Search Options
Judgment Advanced Search
Displaying 4781-4800 of 5586 results.
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... only when the said person actually assumes that office or purports to do the same. In the present case, the day when the writ petition was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to t......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th......ring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of sectio..Category: Election Law | Date: | Hits: 130
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......the accused persons evidence does forthcome involving the complicity of the 4 accused persons against whom case has been withdraw, in the incident and occurrence of the said case, there would be no legal bar in proceeding against such persons in accordance with law.” 9. Mr. Asaduzzaman Khan,..Category: Criminal Law | Date: | Hits: 43
....s an act of trespass into his land and they found place in the plaint. But in framing the plaint it was so done as a suit for injunction. The amendment is more a rearrangement of the facts in their proper perspective and making a prayer for appropriate relief. Apparently, adding of a Schedule an......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....learned Judges of the High Court Division. If so the plea of administrative convenience does not stand. It appears that the appellant was bent upon to take action against the respondent without any proper cause. In our view the respondent held his office substantively in the temporary cadre and he......Case is also Reported in: 31 DLR (AD) (1979) 127.......973 he was served with an order of reversion to his previous post of District Kanango for administrative convenience. This order was challenged before the High Court Division for declaring it to be illegal, mala fide arbitrary, having nothing to do with any, administrative necessity or convenience a..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....he learned Counsel has pointed out that the Supreme Court of India in the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciate......Case is also Reported in: 31 DLR (AD) (1979) 119. ...... No.2 had sufficiently explained her inability to return earlier and that the employer did not fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post w..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....nts as plaintiffs, decreasing the former and dismissing the latter. 3. The case of the respondents, who were plaintiff in Title suit No.436 of 1956, is that Respondents No.1 and 2 are owners of properties in West Bengal, India. The appellants had some building within the Municipal area of Khul......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B...... August 4, 1951 in favour of the respondents M. A. Sabur and his minor daughter Hosne Ara Begum and the other containing substantially the same provisions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne Ara in respect of their properties in West Bengal, India...Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....arned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper appreciation of the question relevant sub-sections of section 96, that is, sub-section (1),...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......, it cannot be entertained and its non-fulfillment renders the application liable to be dismissed; and that in the absence of any power to extend the time stipulated in the Act, the order is wholly illegal and without jurisdiction and cannot be sustained. The learned Counsel further submits the pre-..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....tion submitted charge sheet against the respondents. In the affidavits it was stated, inter alia, that the stock of whisky and cigarettes carried by vessel were not cargo duly loaded and supported by proper shipping documents but were meant for smuggling purposes; and that none of the cargo was me......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44......eedings pending before a Court is available only when the allegations made in the charge-sheet and the first Information report, if remain unrebutted, do not constitute any offence or if there is any legal bar against continuance of the proceeding. In elaborating his submissions, the learned Attorne..Category: Criminal Law | Date: | Hits: 95
....s reply to these charges. The Board on 19-12-74 again directed the petitioner to submit statements in respect of his Pabna House and motor car. The petitioner submitted particulars of the aforesaid property on 30-12-74. The Board again on 10-1-75 directed the petitioner to submit more particulars ......ion, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, wi......ll not make a recommendation to the Government unless the Government servant concerned has been given an opportunity of being heard in person without being accompanied by any friend, adviser or legal practitioner. The Board in compliance of this Rule shall after examining the case recommend ..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......e is also Reported in: 31 DLR (AD) (1979) 60. ...... charge and the goods of each of the three consignments were ordered to be confiscated. The respondent by filing a writ petition in the Dacca High Court being Petition No.315 of 1967 challenged the legality of the Order Nos. 463, 728 and 877 dated July 7, 1965, September 22, 1965 and November 17..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ami Jute Mills and demanded grant of bonus to the labourers. When the manager of the said Mills expressed his inability to accept the demands, his residence was brick-batted causing damage to the properties. "That you organised a large number of J.S.D. public meetings within the area of al......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ious police stations under Serajgonj Sub-division and in one place he was resisted, by one Fakrul Islam. The detenu was responsible for the killing of this man and he also participated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....nership deed, is sufficient to bring it within the purview of section 16 (3)(a)(ii) of the Income-Tax Act. He submits that Safiya Bai and her minor children inherited their respective shares in the property left by Taherally Adamjee in accordance with the Muslim Law of Inheritance. Their acquisiti......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by......as executed between the surviving partner Abul Hussain Sulemanji, Saiya Bai and her five minor children. The deed contained a recital to the effect that whereas on the death of Taherally Adamjee, his legal heirs have been admitted as partners in accordance with the provisions of partnership deed and..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....against an award under the Act, the High Court ought to have held that the appeal had been filed within the period of limitation, which would be three years in this case. Facts in short are, that the properties in question belonging to the respondent Moslem Mia were requisitioned under section 93A......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....he Martial Law Regulation, I submit sincerely and honestly that if the amount with my wives and children grown as reserve which I give below is declarable and taxable, it may be treated as deemed proper. The amount is Rs. 1,30,000/- (Rupees one lac thirty thousand) only.”
3. In continuati......lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen......ng of the Martial Law Regulations and the Income Tax authorities had, therefore no jurisdiction to assess him as they did. They declared the assessment order as without lawful authority and of no legal effect.
Leave was granted to consider the question set out above.
5. To turn to the ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....ongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statem......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru...... order dated 27.11.1983. passed in 24 S.A.P.K. of 1980/81 and subsequent passing of the order dated 29.12.1993 passed by the defendant No.1 in respect of the plaintiffs' permanent settlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpos..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......J Md. Abdur Razzaque............................................... Petitioner Vs. The Chief Election Commissioner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others…………………..... Respondents Judgment......otification so far as it restricts the candidature by excluding the petitioner is unauthorized in law and is liable to be declared to have been made and passed without lawful authority and is of no legal effect. 4. It appears that the petitioner ceased to be a candidate as a defaulter in a..Category: Election Law | Date: | Hits: 116
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....he aforesaid amount from date till realization. 9. In the fact and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materials on record arrived at a correct decision. We find no cogent re......, Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ...... Judgment March 29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the ..Category: Employment/Service Law | Date: | Hits: 82
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....d, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely related to each other being brother and sister and for convenient possession of their inherited properties there was a deed of partition amongst them and accordingly the plaintiff (a pardanashin ......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others ..............he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ad Roy Chowdhury and others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ...... of res-judicata in view of the ex parte decree in the Title Suit No.860 of 1981 appears to be not well conceived one in that so long the ex parte decree is not set aside the same being remaining the legal one the subsequent suit between the same parties, in respect of the matter which was the subje..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....rt was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was cutting...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat......ey-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circumstances of the case and rightly decided the case and there is no illegality or legal infirmity for interference by this Division. 6. We have heard the learned ..Category: Criminal Law | Date: | Hits: 34
19611954195319521948194719451943194219411940193719361935193019291919191619151912