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Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....er section 24 of Non-Agricultural Tenancy Act is not maintainable and the same is barred under section 8 (2) of the same Act. The appellants should have filed an application under section 96 of the State Acquisition and Tenancy Act. Moreover, he has, since his purchase, improved the schedule prop...... Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ....... 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. ....... 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. ..Category: Property Law | Date: | Hits: 47
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. ......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others………………&helli...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others……………………&......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. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e, Second Court, Dacca and allowing pre-emption to respondent No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The question involved in these appeals is ......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ......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. ......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. ..Category: Property Law | Date: | Hits: 49
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. ...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and ors…..........................Respondents Judgment ......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. ......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. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....assessee or other person liable to pay such [tax, penalty or interest] a notice of demand in the prescribed from specifying the sum so payable]” 9. In the case of Doorga Prasad vs. Secretary of State, 13 ITR 285, the Privy Council observed that "in their Lordships' opinion, although income-tax...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Taxes & another……………………..Petitioner Vs. M/s. Mullick Brothers…………………………………………..Respondent Judg......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: ......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....sp; 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-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of......ellip;………………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………&hel......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. ......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)
....d Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and ot......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. ......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
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others……………………&hel......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151......n (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khandaker Ehtehshamuddin Ahmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgme......s Corpus and/or Certiorari had abated by reason of the provision of the Laws (Continuance in Force) Order, 1958. The question was answered in the affirmative but when giving reasons for the decision, Muhammad Munir CJ. who delivered the Judgment, accorded legal recognition to the Martial Law itself ......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. ..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....der Chowdhury J S.Z.M. Nurul Huq…………………………………Appellant (In Cr. A. No. 22 of 1979). Vs. State……………………………&hellip......Badrul Haider Chowdhury J S.Z.M. Nurul Huq…………………………………Appellant (In Cr. A. No. 22 of 1979). Vs. State…………………………&hel......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)
....-consuls was resident at a distance of 150 miles from the place where the affidavit was sworn and the question arose whether it was admissible. An earlier decision of an affidavit sworn in the United States was cited and on the authority of the said decision, it was held to be admissible. The releva......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Nurunnessa and ors……………………………………………………………..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment ......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. ......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)
....m the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in thi......ry J Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment ......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. ......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)
.... Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhur......nt: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others……………… Respondents......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. ......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)
....d over the articles to the Sub-Divisional Officer, Satkhira, and in due course the smugglers were convicted and sentenced by a competent Court of law and the seized articles were confiscated to the State and handed over to the Bangladesh Bank. The respondent claimed reward under rule 2 of the Re...... Shahabuddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants Vs. Md. Arshad Ali………………………&he......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. ......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)
....red To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1981) 33 DLR (AD) 201; United Province V. Atiqa Begum AIR 1941 F.C. 16; Shri P.C. Mills V. Broach Municipality AIR 1970 S.C. 192; I. N. Saksena V. State of Madhya Pradesh AIR 1976 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mofizur Rahman Khan…………………...Appellant Vs. Govt. of Bangladesh…………………... Respondent (In Civil Appeal No. 73 of 198) An...... 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. ...... 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)
.... accused persons from the charge on the ground that the prosecution had failed to prove the case beyond reasonable doubt and accordingly benefit of doubt was given to the accused. On appeal by the State, the Appellate Tribunal on consideration of the evidence accepted the case of the prosecution......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. ......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. ......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
....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.
......ent:
FKMA Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Commissioner of Income Tax A- Range, Chittagong. …....Appellant (In Civil Appeal No. 34 of 1981)
Vs.
Harendra Kumar Sil………………………………………. Respondent.
And
Comm......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.
......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....at the relevant time. His immediate superior, the Superintending Engineer, by the written order asked him to take up the electrical works of the buildings for accommodation of 14 Ministers of State with their secretaries in the Jatiya Sangsad Building at Tejgaon, Dacca before the next sessi......inistry of Public Works and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman ……………………&hellip......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. ......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)
....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 (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
.... to have contravened the Ordinance and the statute made thereunder. We may refer to the principle regarding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Secretary of State Vs. Mask and Company, AIR 1940 Privy Council, 105, The Judicial Committee stated the principle......adrul Haider Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye Bhuiyan………………………………………………….. Responde......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:
......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:
..
Category: Employment/Service Law | Date: | Hits: 109
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