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Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....on 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. The obligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker......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. ..Category: Property Law | Date: | Hits: 30
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....is difficult to find fault with the draftsman when he used the expression "District Judge" instead of "District Court" if, it was meant that he should exercise the powers of a Court. Such an use in legal language, unless any contrary intention appears from the context, is capable of no other meani......me phrase in a similar context, in case it throws any light on the matter.—Payne V. Bradley [1962] A.C. 343 (per Lord Denning at p.357)." 5. It appears there were conflicting decisions as to the status of the District Judge when acting as an appellate authority under the Local Government (Uni..Category: Election Law | Date: | Hits: 125
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....aws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into consideration exhibit. A order of the government of Pakistan directing the......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. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... 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 the State of a Ruling Chief". 23. Section 13 of the Limitation Act occurs in......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. ..Category: Procedural Law | Date: | Hits: 132
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
....ty No. 3 in Schedule 'Kha' by a Deed of Gift dated 3 May 1967 to respondent No. 2, a School. She died three years later. Case of the petitioner is that neither of the two alienations was made for any legal necessity and as such these alienations were invalid. The trial Court held in his favour but...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..Category: Family Law | Date: | Hits: 157
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....a failure of justice. 7. We have perused the impugned judgment carefully. In a case based on circumstantial evidence, before any hypothesis of guilt can be drawn on the basis of circumstances, the legal requirement is that the circumstances themselves have to be proved like any other fact beyond ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....et aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses…………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Adv......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....s of law and fact pointed out by the High Court Division in the trial Court judgment but his contention is that notwithstanding those errors which is the result of inadequate understanding of the legal principles and inexperience of the Court concerned, the order of acquittal is otherwise supp...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
.... ground as stated above. 4. Mr. Jamiruddin Sircar, learned counsel for the appellant, has submitted that upon the facts found and proved in the case the conviction for an offence of theft is not legally sustainable. He has further submitted that as there was no dishonest intention at the ti......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....t the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal, etc. and also for permanent injunction against defendant-respondents. He also prayed for an o......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....ring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of sectio...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....the accused persons evidence does forthcome involving the complicity of the 4 accused persons against whom case has been withdraw, in the incident and occurrence of the said case, there would be no legal bar in proceeding against such persons in accordance with law.” 9. Mr. Asaduzzaman Khan,......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....973 he was served with an order of reversion to his previous post of District Kanango for administrative convenience. This order was challenged before the High Court Division for declaring it to be illegal, mala fide arbitrary, having nothing to do with any, administrative necessity or convenience a......the High Court Division for declaring it to be illegal, mala fide arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, status and salary and other amenities too without any reason or jurisdiction whatsoever and that t..Category: Employment/Service Law | Date: | Hits: 66
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... August 4, 1951 in favour of the respondents M. A. Sabur and his minor daughter Hosne Ara Begum and the other containing substantially the same provisions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne Ara in respect of their properties in West Bengal, India....... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings pending before a Court is available only when the allegations made in the charge-sheet and the first Information report, if remain unrebutted, do not constitute any offence or if there is any legal bar against continuance of the proceeding. In elaborating his submissions, the learned Attorne......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....ll not make a recommendation to the Government unless the Government servant concerned has been given an opportunity of being heard in person without being accompanied by any friend, adviser or legal practitioner. The Board in compliance of this Rule shall after examining the case recommend ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
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Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
.... charge and the goods of each of the three consignments were ordered to be confiscated. The respondent by filing a writ petition in the Dacca High Court being Petition No.315 of 1967 challenged the legality of the Order Nos. 463, 728 and 877 dated July 7, 1965, September 22, 1965 and November 17......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ious police stations under Serajgonj Sub-division and in one place he was resisted, by one Fakrul Islam. The detenu was responsible for the killing of this man and he also participated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....as executed between the surviving partner Abul Hussain Sulemanji, Saiya Bai and her five minor children. The deed contained a recital to the effect that whereas on the death of Taherally Adamjee, his legal heirs have been admitted as partners in accordance with the provisions of partnership deed and......jee according to the shares fixed by the Muslim Law of Inheritance. The minors were admitted to the benefits of the partnership but they are not responsible for the loss. The firm was assessed in the status of a registered firm for the charge years 1964-65, 1965-66, and 1966-67. The Income Tax Off..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
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