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....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.......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
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... harmonize its meaning with the context it has been used. To give a harmonious meaning to the word, otherwise it means materials which are on record or could be brought on record in accordance with law. On this interpretation the Court can look at any admission made in the written objection, or wr..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......on by the High Court. In order to exercise jurisdiction under section 115 of the Code of Civil Procedure it must appear that the Subordinate Court has exercised its jurisdiction not vested in it by law or failed to exercise a jurisdiction vested in it by law or acted in exercise of its jurisdictio..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... 21 DLR 99. In these decisions it has been held that the cause of action for pre-emption accrues of the date of the registration of the kabala where registration is compulsory. As a pro-position of law, no exception can be taken to this view, but where the learned fell into an error is in holding ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......l appearing on behalf of the petitioner for special leave to appeal against the said order of the High Court, has urged two points, firstly, that the High Court did not take the correct view of the law as embodied in section 5(3) of the Employment of Labour (Standing Orders) Act, 1965 and ought to..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......he High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment Kemaluddin Hossain CJ.- These two appeals were heard together in the High Court Division and a common question of fact and law are involved they are heard analogously and disposed of by one judgment. Facts for disposal ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... for pre-emption was allowed. On appeal by the transferee-pre-emptees a Division Bench of the High Court Division took the view that prayer for partial pre-emption was made under miss-apprehension of law, although the pre-emptor are entitled to pre-empt other lands to which they have no contiguous l..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ion to the effect that the facts as disclosed in the First Information Report do not attract section 258 of the Special Powers Act, and as such, the Investigating agency by merely adding provision of law which makes the offence triable by a special forum, cannot oust the inherent power of the High C..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......n him.
6. To appreciate the point we are to refer to sub-article (2) of Article 47 of the Constitution. This sub-article says that notwithstanding anything contained in the Constitution the laws specified in the First Schedule, wherein this Presidential Order No.67 of 1972 has been include..
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. ......of an industry; and requested the Customs Authorities not to release the goods. It was stated that penal actions taken by the Customs Authorities were justified and the same were in accordance with law. It was further stated that show cause notices were duly issued to the respondent before adjudic..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ntioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period under the law, this matter was placed before the Advisory Bo..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......Adamjee in the partnership business would have been accomplished even in the absence of clause 14 of the original partnership deed. Clause 14 of the partnership deed only prevented a consequence of law, that is, dissolution of partnership on the death of a partner. The clause provides as under: ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... his income, within the meaning 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 ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......rt Division and other connected papers. 8. He mainly argued that the deposit of consideration money along with compensation having not been made within the stipulated period as provided by law the pre-emption case was liable to be dismissed but the High Court Division erred in law i..Category: Property Law | Date: | Hits: 35
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. ......strict the candidature in the way the impugned notification has restricted and hence the impugned notification 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..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......ion suit but did not contest the suit by filing any written statement and instead merely prayed for a saham. The courts below found that the trial court decreed the suit distributing sahams as per law and the Rafanama, alleged to have been executed between the plaintiff and the defendant No.1, w..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ed by res-judicata. 7. The appellants went on appeal. The appellate Court upon introducing many irrelevant matters and that upon making unfounded comments against the Government functionaries, the lawyer who conducted the Title Suit No.860 of 1981 on behalf of the Government as well as regards th..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......ed by the defendant-petitioner and therefore the High Court Division found that the trial court correctly decreed the suit and the appellate court having made out a third case committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petiti..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... the Administrative Appellate Tribunal dated 22-11-2000 moved this Division and obtained leave to consider as to whether the Administrative Appellate Tribunal committed an error of law in holding the view that without challenging the notification dated 15-1-1997 the appellant ca..Category: Administrative Law | Date: | Hits: 103
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