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Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....r the Appellants. Md. Yasin, Advocate, instructed by Mohd. A. Aziz, Advocate-on-Record—For the Respondents. Civil Appeal 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 Badr......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. ......another for 1/2/-annas. That after the subdivision the pre-emptor is no longer a co-sharer relating to the holding in dispute and lies no locus standi to claim pre-emption. 4. The case had chequered, career. The learned Subordinate Judge, 3rd Court allowed the Misc. Case by his order date..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
..... 1. A. Baset Mujumder, Advocate-on-Record.— For the Respondent No. 1. Ex-parte.—Respondent No. 3. Civil Appeal No. 71 of 1980. From the Judgment and order dated the 24th August, 1978 passed by the High Court Division in Civil Rule No. 652(s) of 1978. ...... 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. ...... 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. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....M. Huq, Advocate-on-Record.—For the Respondent Nos. 2 & 3. Ex-parte.—Respondent Nos. 1 & 4. Civil Appeal No. 99 of 1980. (From the judgment and order dated 28.11.79 passed by the High Court Division in Writ Petition No. 196 of 1976.) Judgment......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....nior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) Judgment......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. ......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. ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
.... Ex-Parte. —Respondents Nos. 12, 16 & 17. M.H. Khondker, Senior Advocate. —Amicus Curias. Civil Appeal No. 90 of 1980. (From the Judgment and order dated the 31.7.79 passed by the High Court Division in S.M.A. No. 6 of 1970.) 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)
....l Hossain Senior, Senior Advocate with C.R. Ali, Advocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review Petition No. 3 of 1980. From the judgment and order dated 30.11.1978 passed by the Appellate Division to Civil Appeal No. 108 of 1978. Judgment ......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)
....ash; For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civil Appeal No. 36 of 1980. (From the judgment and order dated March 24, 1977 passed by the High Court Division in Civil Revision No. 928 of 1973). J......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)
....ey-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Respondents. Civil Appeal No. 122 of 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Division in Writ Petition No. 489 of 1980) Judgment ......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
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... instructed by M, R. Khan, Advocate-on-Record—For the Respondents 1 & 2. Not represented—Respondent Nos. 3 & 4. Civil Appeal Nos. 169 of 1979 & 65 of 1980. (From the Judgment and Orders dated 19-7-79 and 8-1-1980 passed by the High Court Division in Writ Petition No. 471 of 1979 and 17......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: ......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: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respondents. Criminal Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment ......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. ......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)
....d--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 o......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
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....rom 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 1974. 2. A short question has been raised in th......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. ......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. ..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 127 of 1979. (From the judgment and order dated 14.2.1977 passed by the High Court in Civil Revision Case No. 1696.) 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
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....ed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal 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 ap......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: ......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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ucted by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 38 of 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. ......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
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....ellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment: ......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. ......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. ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1980. ......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. ......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
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....nstructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment: ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....llant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judgment: ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....the Respondent (In Civil Appeal No. 124 of 1981). S.R. Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgment and Orders dated 27.6.1980 and 27.5.1981 respectively passed by the High Court Division in Writ Petition Nos. 1...... 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
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