Search Options
Judgment Advanced Search
Displaying 4321-4340 of 4879 results.
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....ws items. Both the Courts found that by Ext. 5 a news item in Jugabheri dated 30-6-65 an attempt was made to bring down the image of Dr. Jamshed Bakht by stating that he travelled in Inter Class compartments while he was entitled to first class, which created a commotion, whereas it is clear fro......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....n of the deed on the same day. No notice of this transfer was served on the appellants who were co-sharers. After his purchase, Karamat Ali shifted to 'B' schedule homestead land in the latter part of January, 1973. On making enquiries the appellants came to know about the transfer in Februa....... 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
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....e with Mahbubey Alam, Advocate, instructed by S.M. Huq, Advocate-on- Record.—For the Respondent No. 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 o......erms of the offer defendant 3 was to lift at its own risk and responsibility the entire stock of boulders from the site of the plaintiff. This was accepted by the defendant 3 who made advance payment of Tk. 7, 52,500/- for the boulders. In the form of performance bond, the plaintiff furnish...... 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
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....ion it will be useful to place on record the entire order-sheet. Date Event (a) 15. 7.69. M/S. Mallick Brothers, a registered partnership firm filed a revised return of its income for 5 yean (from 1964-65 to 1968-69) on 15......i.e. 2.12 69 the receipt of the order of processing of excess Income and assessment order. Demand Notice, and challan was acknowledged by the assessee, vide Acknowledgement slip. [As no payment was made, by Memo-No. 2107/ICS/520 the Income Tax Officer (Mr. A. Taher) requested the ass......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)
....er, Advocate, instructed by B.C. Pandey, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by S.M., Huq. Advocate-on Record — For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civi......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
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
.... with the property cannot be deemed to claim any interest in the estate of the deceased. Since the petitioners does not claim interest through the testator they got no locus Standi to be added as a party to the probate proceeding……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instr......had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been possessing the land on payment of rent to the Government. They further alleged that the Will was false, forged and fraudule......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....eply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had appar......ice, he shall not be entitled to any pension or other retirement benefits, except his subscriptions to any provident fund and the interest thereon, till the determination of such proceedings, and the payment to him of any pension or other retirement benefits shall be subject to the findings in such ......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)
....f cannot get any relief, but then since the title has become eclipsed and not extinguished the suit cannot be dismissed either. In this view of the matter, the contention of Mr. Chowdhury succeeds partially. In the result the appeal is allowed in part, in that, the decision of the High Co......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)
....ice held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and the designation of Chief Martial Law Administrator app......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
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....rtinent at this stage to refer to Article 18B of the second Proclamation (Fifteenth Amendment) Order 1978 being second Proclamation Order No. IV of 1978 which substituted sub-paragraph (9) and is a part of the Proclamation of 8th November, 1975 and it is follows: "In the event of the conflict,...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either......t is a condition precedent to the making of an application for setting aside the decree that the applicant should, at time of presenting his application, deposit in Court or tender the security for payment of the same; and (iii) those which lay down that the words are directory to this extent ......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
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....f the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrated to the then East Pakistan in the latter part of 1357 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' s......ause the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticated by an officer of the Diplomatic Mission. It was revalidated on payment of required stamps. 5. The point arising in this appeal has been set out earlier. Before......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)
....e-emption case on February 23, 1966. The appellant contested the case by filing two lets of written objection contending, inter alia, that the case is not maintainable on account of defect of parties, as many of the co-shares by inheritance in the case holding have not been impleaded. They......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)
....ocate, Instructed by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqur Rahman, Senior Advocate, instructed 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......y would have occupied but for such decree or much part thereof at has been varied or reverted; and for this purpose, the Court may make any orders, including orders for the refund of cost and for the payment of interest, damages, compensation and make profits, which are properly consequential or s......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 Miah Abdul Gafur, Advocate on Record—For the Appellants. K. A. Bakr, Senior Advocate, instructed 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 judg......sideration of the trial Court and as well as of the High Court Division; it is the failure of defendant No. 2 to take possession of the property alleged to have been purchased by him on 7-2-1964 on payment of the full consideration, and the vendors documents had already been handed over to ......cultural Development Corporation or to a Co-operative Society or to such other organisation as may be notified by the Provincial Government in this, behalf in the Official Gazette for obtaining loans for agricultural purpose." Comparative study of section 4 (origina..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....llenged by the appellant contending, 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 Go......s contemplated under the Rules for determination of the realised or estimated value of the seized gold and silver and on determination of the estimated value of the seized gold and silver, to make payment of the reward to him. 5. Legality of the order of High Court Division has been chall......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
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....68-69 the Assessee Company claimed depreciation on the value of the three ships, namely 'Hugh Everett,' Murray Everett’ and 'Monolo Everett'. The Company claimed additional depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income......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)
....al the stage of Importation of the raw materials against the sale-tax payable on the finished products section 27(i) of the Sales-tax Act reads as under:- "27.—(1) Where partly manufactured goods are purchased by a licensed manufacturer and tax has been paid on tho......that on the raw materials consumed in the manufacturing of washing soap sale-tax at the standard rate having been already paid at the Customs stage, the end products are liable to be exempted from payment of sales-tax, and the assessee is entitled to get credit of the amount already paid as sale......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)
....ed, J., I think it appropriate to make some observations of my own on the constitutional question of validation of an invalid law, struck down earlier as repugnant to a Fundamental Right. In this particular case section 9 (2) of Public Service (Retirement) Act (Act XII) of 1974 was struck down o...... 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)
....of acquittal. According to him, the Appellate Tribunal in exercise of its appellate power cannot entertain any appeal from acquittal. 10. Sub-section (1) of section 30 is in two parts. Language of the second part of sub-section (1) cannot be construed to support the view ......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
15701569156315591558155615551552155115501547154615451543154215391538153715361535