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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....the land transferred after the partition with his brother. In that back ground it was observed by this Division that the provision as to parties under section 96 (2) is merely directory. It may be stated here for clarification that though the provisions of Order 1, Civil Procedure Code are appli......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. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....th immediate effect. The notice was served in exercise of powers conferred by sub-section (2) of section 9 of the Public Servants (Retirement) Act, 1974 (Act No XII of 1974) No reason excepting the statement that the applicant completed 25 years of service appeared in the notice. In his petition u......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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....zation measures contained in President's Order No. 27 of 1972. The appellant's claim was that he was neither reappointed as has been observed in the judgment of the High Court Division nor was he reinstated. It may, however, be mentioned that the order of termination of his service mentioned above w....... No. 16 of 1972). There can be no doubt that the vesting of shares of the company in the government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property m..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....atee under the Will became eclipsed and must remain suspended so long the enemy char actor of the property which has now been transformed into vested property, shall continue. So long as this state of affairs continues, the plaintiff cannot get any relief, but then since the title has becom......r the Will became eclipsed and must remain suspended so long the enemy char actor of the property which has now been transformed into vested property, shall continue. So long as this state of affairs continues, the plaintiff cannot get any relief, but then since the title has become eclipse..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....r termination were submitted to the Government for review and the result of the was communicated August 29, 1978. In the communication an extract taken from the order of review was incorporated. It states, inter alia, that the review does not disclose any point of fact or law which would warrant d......he judgment is quoted below:— "So long the Constitution is in force as the Supreme law of the country, any set done or proceeding taken by a person purporting to function in connection with the affairs or the Republic or of a local authority may be made the subject matter of review by the High..Category: Constitutional Law | Date: | Hits: 292
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
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....recorded in the name of the defendant-respondents, he was compelled to file the suit. 2. The defendant-respondents 1 to 11 excepting the respondent 2 contested the suit by filing a joint written statement admitting that the suit lands belonged to Bhattacharjees; but alleging, inter alia, that t......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. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....uld be read as directory." 8. For proper appreciation of the ratio decidendi of the said decision in Motilal Sikder Vs.Benodini Dasi some facts of the case are necessary to be stated. An application for pre-emption under section 96 of the East Bengal State Acquisition a......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. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....nt findings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I agree with the judgment of Shahabuddin, J. I think it advisable not to state any views on the constitutionality of sections 4 and 6 of the Displaced Persons Ordinance, 19......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....ontending, inter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended to the Resolution dated 18-8-58, particularly rule 7 which states that granting of reward is wholly a matter of discretion of the Government as a token of its......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....AIR 1956 S.C. 432; M/s West Ramnand V. Madras E.D. Co. AIR 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. K...... 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. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ingly, by the judgment and order dated February 2, 1979 passed in Tribunal Appeal No. 209 of 1978 convicted the appellants under section 395 read with Special Powers Act and sentenced them as stated above. Against this order, the appellants moved the High Court Division in its writ jurisdic......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. ..Category: Criminal Law | Date: | Hits: 40
.... extent the findings of the Deputy Commissioner of Taxes were modified. He, however, found that the cash memos produced by the assessee did not contain the particulars of the consumers, and in this state of the record found that the Deputy Commissioner of Taxes was justified in rejecting the tradi......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
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Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....is estimate: Thereafter everybody kept quiet. However in May 74 the respondent submitted his estimate. Then in July he was given show cause notice for misconduct. The respondent officer stated that......... ''I submitted the detailed estimate in time on 9.5.74 and Superin......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. ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....g the assessment made under the said Act, and whether the High Court was correct in holding that the Company was not an assessee since 31-5-57. 4. Certain factual aspects of the case may be stated. Dacca Electricity Development Company was an assessee under the, Income Tax Act. Government...... of a decision affirmed by the Supreme Court. This upsetting of the judicial standard cannot be allowed. It would lead to an anomalous result and no system of law would tolerate such state of affairs Again, if the cases relating to income tax are not decided in accordance with the..Category: Fiscal/Taxation Law | Date: | Hits: 85
....t No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he was employed as an Overseer on June 8, 1962 and his services were placed under......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:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....er Regulation No. 11 of MLR No. 1 of 1975 in both the cases the accused pleaded not guilty to the charge and submitted his explanation under section 342 of the Code of Criminal Procedure in written statement. The Special Martial Law Court convicted him in both the cases and in Case No. 1 of 1977 s......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. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
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