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Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....light of the day. Decree cannot be prepared unless the required stamped-paper is supplied. But there is no law under which the decree-holder is bound to supply the stamped paper within a particular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for ......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)
.... as contemplated by M.L. R. No. 32 of 1969 and the assessee and his lawyer agreed to the assessment and demand note was issued on 29.11.69. He placed the entire order-sheet before this Court at the time of hearing which was placed before this Court on the previous occasion. In view of the importan......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)
.... a revision under section 115, Civil Procedure Code was filed in which an application was made for taking an additional ground as to defect of parties in respect of a different person for the first time. It was alleged that one Mozaffar All Khan was a contiguous land holder but was no impleaded i......the proceeding. Again, one Sahera, grand-daughter of Elahi who was the 4th son of Barku, though admittedly a co-sharer was not impleaded. The explanation for non-Joinder of parties on such a large scale was that the pre-emptee objector did nol furnishes the names and particulars of the left-out ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....) “Physician”, means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of diseases of man; (d) "public servant" includes any person who is, for the time being in the service of the Republic or of any corporation; nationalised enterprise or local au......leave no room for doubt that the Provincial Government was fully conscious of its responsibilities and had no mind to disturb the limits of the existing Unions unnecessarily or to introduce any large scale revision of existing boundaries of any rural or urban Union or any Town." So far as the Co..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....nder a Corporation by, or by an order under clause (1) of Article 10. and all shares and proprietary and other interests, as have not already vetted in the Government by or under any law for the time being in force shall, by virtue of this Article and without any further proceeding or formal......er, be mentioned that the order of termination of his service mentioned above was withdrawn by the Company. By its order dated April 5, 1974 the service of all officers of various enterprise of the scale of Tk. 600/- and above were placed under the administrative control of the Corporation and wer..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... The Government granted the license required under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant. The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the A...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide Dr. Mozammel Huq Chowdhri was tried separately in M L Case No. 41 of 1978. In the meantime, P.W. 1 Shahidul Karim, a brother of the deceased, lodged information in the Motijheel P.S. acc......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
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ee and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with direction within the time given by the Court, this will be sufficient compliance of the requirement of the proviso. Ca......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 section 32 the power of attorney shall alone be recognised and here we exclude all other excepting which is relevant for our purpose and that is in clause (c) which says if the principal at any time aforesaid does not reside in Bangladesh a power of attorney executed before an authenticated ......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)
....d the application for preemption. Special leave to appeal was granted to the appellants to consider whether the objection that Mozaffar Ali Khan was a necessary party which was taken for the first time in the High Court should have been entertained and whether in any view of the matter the case ......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
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....amely, Dacca Improvement trust only. No opportunity of hearing was given to the Appellant. The minimum requirement was to see whether the Respondents to the writ petition did receive the notices in time, and if so, had they sufficient cause in failing to appear at the time of hearing and present......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... view being that this right accrues on the date of the final decree when appeal is preferred from the decree of the first appellate court. 21. Mr. Ishtiaq Ahmed has contended that the appropriate time for the application is the date of the decree of the first appellate court whether any appeal t......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)
....ich broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstructing their burnt down huts started living ......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)
.... section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declarat......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)
....he dispute to submit written statements in support of their respective claims to possession of the land. If the Magistrate considers the case as one of emergency he may at any time attach the subject-matter" of the dispute pending his decision under this section. Sectio......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
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....gold was seized, as per London market's average monthly price @ Tk, 562.63 per tola; and that the price of the gold at Tk. 4,68,913.00 quoted in the writ petition was not the price at the relevant time and that the market price of the seized silver was Tk. 24,932.00 paisa in 1975 as per London ma......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)
....ther sum in respect of the year of erection of installation for the year in which such building, plant or machinery is used by the assessee for the first time for the purpose of his business, professions or vocation or the year in which commercial......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)
....is refundable, and the assessee is entitled to the credit of the sales-tax paid on the partly manufactured goods. 4. It is admitted that the appellant was not a licensed manufacturer at the time of importation of the raw materials. Section 4(b) provides for exemption in the cases of impor......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)
....invalidity are capable of being removed and are in fact removed and the law made competent. It may be done by providing for jurisdiction, where jurisdiction had not been properly invested before. Sometimes this ii done by re-enacting it retrospectively and then by fiction making the action already t...... 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)
....on raised by the learned Counsel. This section provides that no appeal shall lie from any judgment and order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. According to this section, appeals lie from judgment or orders of Criminal Co......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
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