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Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ng concurred with the trial court on the ground of default and requirement of the house by the landlord-appellant for reconstruction dismissed the suit on inconsequential grounds and upon an erroneous view of law." 6. It appears that regarding personal service of notice the learned ......ed with the trial court on the ground of default and requirement of the house by the landlord-appellant for reconstruction dismissed the suit on inconsequential grounds and upon an erroneous view of law." 6. It appears that regarding personal service of notice the learned Judges in ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ter and manage the property of her mother and having taken advantage of his position as such obtained the said documents on misrepresentation. The suit was decreed by the trial Court on taking the view that Meher Afzan Bibi was a pardanashin village woman and her son respondent No. 2 being ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......ourt Division. Being aggrieved by the judgment of the High Court Division, the appellant moved this Court and obtained leave to consider whether the plaintiff-respondent's suit was rightly decreed in view of the Agricultural University Ordinance 1961 and secondly whether the suit was maintainable ..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
.... under a registered-deed, Exhibit-A", dated 11 November, 1953 is a usufructuary mortgage, is not based on proper consideration of the evidence on record and that the question of limitation has been erroneously decided by the High Court Division. The registered Instrument. Exhibit "A" is a sale dee......sed’ and as such it could not be a usufructuary mortgage within the meaning of the President's Order No. 88 of 1972 which amended section 95 of the State Acquisition and Tenancy Act 1950. In this view of the matter the High Court Division found the suit barred by limitation as well as by the doc..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......er rigorous imprisonment for a term of three years with the direction that the sentence will run concurrently. The Special Martial Law Court, however, mentioned in the judgment that it took a lenient view in inflicting sentence considering the service rendered by the accused to the Nation during the..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......was filed on 22nd April, 1974 and the pre-emption proceeding was allowed on 31st May, 1975, and the document, in question, was registered on 21st June, 1976. So the petition was premature and in that view of the matter dismissed the pre-emption case. On revision being taken, the learned Single Judge..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......rnment and not to any individual question arose whether contiguity between the rank which is a part of the land transferred, and the pre emptor's land was severed. The High Court Division took the view that since the pathway belonged to the Government no case of 'competing interest' against the ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......usiness have been framed, the exercise of functions by each Ministry must follow the pattern laid down by the Rules. 10. The learned Attorney-General next contended that in view of the provisions in Article 86 of the Constitution which provides that all moneys received b..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....ny court at its discretion or in exercise of its inherent power. 4. 'Restitution' simply means restoration of something to a person from which it was taken away earlier under an erroneous judgment of a court. Question of restitution arises when the erroneous judgment of t......court, namely, 3rd Court of Munsif at Comilla. The appellant-pre-emptee filed in the meantime, an application under section 144 of the Code claiming restoration of possession of the land to him in view of the fact that the order for pre-emption has been set aside. The trial court rejected the ap..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with reference to section 96-B of the Government of India Act, 1919 ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......hether the requisition was Justified or not. The learned Judges took pains to consider the State policy of education aid considered whether the mandate of Article 17 of the Constitution was kept in view while requisitioning the premises for the School. The High Court considered whether the Direct..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......n which a special meeting of the Parishad may be called for considering a motion of no-confidence can defeat the resolution passed by all the elected members of the Parishad, particularly in view of the fact that the notice was duly served on all the members and Chairman of the Parishad an..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....s from their admitted clear facts it id crystal clear that election rules of 37, 38 and 39 were violated by P.O. Mr. Ahmed canvassed that these findings are unwarranted and the inferences are very erroneous. 26. The contention has force and the appeal must be allowed. Rule 37 deals with c......he Returning Officer." 6. On the basis of above findings the learned Munsif found that there was violation of the Election Rules 37, 38 and 39 by the Presiding Officers. With a view to verifying the allegations made to the election petition that valid votes were thrown a..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... that section 435 Criminal Procedure Code has given ample powers to the Sessions Judge for conducting the impugned enquiry. The learned Judges observed: "Be that as it may, in view of our finding that the impugned inquiry came within the purview of section 435 of the..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......9 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under the Army Act..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......e. I think the meaning of the clause with regard to calling at ports is what the Master of the Rolls has stated, and that it cannot include a right to go to Glasgow." Lopes, LJ. expressed the same view that the deviation was not justified and the ship owners were responsible for the goods. 26...Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... referred to in this order, the learned Counsel submitted that this included only plot No. 12408, and not the appellant's plots, namely, C S plot nos. 12446,12447 and 12448. 10. In view of the actual position occupied by the aforesaid plots and being separated by an ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......uses and letting them out on monthly rental for the purpose of earning profit upon which the company declared dividend and distributed it to its share holders. The High Court Division took the view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......usiness as a whole, as contemplated under section 7(2) (a) Wealth Tax Act read with Rule 8(9). 2. Leave was granted to consider whether the High Court Division was correct in taking the view that the Wealth Tax Officer is required to take into account the face value of the shares..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... generates incentive in the prospective shareholders. Unless they get some benefit out of it what will be the charm for buying share of such a company which does not declare tax-free dividend. The view of the Revenue that such income is taxable if accepted would mean that when the tax-holiday ha..Category: Fiscal/Taxation Law | Date: | Hits: 75
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