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Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... but it is an election in part as the results of election held in the other two Wards of the Union were maintained and kept intact so as to be amalgamated with the result of the fresh election in the disputed Ward. In such an election no fresh candidate can contest, no nomination paper is necessar..Category: Election Law | Date: | Hits: 152
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
.... of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. 4. The case..Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....servations do not appear to have any relevance in relation to the facts and circumstances and the law under consideration. 12. The question relating to the release of requisitioned land, it is not disputed, falls within the administrative function of the requisitioning authority and if the said..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....tation Act. 9. Thus the above contentions revolve round the question whether the second proviso to paragraph 7 of the Fourth Schedule of the Constitution is mandatory or directory. It could not be disputed that, in genera), the provisions in a Constitution should be regarded as mandatory where ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....ant Haji Abdur Rahman for a sum of Rs. 700/- subject to the contract for reconveyance, reciting further therein that he received from Shahar Ali a sum of Rs. 1300/- only. 3. It was not disputed by the defendant Haji Abdur Rahman, as it could not be, that by the Kabala in favour of Sh..Category: Property Law | Date: | Hits: 47
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....reunder otherwise an order of attachment made without one or other of these findings is without jurisdiction." 9. In the instant case, the learned Magistrate attached the disputed land on 16.11.67 under sub-section (1) of Section 146 of the Code in pursuance of directio..Category: Criminal Law | Date: | Hits: 49
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ed that it might be that Habi Durani brought his children in the house of Yasin to save him from the consequence of murder by their false evidence. 14. The manner of occurrence has also been disputed. The story of serving tobacco by Maleka to the prisoner not only seems to be unusual, it f..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....nce of at least two witnesses. This formality is called talab-i-ishhad—demand with invocation of witnesses. 8. In the instant case, according to the plaint case, the disputed sale was completed by registration of the kabala Exhibit B on 12-10-57 corresponding to 25..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....he High Court Division was well founded in law in holding that the suit was not maintainable without declaration of the plaintiffs' title to the suit land as they were out of possession. It is not disputed that Mungro Mali was the original owner in possession of the suit land and that he ex..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....on for pre-emption the record of right was changed in the name of Sakina Bai. As a result of the mutation so effected by the respondents the appellants ceased to have any subsisting interest in the disputed land. Had this mutation been effected with a notice to the appellants, it might be argued ..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... Aman Co-operative Housing Society Ltd.; admittedly the plaintiffs purchased it from proforma-defendant No.3, a member of the Society, who got the land in allotment from the Society. It is not disputed that the land under allotment to proforma-defendant No. 3 was sold to the plaintiffs with..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....tion 26(F) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he i..Category: Property Law | Date: | Hits: 48
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....e father. It has been further stated that the appointment was made in accordance with the direction given by his father in presence of all his heirs, and since then he had been functioning as the undisputed 'Sajjadanashin' of the Darbarsharif. The plaintiff also stated that the lands described i..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....ereafter numerous reminders were issued for the outstanding arrear e.g. dated 6.8.70 19.2.71. Mr. Assault Hossain who had been given the opportunity of going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that hi..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....arers had lost their interest in the land in question by transfer or otherwise and that the High Court Division illegally shifted the burden of proof upon the pre-emptee in this respect. It is not disputed that the left-out Persons are co-sharers by in-heritance. But there is no evidence whateve..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... is pleased to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 16. Referring to his ability as a reputed doctor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot b..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....s or description of the office held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and the designation of Chief Mart..Category: Constitutional Law | Date: | Hits: 292
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ctions became void ab initio, and consequently production of a certificate from the appropriate authority concerned was no longer necessary, and as such, the disputed sale deed was validly registered. 7. High Court's' judgment is founded prac..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....ection 145 denied any apprehension of breach of the peace from their side, but the learned Magistrate (one Mr. Kazi Farid Ahmed) nevertheless, pursued the papers of both the parties relating to the disputed land and by an order dated 16 October 1978 asked the second party to execute a bond with s..Category: Criminal Law | Date: | Hits: 51