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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.......er contended that the learned judges of the High Court Division committed an error interpreting the provision of Article 135 of the Constitution and erred in holding that reduction in rank covers the case of the respondent. The relevant portion of Article 135 of the Constitution is quoted below: ..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. ......s of an arrangement from the foreign owner for carrying from the outer anchorage to the Port, whether the lighterage was liable to attachment before judgment. (3) What in the circumstances of the case is the scope of the provisions of Order 38, rule 5 of the Code of Civil Procedure. 4. For o..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....... Appeal No. 6 of 1975 (From Civil Revision No. 127 of 1969) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, ..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. ......e-emption was presented in Court the deed was not registered and so the cause of action did not accrue. On this point the learned Single Judge relied on two decisions of the Dacca High Court in the case of Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365 and Abdur Rahman Vs..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. ...... Labour Court, having come to the finding in the said Complaint Case that Respondent No.2 had sufficiently explained her inability to return earlier and that the employer did not fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala f..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. ......ific performance of contract filed by the respondents as plaintiffs and Title Suit No. 308 of 1955 filed by the appellants as plaintiffs, decreasing the former and dismissing the latter. 3. The case of the respondents, who were plaintiff in Title suit No.436 of 1956, is that Respondents No.1 a..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....The respondents are the neighbors of deceased Rashid Khondker and there is long standing enmity between the parties. The respondents were once prosecuted about two years back in a criminal case for uprooting the eye-balls of deceased Rashid Khoadker, but the respondents were ultimately acquitted fro......local PLA. The respondents are the neighbors of deceased Rashid Khondker and there is long standing enmity between the parties. The respondents were once prosecuted about two years back in a criminal case for uprooting the eye-balls of deceased Rashid Khoadker, but the respondents were ultimately ac..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. ......cation under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 hereinafter referred to as "the Act," in the Court of the Additional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. 3 and 4 by a registered kabala dated..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. ...... Not represented - Respondent No.1. Criminal Appeal No. 21 of 1978. Judgement Kemaluddin Hossain CJ.- It appears that two respondents have been impleaded as parties in this matter. In cases where an Advocate feels aggrieved on certain remarks made in the judgment and prays for their ..Category: Others | Date: | Hits: 84
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. ......e No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power..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.
...... against him. When the proceeding was about to be completed the Second Screening Board found that the monthly remuneration of the petitioner being Tk. 804/- the Second Screening Board transferred the case of the petitioner to the First Screening Board on 1-11-74. It was stated in the Petition that t..
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. ......ndustrial licences are issued to Industrial Consumers on the recommendation of the Director of Industries for importation of industrial goods for use in the particular industry and in the instant case, the Director of Industries and the licensing authority categorically stated that the G.P. shee..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. ...... prescribed period under the law, this matter was placed before the Advisory Board from time to time, and the Board expressed its opinion that his detention was necessary and on the last occasion his case was placed before the Board in March, 1976. This time as well the Board, recommended his detent..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......that the conviction was based upon independent evidence of P.Ws. 7, 8, 9 and 11. He also found that the evidence of those witnesses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave w..Category: Criminal Law | Date: | Hits: 41
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. ...... KM Subhan J Commissioner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan,..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. ......ion for approaching the High Court against an award under the Act, the High Court ought to have held that the appeal had been filed within the period of limitation, which would be three years in this case. Facts in short are, that the properties in question belonging to the respondent Moslem Mia wer..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. ......nt. He has unequivocally surrendered the amount before the Income Tax authorities for the treatment they think proper. Record shows that the Respondent was given all the opportunities to defend his case but he either failed to avail of it or to satisfy the Income Tax authorities that they were the..
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. ......dismissing the appeal and thereby affirming the judgment and order of conviction and sentence passed by the learned Sessions Judge, Patuakhali in Sessions Case No.23 of 1985. 2. Prosecution case, in brief, is that on 20.12.1984 at about 12.00 noon. P.W.2 Maksudur Rahman and deceased Shahj..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. ......88 in the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the ..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. ...... ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up ..Category: Property Law | Date: | Hits: 24
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