Search Options
Judgment Advanced Search
Displaying 6281-6300 of 7038 results.
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another……&h......dered as a deciding factor for adjudication. It was noticed that excepting the recital in Exhibit 1 there is no other proof that Bidhan Bibi acquired 16 annas interest in the disputed land. No evidence was led that the Khajanchi Bari landlords possessed the disputed land in khas. The plainti..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....carried on are assessable to income tax in his hands. 15. In view of the above it is to be observed that the Income Tax Act is a complete code by itself and all questions of law, facts arising out of the proceedings under the Act should be decided by the authority set up in acc......ent: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents Judgment Aug 14, 1978. ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ......ivision observed as follows: "Taking all these statements together it appears that the presumption raised by posting registered letter with acknowledgment due has been rebutted. There is no evidence on the side of the plaintiff to prove service of the registered letter who acknowledgment ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... to a pardanashin woman not to extend it to one not entitled to it. If the person upon whom the property of the pardanashin woman devolves by operation of law and who in the facts represents her can challenge the legality of disposition. 9. In the instant ...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas......o Haji Hossenuddin, father of the plaintiff Musammat Rokeya Khatoon. Haji Hossenuddin made a gift of the property to his wife Meher Afzan Bibi. She possessed the property through tenants. It is in evidence that at the ripe old age of 90 years she used to collect rent from the tenants through her..Category: Property Law | Date: | Hits: 57
.... pass such orders as he thinks fit.
(f) Notwithstanding anything contained in the foregoing clauses formal inquiry may be dispensed with when the order of dismissal is passed on the strength of facts or conclusions arrived at by a Judicial trial or trial by a Court Martial or when the accus......(Civil)
Present:
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye B......he requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9, 19..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....ficult to accept this abrupt finding of the High Court Division to be correct and justified as against the clear finding of the lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appel................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortg...... appellate court's finding that the transaction fn question made 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 Cour..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....udges observed: ''When the petitioner was arrested there was no charge against the petitioner under Regulation No. XI of Martial Law Regulation No. 1 of 1975 which was amended afterwards. These facts, however, colorful mala fide might be this Court cannot go into that question in view of the f......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe......ase of Kh. Ehteshamuddin Ahmed @ Iqbal the review as done elaborately in 29 (twenty nine) pages which was noticed in the judgment to this Court. Whereas in the present ease notwithstanding voluminous evidence it was done in a cryptic manner in a two-paged order. 17. So far as this point is conce..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
.... wag disposed of on merits. The pre-maturity can be cared if, at the time of the trial, the Kabala was registered, otherwise the prematurity would remain. But in this particular case, became of the facts aforesaid, it is to be governed by its own facts, in that, the question of pre-maturity was ra......) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: The......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...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. ......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ............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. ..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. ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………......." 4. It appears that no dispute was raised as to the power of the Prize Court to direct distribution or investment of the Prize Fund upon an application by way of a motion and upon evidence to be adduced in the proceedings. The Court is to exercise the powers in accordance with ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......h;For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....79 was also an officiating Sub-Inspector of Police posted at Baidyer Bazar Police Station in the district of Dacca. He was compulsorily retired from service by the order dated February 6, 1978 in the facts and circumstances similar to those in Civil Appeal No. 39 of 1979. He also complained of non-c......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,......t no major punishment shall be awarded except in proceedings in the prescribed form (B. P Form No. 164). Clause (b) provides that a definite charge with necessary particulars shall be framed before evidence is recorded. The person charged shall be given a copy of the charge and shall also be allow..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ...... (Standing Orders) Act, 1965 as a Tanker is not an Industrial Establishment under the said Act; 2. Non-consultation of a member had vitiated proceeding; 3. Ext. A (1) of the evidence has excluded the respondent from the category of workers." 3. Mr. Asrarul ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....the ladies are qualified teachers, then the factual aspect of malafide is removed and therefore, there is hardly anything more before the Court to say that the requisition was passed malafide. The facts that have been alleged for malafide are not substantiated. The teachers are qualified teacher......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………...... 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. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....ously passed. Moreover, no objection was taken to the holding of the meeting. Respondent No. 1 alleged no other Irregularity in either holding the meeting or passing the resolution. In view of the facts and circumstances mentioned above, the absence of rules which were not still framed on the da......r Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment ......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. ..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)
.... thereby, or that petitioner was responsible for the breach of trust; and that High Court Division was wrong in summarily dismissing the writ petition. Leave was granted to consider whether in the facts and circumstances of the case the contention can the sustained. 9. It has been notice...... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer......n result-sheet-and consolidated statement, and that the gunny bags of Rupsha Primary School Centre contained all She materials but there wag only shortage of two votes. On consideration of the oral evidence and the materials on record that learned Munsif found that the Presiding Officers of the a..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ad or too narrow construction given by the rival contentions of the Bar cannot be accepted. 13. It is true that the word 'mala fide' cannot and ought not to be defined' as much will depend on the facts and circumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala f......s also Reported in: ......Martial which tried, the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence which the prisoners received, dismissed the application without hearing evidence. The decisions of the Courts, below were affirmed in the Supreme Court by majority decision..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....of all the attendant circumstances. A conclusion so reached that a particular act was reasonable or unreasonable is in general a conclusion of fact; it is an inference of fact from a given set of facts." The Court did not find any reason to disturb the concurrent finding of fact. 28. In ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......ple and observed: "In such circumstances it must be held that the plaintiff failed to prove that the salt was changed.'' Having come to this conclusion the learned Judge on consideration of the evidence observed as follows: "In the above circumstance it must be held that the defendant Nos..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
.... meaning of the word periphery, though it had several other meanings which were not considered at all. Such other meanings, he asserted, were more appropriate to decide the question in the facts of the case. According to him, the word 'periphery' meant 'bounding line or surface the ou...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors……………………………&hell......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. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....quot; 3. The Commissioner of Taxes raised a question of law before the High Court Division under section 27 of the Wealth Tax Act which is as under: "Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in ho......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
15301529152815271525152415231522152115201519151815171516151515141512151115091508