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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....se no. 229 of 1970. They were heard and disposed of by one Judgment by a Bench of the High Court Division, which dismissed the revision case at the instance of the .Government and allowed in part that of the owners. The Government, accordingly, preferred petition No. 63 of 1973 to the Appe...... is published, the requisitioned property shall vest absolutely in the Government free from all encumbrances, and the period of requisition of such property shall end. Section 5B provides for payment of compensation in advance, and section 6, for payment of compensation for movable properly......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... has been constituted to hear appeals from the judgments of special Tribunals. The appellate jurisdiction which was conferred upon the High Court has been taken away. An aggrieved party may Corns to High Court if at its entire extraordinary writ jurisdiction against the decisio......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....on under the law and was fully operative to make the Act applicable to Paschim Sholashahar. The learned counsel has contended that in order to understand the true meaning and real import of a particular expression occurring in a section of a legislative enactment it is necessary to rea...... collected in the prescribed manner. By subsequent amend-ment, however, it has been generally provided that such tax will be assessed and collected in the prescribed manner. Section 8 provides for payment of penalty for default in payment of the tax. Section 9 declares that all dues payable unde......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....- "(i) Case of Mr. Sattar Weaving Factory The noting (2 bales may be allotted') of Mr. Choudhury, does not appear to be regular, since he is not authorised to take any action on the letter of the party addressed Narsingdi Centre, thus Mr. Choudhury has not maintained, office decorum. (ii......as set up reveals that a dock labourer is employed in the reserve pool by the National Dock Labour Board and he is registered with the Board for the purpose that he is available for work. He receives payment from the Board for unemployment or under employment and is required to carry out the directi......rticipation in the management and control of the Corporation. If we turn to the function and object of the Corporation, we observe that principal aim is to help promote small industries by giving loan, advice and sometimes starting project and then selling it to prospective investors. The purp..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....espondent Nos. 2, 3 & 6. Shamsul Huq Chowdhury, Advocate, instructed by Mr. S.M. Huq, Advocate-on-Record—4, for the Respondent No. 9. Ex parte.—For the Respondent Nos. 1, 4, 5, 7 & 8. Civil Appeal No.10 of 1974. ......ction 115 of the Code with respect to the order of assessment made under section 93 A of the Town Improvement Act and its order setting aside the direction of the Land Acquisition Court as to payment of interest is liable to be set aside. The result is that this appeal is dismissed w......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....o preventing the respondent tenant from depositing the rent. It is in evidence on record that the plaintiff-appellant asked the respondent-tenant to pay rent to him. Hence there was no failure on the part of the plaintiff-appellant to take step to realise rent from the tenant-respondent. In this con......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 of the Bangladesh Penal Code read with part IV (b) of the Schedule to President's Order 8 of 1972 and Article 11(d) of the said order befo......e Omprakash, aged 14) years, a son of one Chauhan who, as a matter of fact, paid a sum of Rs, 5,000/- to the accused under threat and on assurance that the boy would be restored to the father after payment. The threat was given through letters purported to have been written by one Jalim Daku thou...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... March, 1987 and as such, this GD in law is a FIR in this case since the investigation officer on receiving information of the incident leading to death of the driver from the members of the patrol party, comprising police personnel(PWs 4, 6 and 8) attached to Sonargaon PS, on Dhaka-Chittagong Hi......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....quarrel and in the heat of passion accused gave blows on the chest of the victim without any guilty intention to cause death and thus they committed culpable homicide not amounting to murder under part II of section 304 of the Penal Code. …………………&h...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....ate-on-Record—For Respondent No. 1. Ozair Farooq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For Respondent No.2. Ex parte—Respondent Nos. 3 & 4. Civil Appeal No. 26 of 1999. &nbs......the terms of operation is embodied in the form of contract of deposit at the time of opening of the bank account. The account being opened with a specific condition setting the act of operation of payment, the Bank is bound to comply with the condition on which it has accepted the deposit. In th......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....or air of the petitioner by creation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr. M Zahir Senior ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....igh Court Division. The High Court Division also found from the record that the original allottee Md. Shamsuddin entered into an agreement on 11-12-1970 in favour of Sayeda Reba Habib and received part of the consideration money. After his death, his heirs received the balance money and executed....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....s of the agreement dated 26-8-1997. The affairs of the company were being conducted and the powers of the directors were being exercised in a manner prejudicial to the legitimate expectation on the part of the petitioner in joining the company. The petitioner therefore prayed for the following re......The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 other Commercial Banks. The respondent company defaulted in payment of loan to Bangladesh Shilpa Rin Sangstha and the liability increased from Taka 3.63 crore ...... 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 oth..Category: Business or Commercial Law | Date: | Hits: 95
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....ecord—For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Ex-parte-Respondent No. 2. Civil Appeal No. 23 of 2000. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....without arriving at a finding that notice under section 106 of the Transfer of Property Act was served upon the tenant nor without arriving at a finding that there was a compelling necessity on the part of the landlord for bonafide use of the premises. The learned Judge also found that the appell...... the suit by filing a written statement stating inter alia, that after liberation the appellant, a non-local, was in acute financial problem and demanded a sum of Taka 55,000.00 for business and on payment of the said sum the appellant delivered possession of the shop room to him and a lease agre...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... a decree for specific performance of contract in favour of the plaintiff and High Court Division acted illegally in not interfering with the same. He further submits that the petitioners not being party to the contract or privy of the contracting parties and having not purchased suit property f...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....e respondent Md. Nasim Uddin instituted the aforesaid Administrative Case stating that he was a warder in Pabna jail and on 23-10-1992 the Superintendent of Pabna jail ordered for drawing up of a departmental proceeding against him and he himself held inquiry in the absence of the responden......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
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