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....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and conditions that he will become the shebait of the deity to perform the daily worship etc......2008) 24, 19 BLT (AD) (2011) 07.
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Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......hall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, by-law, instrument or contract or in any terms and conditions of service of a public servant" 19. It may be mentioned tha......hul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment September 3, 2007. ..Category: Employment/Service Law | Date: | Hits: 79
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......ith the provision of this section that makes a document a registered document. The document cannot be regarded as registered before the certificate is endorsed thereon and signed, sealed and dated in terms of section 60, nor has it to wait for acquiring the character of a registered document till af......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ..Category: Procedural Law | Date: | Hits: 119
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... by special leave is directed against the judgment and order dated 10.1.89 passed by the High Court Division in Writ Petition No.44 of 1988. 2. Leave was granted by this Court in the following terms: — "It was urged that respondent No.1 was a defaulter on the date of nomination of the ...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......e reference was not correctly visualised either by the High Court Division or by the Tribunal though section 10(2) (vii) was considered by them. Section 10 of the Income Tax Act is in the following terms: "10. (1) Subject to the provisions of this Act, the tax shall be payable, by an assessee u......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......iled a money suit, No. 444/85, in the aforesaid court against the appellant and others for recovery of an amount of Tk.97,750.00. The suit was decreed by judgment dated 26.8.86 in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte ag......J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Re..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ed that order in Writ Petition No. 1632 of 1989. By the impugned judgment and order dated 14.2.1988 the High Court Division held that as the Corporation's order of transfer was a matter relating to terms and conditions of the employee's service the Administrative Tribunal had exclusive jurisdict......MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Judgment December 12, 1989. Result: The appeal is..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......ing the illegal acquisition." 10. On appeal by the plaintiffs, the learned Additional District Judge, by judgment and decree dated 20.6.87 reversed the aforesaid decision and decreed the suit in terms of prayer (b)(c) and (d). As to prayer (a) he agreed with the trial Court that it was unnecess...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... Therefore, the obligation must rest on law. The plaintiff could not cite any law which raises such obligation the breach of which would give rise to a cause of action. Section 55 is in following terms: "When to prevent the breach of an obligation, it is necessary to compel the performance ......................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... 4. The plaintiffs' case is that, the Chairman of the present Managing Committee of this school had entered an agreement of lease for 1.07 acres of land for construction of a Super Market on certain terms and conditions and in pursuance of such agreement of lease the Respondents had already demolis......s also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... the special jurisdiction. It is a settled principle of law that if jurisdiction clearly conferred on a Court is to be ousted, the exclusion of such jurisdiction must be made in clear and unequivocal terms…(8) Cases Referred to- Musson V. Emile [1964] 1 WLR 337; Kirkness V. John Hudson &...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1989) Abdul Mannaf...........Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......spection by order dated. 11.11.86. Respondent No.1 who is defendant No. 5 in the said suit filed an application tinker section 115 of the Code of Civil Procedure complaining about certain part of the terms of local inspection. A Single Judge of the High Court Division, Dhaka heard the matter and b......reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......hth Edition (Revised), published by the Manager of Publications, Delhi in 1937. Income-Tax Department. Page 155. Chap. XI. 4. Thereafter the order was passed on 29th June, 1959 in the following terms vide Exhibit 8:- "Ext.8—Copy of Memorandum from Commissioner of Income-Tax, Dacca to Mr......ury J Shahabuddin Ahmed J ATM Afzal J The Republic of Pakistan (Now Bangladesh)................................Appellant Vs A.N.M. Serajul Haque being dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is al..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......er present in or absent from 'British-India' or indeed any other territory. It was finally held that "section 13 of the Limitation Act is a rule of extension of limitation, which applies within its terms, and as has been seen already its terms do not operate in relation to a legal entity such as t......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another....................Category: Procedural Law | Date: | Hits: 132
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......that suit does not operate as res judicata in the present suit. This point has no substance. Section 11 of the Code of Civil Procedure clearly comes into play and Explanation IV is to the following terms:- "Any matter which might and ought to have been made ground of defence or attack in such f......reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......ces ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landlord on the same terms and conditions as if interest of the original tenant has not been determined. No case has been...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... appellant will in no time take oath and come to hold office and in that case there will be no question of prematurity. We have already taken the view that Article 102 will not be available barring extraordinary occasion to side-track the normal forum of the tribunal to resolve election disputes, ......ted for election would not prevent a person from challenging in the public interest his right to sit in the house even after his election if that disqualification is still continuing." 11. The terms of Article 98 of the Constitution of Pakistan 1962 and Article 102 of our Constitution bei......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......perty must be rejected. 10. Before we examine the case closely we like to refer to some of the decisions cited from the Bar. When the Penal Code was made in 1860 section 34 was in the following terms:- "When a criminal act is done by several persons, each of such persons is liable for that ......se is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......Admittedly the cadre remained intact but the respondent has been singled out and reverted to his previous post for administrative convenience. The words ‘administrative convenience’ are vague terms. The appellant in his affidavit in opposition made out a case of bad reputation, dishonesty an......Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... property at the disposal of the Court. The Court has also the power to pass a conditional attachment of the whole or any portion of the property. 6. The power is no doubt very extensive but this extraordinary power must be sparingly exercised and with utmost caution, otherwise it may become a......hich belonged to a foreign company and that they have obtained it upon an arrangement. The details of the arrangement have not been disclosed. It appears that the chemical report required under the terms of negotiation was not before the Court at the hearing of the petition. The record shows that ......d in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
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