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....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......d by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view of section 20 of the State Acquisition and Tenanc..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......50,000 B. Twill gunny bags, the consignee being Storage and Movement Officer (S & M.O.), Civil Supply Department (CSD) Halishaher, Chittagong and S&M.O., CSD, Khulna. Plaintiff-respondent’s case was that the goods under the contract were supplied to the nominated consignees on different da..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......Court Division, being Reference Application No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circumstances of the case, the Appellate Tribunal was right in holding that the original order of the Income Tax Office..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......both the letter and spirit of clause (a) of sub-section (10) as quoted above. “Co-sharer” as referred to in this clause is a person to whom the disputed transfer has been made. Certainly, in this case, disputed transfer under the Kabala dated 25 July 1975 was made to these appellants-pre-emptees..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......no scope for introducing a supposed rule grounded on vague principles of natural justice. To do so is to introduce fancied notions in a procedural law which the Legislature did not provide. In this case the parties were aware of the appointment of the commissioner and the defendants did not challe..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......olve the controversy the first thing to consider is what are the “proceedings”. For explaining the meaning of the expression “proceedings” Mr. K.A. Bakr, Attorney-General, referred to a few cases decided by the Supreme Court of Pakistan. While submitting that all pending applications und..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorous imprisonment for a further period of 3 (three) months. 2. The prosecution case, in short, is that the informant and Md. Quamruzaman were on duty in the bus terminal on 13.11...Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... of the Sales Tax Officer. 4. In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the facts and in the circumstances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......t of under section 96(2) of the Code of Civil Procedure though concurrent are entirely distinct in their scope. It was further submitted that the attention of the High Court was not drawn to the case of Sajeda Khatun Vs. Mostafa Khatun reported in 28 DLR 221. 10. An ex parte decree is passe..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......nd he was sentenced to transportation for life, rigorous imprisonment for seven years, and rigorous imprisonment for two years respectively, the sentences to run-concurrently.
2. The prosecution case was that on the night of 13th December, 1967 at about 8-30 P.M. the complainant Fazlul Haque al..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......or Leave to Appeal is directed against the order dated the 23th day of September, 2007 passed by the High Court Division in Writ petition No. 1706 of 2005 discharging the Rule. 2. The facts of the case, in short, are that the petitioner filed an application on 20-10-2003 before the Chittagong por..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent is payable, or in the cases provided for in section 19, unless the tenant has deposited such rent or any subsequent rent..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......rned, it is plain that the law asks the court presume due execution and authentication of a power of attorney, if it is so done, amongst others, by a Pakistan Consul or Vice-Consul. In the particular case it was done by the Deputy High Commissioner of Pakistan in Calcutta. It is also to be observed ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......ting the claim in a civil Court in the absence of any such right to sue in the law. 9. On reading sections 45 to 47L of the Act, we do not have any doubt that in the facts and circumstances of the case, the appellant has no right to sue in a civil Court for the simple reason that an insurer does ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......the contrary is proved by the petitioner. 22. Further submission of the respondents are that Article 27 of the Memorandum and Articles of Association of the CCCI, being a latter Article, should in case of conflict, prevail over Article 26. Lastly, the Courts are generally reluctant and will rarel..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ...... be called in question except by an election petition. It is also not maintainable as Article 52 of the Dhaka University Orders 1973 provides for appeal to the Vice Chancellor. In this connection the case of Controller of Examination, Dhaka University Vs. Mohiuddin reported in 44 DLR (AD) 305 and th..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......Defence. But in spite of repeated demands, the defendant did not settle the claims of the plaintiff. 6. The suit was contested by the defendant No.1 alone by filing a written statement denying the case of the plaint and raising various defence to the claim including the claim that it was barred b..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......efendants to register the said deed when the defendants again refused and then the plaintiff instituted the instant suit. 3. The defendants contested the suit by filing written statement and their case is that, the suit is barred by limitation and that the impugned unregistered kabala was brought..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... 8. ISSUE NOS. 1-4: All the issues have been taken together for the sake brevity and conveniences. 9. The learned Advocate Mr. J. K. Paul appearing on behalf of the plaintiff while arguing the case submitted that the P.Ws. 1-2 have adduced corroborative evidence in respect of the liability of..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......pon the Cargo, totaling an amount for Tk. 1,27,61,175.00 against the defendant Nos.1-4 and also for a decree for pendenti lite interest @ 20% Per annum till realization of the decreetal amount and in case of failure to satisfy the prospective decree by the defendant amicably, than to sell the vessel..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
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