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Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d. The learned Munsif, however, while drawing up the decree did not leave out the first schedule land of the written-statement of defendant No. 49, from the suit land to be partitioned. The Pleader Commissioner was appointed for the purpose of effecting partition who did not leave out the first sc..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......sion with other co sharers made the purchase without the knowledge of the plaintiff and the public in general. Plaintiff came to know about the tale on 24th June 1953 and moved an appeal before the Commissioner, Chittagong which was dismissed on 18th November 1953 on the ground of limitation. His ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......e question of binding him with the statement therein does not arise. This observation, we find, got no legal or factual basis. For, these are certified copies of applications to the Additional Deputy Commissioner for settlement, who after necessary endorsement, incorporated them into the record of..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......) 81. ..Category: Employment/Service Law | Date: | Hits: 124
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......onal Officer and made an allegation apprehending some foul play on the part of their nephew Sonaullah Akhan. After some enquiry the Sub-Divisional Officer referred the matter to the Additional Deputy Commissioner (Revenue) to whom the Certificate Officer was directly subordinate. The Additional De..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... are, therefor, liable to punishment under section 4 thereof. It was furtherer disclosed that the appellants had subsequently subscribed a declaration which was authenticated by the Additional Deputy Commissioner as District Magistrate on 4th January 1984. It was opined by the complainant that no ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......naging Partner of the firm came to learn that the petrol pump was taken over by respondent No. 1 and was handed over to respondent No. 2 with the assistance of respondent No. 3, Additional Deputy Commissioner, (Development) Chittagong. Since then the petrol, pump is being run by respondent No. 2..Category: Business or Commercial Law | Date: | Hits: 118
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....a, District Chittagong was in which respondent No. 3 was declared elected as Chairman on 23rd January 1984. Appellant and respondent No 3 contested the election. The Union Parishad consists of wards, Ward No. 1 having two voting centres and the other two Wards had only each. Appellant secured 2,202 ......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......e appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......d to- The Queen Vs. The Justice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C.W.N. 812; The Commissioner of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Provin..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)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......he petition, directing that the triangular plot marked 'A' therein be derequisitioned but since no action was taken in pursuance of that order, he made a representation to the Additional Deputy Commissioner (Requisition) Dacca who on the basis of the direction of Mr. Madani took the view t..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......a meeting held on 26-1-70 the respondent was appointed as the Managing Director of the firm. It is stated further that on 31-1-70 the respondent as Managing Director of the firm applied to the Deputy Commissioner and Assistant Custodian of Enemy Property. Barisal for withdrawal of the Administrator ..Category: Property Law | Date: | Hits: 125
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
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. ...... defendants 1-4 and the same were secular properties having not been dedicated to the charity or to a trust or to Allah. It was found on the contrary in E.C. Case No. 614 of 1963 that when the Wakf Commissioner directed for recording the plaint schedule properties as wakf properties, the plaintif..Category: Civil Law | Date: | Hits: 91
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: ...... This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....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. ......y in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not found to have got any "interest in the property through the deceased testator" ..Category: Property Law | Date: | Hits: 80
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. ......eed to him referred to the case of Pannalal Binjral vs. The Union of India, 1957 SCA 660. This case related to the constitutionality of section 5(7-A) of the Indian Income Tax Act which empowered the Commissioner of Income Tax and the Central Board of Revenue to transfer any case from one ITO to ano..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......plication end requires the administrative authority concerned to base its decision on an objective determination of facts". 15. In the case of Abdur Rahman vs. Collector and Deputy Commissioner (1964) 16 D.L.R (S.G) 470=PLD 1964 S.C. 461 It was held that "principles of natu..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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. ......ate decision given by the reviewing authority. In that view of the matter I do not consider any useful purpose would be served by any discussion on the following cases, namely, Patterson vs. District Commissioner of Accra (1948) AC 341, Franklin vs. Minister of Town and Country Planning (1948) AC 87..Category: Constitutional Law | Date: | Hits: 292