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Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......Court in Civil-Revision No. 505 of 1970.) Judgment:                  Ruhul Islam J.- These appeals by special leave arise out of the judgment and order dated April 20, 1978 of a Single Judge High Court Divisio..

Category: Property Law | Date: | Hits: 49

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. ......l No.122 of 1977. (From the judgment and order dated 27-8-75 passed by the High Court in Civil-Revision No. 505 of 1970.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment and order passed by High Court in Civil Revision No. 505/1970 affirmi..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

.... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ......sion in Civil Rule No. 652(s) of 1978. Judgment:                 Badrul Haider Chowdhury J.-his appeal by special leave is directed against the judg­ment and order passed by the High Court Division in the Civ..

Category: Banking Law | Date: | Hits: 130

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. ......on in Writ Petition No. 196 of 1976.) Judgment:                 Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Writ Petition No. 196 of 1976. ..

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. ......ivil Revision No. 152 of 1980.) Judgment:                  Badrul Haider Chowdhury J.- This appeal by special leave arises out of the judgment and order passed by the High Court Division in Civil Revision 152 ..

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. ....... 6 of 1970.) Judgment                  Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an appl..

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: ...... 1969 ceased to be an existing law, as it does not come within the definition of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear..

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. ......ivil Revision No. 928 of 1973). Judgment:                   Shahabuddin Ahmed J.- This appeal by special leave is from a Judgment and order of the High Court Division dated March 24, 1977 allowing pre-em..

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. ......1980. (From the Judgment and Order dated 31.1.79 passed by the High Court Division in Appeal from Ori­ginal Order No. 462 of 1976.) Judgment Shahabuddin Ahmed J.- This appeal by special leave is from the judgment and order of the High Court Division refusing to inter­fere with a judgm..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....osts. 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. .......—A public servant who is required to re­tire from or, as the case may be, cease to be in service under any provision, other than sub-section (2) of section 9 of this Act shall be entitled to such leave preparatory to retirement as is admissi­ble to him and the period of such leave may extend be..

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: ....... Being aggrieved by the judgment of the High Court Division passed on July 19, 1979 the appellant moved this Court and obtained Special Leave to appeal   on August 31, 1979. The points on which leave was   granted were: ‘‘(1) whether the appellant was in the service of the company..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... any law­ful authority. Ed.                           ......36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment: K. M. Sobhan J.- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ petition No. 1003 of..

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. ......I concur with the decision of my learned brother Ruhul Islam J. Fazle Munim J. - I also concur with the judgment of my learned brother Ruhul Islam J. Ruhul Islam J. - This appeal by special leave is directed against the judgment and order dated Jane 13, 1979 passed by the High Court Divisi..

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. ......lice 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 23, 1975 issued by the Chairman,..

Category: Employment/Service Law | Date: | Hits: 102

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 62

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. ......ourt Division in Writ Petition No. 60 of 1976.) Judgment:                  Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave ..

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. ......spondent. Civil Appeal No. 41 of 1980. (From the judgment and order 10-6-77 passed by the High Court in Civil Revision No. 396 of 1970). Judgment Ruhul Islam. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 19..

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. ...... he took settlement from the Bhattacharjees by Exts 1 and 1 (a) which have been concurrently held by the Courts below that they were invalid and the plaintiff did not acquire any title to them and no leave  was granted on the issue. 4.  As regards to the 'Kha' schedule lands all the three Court..

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. ......l Revision Case No. 1696.) Judgment:                    Ruhul Islam J.- This appeal by special leave arises from the judgment dated Feb­ruary 14, 1977 of the High Court of Bangla­desh i..

Category: Property Law | Date: | Hits: 73

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

....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: ......ppeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This appeal by special leave call in question a judgment and order of the High Court Divison dated July 24, 1979 in S.M.A. ..

Category: Procedural Law | Date: | Hits: 111