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Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....uhul Amin J.- The appeal by the plaintiff is against the judgment dated August 27, 1996 of the High Court Division in First Appeal No. 211 of 1996 allowing the same. The appeal was filed, against the order dated November 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-on-Record-- For the Petitioner Not represented-For the Respondent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....mdash; For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No. 863 of 2000......le Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased out the said property for 99 years..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
.... Order No. 69 of 1972 became inoperative on the promulgation of the Constitution of Bangladesh with effect from 16th December, 1972. The Court hearing the parties rejected this contention and by an order allowed the application whereupon the proceeding of the suit abated. The appellant moved the......ing Title Suit No. 95 of 1970 claiming a sum of Rs. 1,35,000/-due on a contract for the construction of Rajshahi Medical College. The suit was pending after liberation and on application filed by the Government of Bangladesh, under Article 3(2) of the Bangladesh (Legal Proceedings) (Special Order), ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....dvocate-on-Record—For the Appellant. Not represented-The Respondent. Civil Appeal No. 79 of 1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... to vacate the premises within two weeks from the date of judgment; in default the Appellant will get vacant possession. 5. The tenant moved the Dhaka High Court in revision challenging the order of ejectment. The revision was heard by a Single Judge of the High Court. The learned Judge f...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....; Ruhul Islam J.- This appeal by special leave arises from the judgment of the High Court Division dated June 27, 1979 in Writ Petition No. 294 of 1973. 2. The appellant challenged the order dated February 17, 1973 passed by the respondent No. 2, Additional Deputy Commissio......icence or the provisions of law referred to by the petitioner gives him any such right". The learned Judge further observed that "after all, it was a hat admittedly forfeited to the Government in 1966 and was being managed from 1374 B.S. either by granting lease or licence for eac..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....cate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 19......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....th plaintiff's possession and management of the Debuttor properties in suit." 2. The learned Subordinate Judge found that the plaint is hit by President's Order No. 90 of 1972 and he ordered the abatement of the suit. On appeal the learned Additional District Judge was of the view...... notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the Courts below. 4. There is ano..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of 1978...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old and illiterate, and so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution o......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....dvocate-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — For the Respondents. Civil Petition for Special Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977)......al Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977). Judgment KM Subhan, J.—The Government is the petitioner and challenges the judgment of the High Court Division passed in a peti..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....man, Deputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No 19 of 1979. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revision No. 152 of 1974). Ju......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....1974). A. Wadud Miah, Advocate-on-Record—For Respondent No. 7 in C.A. 74 of 1974. S. R. Pal, Senior Advocate—Amicus Curiae. Civil Appeal Nos. 31 to 77 of 1974. (From the judgment and order dated 26-7-74 passed by the High Court Division in Writ Petition Nos, 85, 96, 100, 109, 111, 1......r the time being in force, if any mortgagee prevents the redemption of a usufructuary mortgage after the expiry of the period of such mortgage to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of rede..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
..................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceed......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, A......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right ...... his favour by virtue of the right accrued in his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a contract the performance of which would ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....urt Division were well founded in law in directing the abatement of a writ petition in view of sub-paragraph (1) of paragraph 5 read with paragraph 4 of Martial Law Regulation No. VII of 1977. This order of abatement was recorded along with some other writ petitions. 2. It is to be observed tha......Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement Apri..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....rch 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to the Court of fir......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... Judgment & Order dated 14-8-79 passed by the High Court Division in Criminal Revision No. 291 of 1979). Judgment: Badrul Haider Chowdhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
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