits: 153
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. ...... facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acres of land dated October 25, 1965 ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ctions became void ab initio, and consequently production of a certificate from the appropriate authority concerned was no longer necessary, and as such, the disputed sale deed was validly registered. 7. High Court's' judgment is founded prac......roperty by the members of the minority community was that registration of instruments of transfer was made conditional on the granting of prior permission by the Deputy Commissioner concerned after holding, the necessary inquiry to ascertain whether or not the proposed transfer was in due course..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......s objection was negatived by the Executing Court, the Lower Appellate Court and the High Court Division in the Second Miscellaneous Appeal. The High Court Division dismissed the appeal holding the decree-holder is entitled to the benefit of the provisions of section 14 of the Limitat..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....ection 145 denied any apprehension of breach of the peace from their side, but the learned Magistrate (one Mr. Kazi Farid Ahmed) nevertheless, pursued the papers of both the parties relating to the disputed land and by an order dated 16 October 1978 asked the second party to execute a bond with s......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
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......ion of the Estate Officer. The Act of 1971 did not leave any such discretion and kept only one procedure alive putting retrospectively the other procedure out of action. The Supreme Court while upholding the constitutionality of this Act observed: "The validity of the 1971 Act depends on the..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......ity Act 52, the Public Safety Ordinance 58 and the Bangladesh Schedule Offences (Special Tribunal) Order 1972(P.O. 50 of 1972). It is legitimate in interpreting an enactment to see the law that was holding the field previously and what manner it has been repealed. P.O. 50 of 1972 provides ap..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......s a major penalty yet the respondent it seems cannot get the relief for which he came before the Court of law. To my mind the charge proved calls for a minor punishment, namely, censure or withholding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for reco..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bibi, wife of Syed Abdul Hakim by kabala Exhibit 1...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......sion Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of section 10(1)(vii) was not attracted, whether the High Court was wrong i..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....nefit under a deed executed by a pardanashin lady is required to prove that she had independent advice about the transaction and that she understood the terms incorporated in the deed, what is disputed is that the proposition of law does not extend to bona fide transferee from the said bene......fzan Bibi in favour of her younger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......al enquiry will be as laid down hereunder in Statutes 7, 8 and 9.
7. When an employee of the University is charged with an offence the maximum penalty for which is dismissal the procedure for holding and enquiry shall be as follows:
(a) A charge-sheet shall be presented to the delinquent..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......quirement of the law it that the accused mutt be produced before a Magistrate after his arrest but the appellant was not produced before any Magistrate. Sec. 167 of the Code of Criminal Procedure was holding the field and the Regulation 2(a) was promulgated on 28-12-1976 that is after a month. Secti..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....ivision in revision having concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred where&sh...... contiguity. His claim was accepted by the High Court Division but was rejected in appeal by this Division. Facts are that under a sale-deed five different plots of land belonging to five different holdings and recorded under five different Khatians, were transferred. Those plots were themselves ..Category: Property Law | Date: | Hits: 66
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