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Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....o death by the Judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ Jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. ......n in any manner whatsoever or declare illegal or void the Proclamation or any Martial Law Regulation or Orders or other orders made by the Chief Martial Law Administrator in pursuance thereof, or any declaration made by or under the Proclamation. In face of the above provisions the learned Counsel a..Category: Constitutional Law | Date: | Hits: 292
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....jurisdiction of under Article 102 of the Constitution, acted in accordance with law in restoring the Writ Petition to the file on setting aside the judgment already pronounced and signed. 2. Facts for disposal of the appeal are that the appellant filed a writ petition under Article 102 of the Con...... to the file on setting aside the judgment already pronounced and signed. 2. Facts for disposal of the appeal are that the appellant filed a writ petition under Article 102 of the Constitution for declaration that the notice dated July 21,1976 issued by Respondent, Special Additional Land Acquisi..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule......ues on "the date of the final decree of the appellate court." 2. Facts of the case are rather simple. The respondent-plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendant for declaration of title and recovery of possession of the suit land. The suit was decreed by the Munsif..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions invol......nal. It further provides that no court shall entertain any suit for the Specific Performance of Contract relating to the transfer of immovable property of a member of minority community or for the declaration of title or enforcement of mortgage-security in relation to such property, except ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....peal by special leave is from the judgment and order passed by the High Court Division in S. M. A. No. 7 of 1973. The judgment-debtors are the appellants and have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is availa......2. In the facts of this case whether it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declaration of an easement right over the passing of water through a drain between the respondents ..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....80. Judgment: Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of......aimed as a matter of right and as such there being no cause of action for seeking remedy by filing the writ petition, the learned Judge by an erroneous decision made the impugned declaration in favour of the respondent. 6. It appears from the judgment of the High Court D..Category: Criminal Law | Date: | Hits: 171
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....dash;This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial......;This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Cou..Category: Property Law | Date: | Hits: 47
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....ming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady had independent advice and she properly understood the terms of the deeds before she executed the same. 2. Facts in short necessary for appreciation of the questio...... reverts back to her heirs, namely, respondent No. 2 Mahtabuddin and the appellant Rokeya Khatoon according to their respective shares. Mahtabuddin cannot get the benefit of the result of the declaration. Transfer of the property in favour of respondent No.1 to the extent of his share stand..Category: Property Law | Date: | Hits: 57
....l No. 160 of 1972.
2. The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void......160 of 1972.
2. The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and w..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....orrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing hi......ion taken under the Martial Law Regulation is challenged on the ground of want of Jurisdiction or mala fide, the Superior Court in exercise of its writ Jurisdiction is competent to make the necessary declaration. I do not consider it necessary to discuss this question at length." In that case al..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli......ted by both sides. Some of these decisions may be discussed. 24. Bharat Bank case relates to an industrial dispute, and the decision of the Industrial tribunal under certain matters, required a declaration by the Government, and so the question arose whether it was a tribunal under Article 136..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....t of the High Court Division of Writ Petition No. 43 of 1978. By order dated 19.7.1977 the Additional Deputy Commissioner Land Acquisition requisitioned the premises at 85, Kakrail Road, Dacca for the accommodation of Little Flower School, under the Emergency Requisition of Property Act. Le......oning again series of litigations cropped up between the parties, some of which are still pending. At one time the Respondent No.4 filed Title Suit No. 700 of 1975 in the First Court of Munsif for declaration that he is the sole proprietor of the Little Flower School and he was entitled to close..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....nged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the presc......cant from that date. 5. Respondent No. 1 moved the High Court Division under Article 102 of the Constitution challenging the legality of his removal from office and succeeded in getting the declaration sought for by him. The impugned notification is as follows:— &ldquo..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....hul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting aside the Judgment of the Election Tribunal. ......did neither count the ballot papers on the close of the election nor signed their respective forms nor they were available with the ballot accounts and other required papers, and as such the declaration of the resell In form "K" by the Returning Officer is wholly Illegal; ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....in alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyer......se entirely are beyond realm of the writ jurisdiction. These are eminently within the jurisdiction of an appellate Court. In the given case the learned Attorney-General has drawn our attention to the declaration of suspension of rules under the Army Act by a notification dated 4th July, 1981 and the..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act the dividends as income received by the assessee for the assessment year 1967-68. 3. The assessee preferred an appeal against this ord......s only the division of profits or gains earned by the trading operation and the bonus is assessed in respect of the trading operation which is the only source of profits and gains, and the declaration of the dividend is merely the division without any income accruing of the profits and ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ose of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedul......of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....y Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a Director and share-holder, filed an application under section 162 of the Companies Act, 1913 for winding up of the Appellant Company, Bengal Water Ways Ltd. being Matter No. 9 of 1975. Th......un, was shown to have been elected as an Additional Director and through Zohura Khatun Zahiruddin Ahmed got a suit filed, being Title Suit No, 255 of 1973 in the 6th Court of Munsif. Dacca seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of ..Category: Business or Commercial Law | Date: | Hits: 110
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Shakherchar by the Government under Notificatio......appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Shakherchar by the Government under Notification dat..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....nbsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......nbsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subo..Category: Property Law | Date: | Hits: 69
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