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Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... such property will be presumed to be the property of the joint Hindu family till the contrary is proved." 11. The same principle of law has also been enunciated in two Privy Council cases reported in 18 CWN 428 (PC) and 29 CWN 1037 (PC). The latter case, of course, out of......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....resent occurrence Tofa Mohammad and his sons forcibly obtained divorce of Amina Khatun from Jahiruddin whereupon the latter filed a petition before PW 7 Abdul Mayed Choudhury, Chairman, local Union Council who got the case compromised, but despite the compromise Amina did not like to stay and liv......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....registration but once the presentation is made in time then thereafter no period is prescribed as to within which the same must be registered. Their Lordships of the Judicial Committee of the Privy Council in the case of Sah Mukhun Lall Panday vs. Sah Koondun Lall and another reported in 2 IA 1......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......their turn get the land freed from the occupation of the unauthorized persons at their own initiative. (b) The excess land under possession of the Bangladesh Management Development Centre, should be earmarked and ascertained if the same belonged to PWD or individuals and compens..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......tion Tribunal, by a judgment and order dated 19 May, 1997, allowed the election petition in part with a direction for fresh poll in one of the 93 centres namely, Garghata Government Primary School Centre. 5. The petitioner preferred First Miscellaneous Appeal No. 109 of 1997 under Articl..Category: Election Law | Date: | Hits: 117
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....anto Mohan, 50 Cal WN 14: (AIR 1947 Cal 213), and Sushama Roy vs. Atul Krishna Roy, 59 Cal WN 779: (AIR 1955 Cal. 624)” 10. In fact, much earlier, the Judicial Committee of the Privy Council pronounced in Pramatha Nath Mullick vs. Pradyunrnna Kumar Mullick, 52 Ind App 245: (AIR 19......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Category: Employment/Service Law | Date: | Hits: 83
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
.... him premature (compulsory) retirement with retrospective effect. The petitioner challenged these four Notifications on various grounds, namely, that the President did not act on the advice of the Council of Ministers in a parliamentary form of Government, that the President acted malafide unla......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....assed by the trial Court. 3. In course of the hearing of the matter the High Court Division noticed that the defendant- husband had filed an application to the Chairman of the Local Union Council seeking permission under section 6 of the aforesaid Ordinance to take a second wife allegin......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....property after the benami transaction. 10. The practice of benami transaction in this country is of very old origin dating back before the Muslim rule. The Judicial Committee of the Privy Council in Gapeekrist Gossain vs. Gungapershad Gossain (2854) 6 MIA 53 pronounced the first author......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... some provisions in the Constitution. There are provisions regarding appointment of Judges, their tenure of office, their removability only after being tried by their on peers in the Supreme Judicial Council where thy have the fullest opportunity to defend themselves, their salary being chargeable o......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......a contesting candidate challenged the election by filing an election petition on 13-4-92 contending, inter alia, that the adjourned election held on 26-2-92 for Ward No. 1 at Amtali Primary School Centre has been vitiated by practicing fraud in the said election by the said elected Chairman. The..Category: Others | Date: | Hits: 87
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barguna Union Parishad was going on. ..Category: Criminal Law | Date: | Hits: 77
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....of Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102), arising out of a suit for declaration that a certain gift made in 1879 was inoperative, their Lordships of the Privy Council observed (judgment delivered by Lord Watson), “the cause of action has no relation wh......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....nd the appellate Court were therefore called upon to determine whether the transactions were benami or not. The law of benami transaction has long been settled. The Judicial Committee of the Privy Council in Gopeekrist Gossain vs. Gungapershad Gossain (1854) 6 MM 53 was probably the first author...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
...., amongst others, “the rule of law. fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens”. Dr. Farooque quotes from the Bar Council Rules of Professional Etiquette for Lawyers and submits that the lawyers in general and the ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450