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Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......en he worked for about 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the Ea..Category: Employment/Service Law | Date: | Hits: 66
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. ......ons of Order 38, rule 5 of the Code. 2. On appeal, the learned Judges of the High Court have allowed the appeal and set aside the judgment and order passed by the learned Subordinate Judge on the view that the Court has necessary power under Order 38, rule 5 of the Code to make an order of attac..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.......Sakhina or Rabeya or Rokeya is the recipient of the Mukti-patra. The learned Additional District Judge quoting a portion relating to Mukti-patra in the judgment made elaborate discussion and in our view it left on room for the High Court to consider or examine whether Rokeya was Sakhina or Rabeya...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. ......he trial Court found that the registration made on 11-8-72 during the pendency of the proceeding had cured the defect of pre-maturity. The Court of appeal below as well as the High Court took the view that the day on which the application for pre-emption was presented in Court the deed was not r..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. ......ity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of the Labour Court, the High Court has summarily rejected the Petitioner’s application on the view that the Labour Court had taken a reasonable view of the matter with regard to the provisions o..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. ......ing the decision of the learned Munsif. The further two second appeals aforesaid were dismissed by the High Court. 6. In the High Court five grounds were urged and they are as follows: 1. In view of section 75A of the East Bengal State Acquisition and Tenancy Act, 1950 the contract has beco..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......rom when the occurrence took place at the place mentioned by the prosecution. We do not find that the learned Judges have advanced sufficient reason for discarding the evidence of P.W.7. 16. In view of the evidence of the two eye witnesses as regards the place, time and manner of occurrence an..Category: Criminal Law | Date: | Hits: 39
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. ...... were impleaded in the application for pre-emption. Accordingly, the prayer 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-e..Category: Property Law | Date: | Hits: 32
Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ...... the case number and the names of the parties in which the judgment was made shall only be mentioned in the petition. It will be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its pr..Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....nd the same being pending before the Sub-Divisional Magistrate, who passed only an administrative order after receiving the charge sheet submitted by the police, High Court quashed the proceedings in erroneous exercise of its inherent power. In this context the learned Attorney-General submits that ...... cognizable offence without requiring the sanction of the Court, and to that extent the case resembles 44 Calcutta 535 in which as the High Court has pointed out their Lordships Board expressed the view that to dismiss an application on the ground that it would be an abuse of the powers of the Cou..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.
......that recommendation of the First Screening Board the Government dismissed the petitioner from his service on 26-6-75. Against the order of dismissal the petitioner filed an application before the Review Board for reviewing his dismissal order but it was of no effect.
The Government entered app..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he permit that it authorised import of G.P. sheets and G.I. pipes not exceeding the quantity of the value of Rs. 6000.00 and 4000.00 in value necessary for setting up the plants; and this led to an erroneous conclusion that the respondent did not commit any offence under section 167(8)(b) of the S...... 2. Facts necessary for disposal of this appeal may be stated thus: the respondent who has been carrying on business under the name and style of Kaptai Cold Storage and Fishing Industry Ltd., with a view to set up a Cold Storage Plant applied for and obtained a permit for importing complete units o..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. ...... Judges of the High Court Division were right in relying upon the opinion of the Advisory Board for the continued detention of the detenu. (3) Whether the detention of the detenu was valid in view of the fact that he was in continuous detention from 22-4-74, though there was a gap of two day..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. ......annas share. Taherally Adamjee died on July 1, 1957, leaving his wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. With a view to continuing the existing partnership on March 31, 1958 a deed was executed between the surviv..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....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. ......iven by the Additional District Judge and Arbitrator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 1961-62. 2. Short point for our consideration is as to whether in view of the fact that since the acquisition of land was made under section 93A of the Town Improve..Category: Procedural Law | Date: | Hits: 101
....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. ......of the provisional demand, which amounted to Rs. 34,572/-. Having failed to obtain redress from the Income Tax authorities, he moved the Dacca High Court in writ jurisdiction. The High Court took the view, that the Respondent had never made a "return" of his income, within the meaning of the Martial..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... the other material witness P.W.4 mother of the deceased to whom the deceased made statement regarding the cause of his death and the name of the assailant who caused his death. 14. In our view the reasons assigned by the High Court Division for believing only eye witness, P.W.2 Maksudur..Category: Criminal Law | Date: | Hits: 43
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. ......ly it was held that the deposit having been made within 4 months from the date of registration of kabla under section 60 of the Registration Act the deposit was a valid one. We find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismis..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ted the Circle Office (Revenue), Galachipa to take disciplinary action. That the further case of the plaintiff is that the defendant No. 1 the Deputy Commissioner, Patuakhali under the garb of a review application by order dated 27.11.1983 set aside the order passed by the defendant No.2 Additio..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. ......the said election to the post of Chairman. Thus there is no scope for application of rule 9(3) of the Rules or allowing the petitioner to contest as a candidate at the said election. In that view of the matter, there is no substance in the submission of the learned Counsel for petitioner. ..Category: Election Law | Date: | Hits: 116
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