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Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ourt'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 Court Division. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ogether withdrawn, leaving only a review of the Judgment of such Court by the Government. (c) Even this 'review' by the government was possibly not considered by the authorities that were, to be 'good enough’ and the provisions was changed for review by the Chief Martial Law Administrator. ......alled in question in any manner whatsoever in, by or before any Court, including the High Court and the Supreme Court. (8) No Court including the High Court and the Supreme Court, shall call for the records of the proceedings of any Marital Law Court for any purpose whatever. (9) No lawyer shall ap...... 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 war of liberation and also of his age. 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.......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.......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. ......n a number of grounds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these pl......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. ......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. ......ication of accounts or of the budget estimates; (vii) receipt or expenditure of foreign exchange unless already allocated; (viii) a change in the terms and condition! of service of Government servants, and employees of public corporations which have financial imp..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. ......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. ......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)
....1976. Section 2 of the Ordinance contains the following definitions: (a) 'authority' means an authority specified in column 2 to the schedule; (b) 'misconduct' Cleans conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1966, or ...... provisions of the Constitution, assistance was sought as Amicus Curiae from the Senior Advocates of this Division and Messers S.R. Pal and Ishtiaq Ahmed were requested to assist the Court. The Court records the learned and able assistance received from the Senior Advocates. Their arguments have bee......hese officers brought writ petitions in the High Court Division and some were allowed and some dismissed. A common question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ pe..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. ......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. ...... upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Respondent No. 1 who attained 57 years of age was terminated. He was given one month..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ex-teacher of St. Gregory's School approached the Respondent No. 4 and gave a scheme for running the school, which would fetch better income. It is stated by the said Respondent that he believed in good faith and made Saha the Head Master. Though the School started functioning again series of li...... 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. ......e and private purpose. Hence it has been said that an order of requisition for providing accommodation to a public officer where absence of such accommodation would impair the efficiency of public service is a public purpose (HF. Pettit vs Secretary of State) A.I.R 1914 P.C 21 but property requ..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. ......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. ......l 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 and sufficient time elapsed between the service of the notice and the holding of the meeting in which the no-confidence motion was unanimou..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)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......he sealed packets. The Presiding Officers shall prepare the ballot paper account in Form "L”. He shall then send the packets, the count-sheets prepared by him and other relevant records to the Returning Officer without delay under escort. In flagrant violation of the statutor......esult sheets are sent to the Returning Office. In both the centres, the police force was released immediately after counting of votes as admitted by the respective Presiding Officer, although their service was necessary for escorting the Presiding Officer or the Assistant Presiding Officer while ..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. ......btained his signatures on blank sheet without his consent and concurrence. The Sessions Judge started on the footing of the telegram a suo motu Miscellaneous Case No. 687 of 1978 and called for the records of M.R. Case No. 40 of 1978 in exercise of jurisdiction under section 435 of the Code of C...... 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. ..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: ......a few hours after the sentence has been awarded. These considerations cannot be ignored in determining whether the Common Law rights of an appeal to His Majesty-in-Council ever applied to convictions recorded by Courts Martial. 17. In English jurisdiction, we find cases which need to be mentione......resaid two cases. We can gather other reasons from the Constitution. We find, that in the Constitution, for the first time, a new conception has been introduced, that of 'disciplined force', in the services of Bangladesh, and in the interpretation clause, it has been rather described than defined,..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....and the plaintiff opened letter of credit accordingly. Salt was loaded in the vessel at Hodeidah port in North Yemen and the bill of lading was issued by the Master on the 31st December, 1977 and the goods were described in it "as white clear, dry, common edible (fine and fully crushed in bulk) weig......ors Grant Gilmore and Charles Black have summarised the history of lien and maritime claim during the course of 19th and 20th century, on both the sides of the Atlantic. The consensus of opinion is recorded as follows: "The only liens recognised today are those created by statutes and those hi......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: ..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. ......also been paying rent. Appellant asserted that the aforesaid plots are situated far away from plot No. 12408 of Khatian No. 3031-3 in Mouza Palaspole, covering an area of 2.2 acres which has been recorded as hat and bazar in the settlement records and other records of right. No other plot ha......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)
.... 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. ...... 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. ......that where the assessee Company owned the Karnani Mansion consisting of numerous residential flits and over a dozen of shops which were let out to tenants with business activities it was held that services rendered by the assessee to its tenants were the result of its activities carried on conti..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......possession of the land was not granted, though there is no specific refusal either. In such circumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
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. ......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. ......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. ..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. ......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. ......ted. 19. In the case of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of agricultural income of the employer is not exempt because the remunerat..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
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