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Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......dicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the Courts of law as one of the valid modes to appoint a Sajjadanashin. The Privy Council in the case of Sain Maule Shah vs. Ghane Shah 42 C.W.N. 1018 observed that the succe..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....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. ......chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped the decree is not admissible in evidence as provided in section 35 of the Stamp Act. The Privy Council held in Ram Rattan vs. Parma Nand 50 C.W.N. 367, “Unstamped memoranda of a partition ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....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: ......le to pay such [tax, penalty or interest] a notice of demand in the prescribed from specifying the sum so payable]” 9. In the case of Doorga Prasad vs. Secretary of State, 13 ITR 285, the Privy Council observed that "in their Lordships' opinion, although income-tax may be popularly described..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......ontinent since November 15, 1919 when rule 4 of, the Civil Service Rules was brought in by Resolution No. EA 1054, made by the Government of India with approval of the Secretary of State for India in Council. It reads thus: "Government will have an absolute right to retire any officer after he,..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ...... participation in the liberation straggle of Bangladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the A..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ly took much wind out of the sail, that is, the main ground of attack against the confirmation of the sentence by the President lost its force. 15. Now let me deal with the question raised at the Bar as to whether the Constitution of Bangladesh having been allowed to be continued under the Pro......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)
.... 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. ...... 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
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......to the English law, therefore, does not give as much assistance in the interpretation of s. 144. 15. In "Jai Berham vs. Kedar Nath Marwari", AIR 1922 P.C. 269, the Judicial Committee of the Privy Council considered the score of a.144 and duty of the court to effect restitution and held, "It ..Category: Procedural Law | Date: | Hits: 111
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....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. ......e that the words "same relief" could not be construed so as to look not to the primary relief sought in a proceeding but the ultimate object with which the relief was sought. In the Privy Council case a preliminary mortgage decree was obtained which was amended in some respects not mat..Category: Property Law | Date: | Hits: 54
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....l Rights, and any law to made shall to the extent of the consistency be void. 3. Before entering into this question, I will refer to some of the decisions from a long string of cases cited at the Bar. They are: United Province vs. Atiqa Begum, AIR 1941 F.C. 16; Shri P.C. Mills vs. Broach Munici......retirement, when the impugned order of retirement was made. He alleged hat on certain official matters the Minister, Establishment Division, got annoyed with him for his candid views. In a meeting of Council of Ministers held in July 1978, he alleged the question of dealing with corruption in public..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......the case under appeal. His task is more onerous because the trial Court which has witnessed the demeanour has given benefit to the accused. In Sheo Swarup vs. The King-Emperor, 39 CWN 15 the Privy Council observed: "But in exercising the power confer..Category: Criminal Law | Date: | Hits: 40
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... shall lie against any officer of the government for anything in good faith done or intended to be done under this Act." 8. In the case of Raleigh Investment Co. Ltd Vs. G. G. in Council, reported in A.I R. 1947 (P.C.) 78, their Lordships of the Privy Council considered the abo..Category: Fiscal/Taxation Law | Date: | Hits: 85
Category: Employment/Service Law | Date: | Hits: 109
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......ich the said moneys shall be transferred, paid, or placed. 3. No money shall be paid out of Court except in pursuance of a decree or order of the Judge." 12. The learned Council mentioned that in the neighbouring country of India in 1971 the Naval and Aircraft Prize A..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......er may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the question of restitution under section 144 of the Civil Procedure Code i..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ocates. Their arguments have been of great assistance to us. 3. It is to be remembered that all the members in the Police Service have been described as 'Disciplined Force' in the Constitution. Barring this, no other specific reference has been made in the Constitution regarding them and the r......rvice of Bangladesh holds office during the pleasure of the President. This pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of de..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97