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Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....s. 12, 16 &   17. M.H. Khondker, Senior Advocate. —Amicus Curias. Civil Appeal No. 90 of 1980. (From the Judgment and order dated the 31.7.79 passed by the High Court Division in S.M.A. No. 6 of 1970.) Judgment       ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..

Category: Procedural Law | Date: | Hits: 106

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....der ins said regulation it in­valid, became after the emergence of Bangla­desh, M. L. R. N.32 of 1969 ceased to be an existing law, as it does not come within the definition of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special le......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....xparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civil Appeal No. 36 of 1980. (From the judgment and order dated March 24, 1977 passed by the High Court Division in Civil Revision No. 928 of 1973). Judgment:    &n......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..

Category: Property Law | Date: | Hits: 43

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

.... Khan, Advocate-on-Record-For the Ap­pellant. B.C. Panday, Advocate-on-Record—For the Respondents. Civil Appeal No. 97 of 1980. (From the Judgment and Order dated 31.1.79 passed by the High Court Division in Appeal from Ori­ginal Order No. 462 of 1976.) Judgment Shahabuddin ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....eputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Respondents. Civil Appeal No. 122 of 1980. (From the Judgment and Order dated 29-7-1980 passed by the High Court Division in Writ Petition No. 489 of 1980) Judgment Kemaluddin Hossain CJ.- Thoug......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....cord—For the Respondents 1 & 2. Not represented—Respondent Nos. 3 & 4. Civil Appeal Nos. 169 of 1979 & 65 of 1980. (From the Judgment and Orders dated 19-7-79 and 8-1-1980 passed by the High Court Division in Writ Petition No. 471 of 1979 and 178 of 1979 and 178 of 1978 respectively.) ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment: K. M. Sobhan J.- ...... any law­ful authority. Ed.                           ..

Category: Others | Date: | Hits: 110

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....ents 1 & 9. Ex-prate.-Respondents 2-8. Civil Appeal No.67 of 1980 Judgment: Kemaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 39

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....tant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respondents. Criminal Appeal No. 2 of 1980. (From the Judgment and Order dated 13.6.1979 passed by the High Court Division in Writ Petition No. 508 of 1979) Judgment Kemaluddin Hossain CJ. - I c......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

....mpowered by law to deal with any member of the defense service or of any disciplined force, no remedy against the decision of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 102 of the Constitution...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..

Category: Employment/Service Law | Date: | Hits: 102

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

....In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Division in Crimi­nal Revision Nos. 94 of 1979 and 61 of 1979). Judgment: ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 62

Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)

....Advocate with him), instructed by Aminul Huq, Advocate on Record—For Respondent No. 1. Civil Appeal No. 88 of 1980. (From the judgment and order dated 21-11-1979 passed by the High Court Division in Writ Petition No. 60 of 1976.) Judgment:     &n......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..

Category: Constitutional Law | Date: | Hits: 153

Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)

....kar, Advocate instructed by B.C. Panday, Advocate-on-Record-For the Appellant. Ex-parte — the Respondent. Civil Appeal No. 41 of 1980. (From the judgment and order 10-6-77 passed by the High Court in Civil Revision No. 396 of 1970). Judgment Ruhul Islam. - This appeal by specia......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..

Category: Procedural Law | Date: | Hits: 147

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....ord.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil Appeal No. 100 of 1979. (From the Judgment and Decree dated 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment   Kemaluddin Hossian CJ.- This appeal is by ......edule lands of the plaint. The parties will have opportunity to prove the po­wer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....te instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 127 of 1979. (From the judgment and order dated 14.2.1977 passed by the High Court in Civil Revision Case No. 1696.) Judgment:     &......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..

Category: Property Law | Date: | Hits: 73

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....& 5. Amir Hossain Khondker, Advocate instructed by S M Huq, Advocate-on-Record — For the Respondent 3. Civil Appeal No. 173 of 1979. From the Judgment and Order dated 1-8-79 passed by the High Court Division in Writ Petition No. 835 of 1979. Judgment K. Hossain CJ.- In this appea......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 160

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

....r Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddi......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 111

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....rd—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 38 of 1969.) Judgment:  ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..

Category: Property Law | Date: | Hits: 75

Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)

....man, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment:     &nbs......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Sultan Ahmed, Ad­vocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)

.... Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1980. Judgment:   &......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 Oc­tober 1978 of the learned Magistrate are set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 51