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Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......osition of law goes, it is now well settled, that in a case where the question is between two or more brothers of a Hindu family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there was a joint family and there was & nucleus of ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... transferor, formed one class. In such transfers the transferor remains to be the real owner but he holds property in the name of the transferee. The other class consists of transfers where a person purchases property in the name of another person. In such transfers, there is a real transac..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... DIT attracts the definition of an industry' as given in section 2(XIII) of the I.R.O., the application under section 34 of that Ordinance for enforcement of any right guaranteed under 'any law' to a person who is a worker under the Industrial Relations Ordinance is quite maintainable." 4. These..Category: Labour and Industrial Law | Date: | Hits: 108
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ...... reveals that the Government has power to cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where, such allotment, lease or agreement has been granted or entered into after the 25th da..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ragraph (b) of paragraph 3 were illeÂgally removed from the State Bank of PakisÂtan or any of its branches or from any office or branch of any other bank or any Govt. treasury, and (ii) whether any person surÂrendering any such currency notes has evaded any tax payable to the Government. Sub-para..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......m an officiating capacity to the substantive post does not reduce a government servant in his rank. Mere length of officiating period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dis..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....le of the Assistant Manager and despite his asking the employee to return the Attendance Register the employee refused to return it. 36. The employee denied the charges before the Inquiry Officer in both the proceedings. His case, inter alia, was that in February 1973 ......for the purpose of defining that word or discovering its proper meaning. 14. Section 25 of the Act of 1965 is as follows: "(1) Any individual worker, including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employme..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......s, including orders of injunction and other interlocutory orders passed in suits, appeals, applications and other legal proceeding shall cease to have any effect and no Court shall entertain and no person shall bring any fresh suit, appeal, application or other legal proceedings in which the leg..Category: Property Law | Date: | Hits: 66
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......hen again admitting that the disputed property is an abandoned property and it vested in the Government, the execution of the impugned sale deeds by the former owner of the property or by any other person in his own name and under his own signature in favour of another does not attract the offenc..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......aw raised on behalf of the appellants is that the High Court of Baghdad-ul-Jadid erred in holding that the onus was on the plaintiffs to prove "that the rule of inheriÂtance in their family is their personal law and not the customary law". Learned counsel points out that under section 5 of the Punj..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was..Category: Administrative Law | Date: | Hits: 106
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......end to office, He was also on leave on 4-3-59. On the morning of 4-3-59 I sent Daftari Aziz to his house to get Govt. cheque signed and to obÂtain the duplicate key of the safe and also a private personal cheque for Rs. 650/-. At about 11 A.M. Aziz brought the key and cheque Ex. 32 as also the ..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be canÂcelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......applications. The observation by the learned Judge of the High Court that it is the normal habit of the complainants in the districts of Punjab to implicate almost all able bodied family members of a person accused of murder to look after the case, may prejudice the prosecution of the present caseâ€..Category: Criminal Law | Date: | Hits: 60
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......s that the transfer was by the two partners, Mr. A.K. Khan and his wife to a company of which they were the only shareholders. Who then made profit and from whom? The fact that the company is a legal person entirely distinct from the partnerÂship firm does not by itself, in my view, point to the co..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......l Court gave only the following reasons:— ''So far as I am aware there is no known principle for assessing the quanÂtity of damages (or compensation) in a case of this nature (where the person killed is not as earning member of the family. Under the circumstances of the case, I am incl..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....unÂsel for the parties and the Assistant Advocate General for the state and decided to hear the petition as an appeal. The  appellant has filed an extract from the proceedings in the Court of the Inquiry Magistrate which shows that after the first application for bail was disÂmissed by the High......he High Court of Lahore dated the 28 August, 1970, in Criminal MiscellÂaneous No. 4605 of 1970). Judgement: Muhammad Yaqub Ali J.—The respondent No. 1 is charged along with 19 other accused persons under sections 302, 307 read with sectÂions 148 and 149 PPC. According to the FIR, the accu..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......n of an order passed by the Tribunal pending hearing of the appeal is ancillary to the power conferred upon it by section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: ..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... in arrear and then purchased the property in the benami of his relation. Section 167 of Bengal Municipal Act, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) d..Category: Banking Law | Date: | Hits: 230
The Advocate-GeneÂral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ...... 4. The prosecution examined 6 witnesses and exhibited some documents including the Migration Certificate (Ext. 1). Relying on this evidence the learned Magistrate took the view that “the accused persons lost their Pakistan citizenship immediately on their migration to India and they are very mu..Category: Criminal Law | Date: | Hits: 59
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