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Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....n misconceived the provision of law governing criminal revision against an order of conviction, took into consideration some inadmissible evidence and thereby misdirected himself by unjustly and illegally interfering with the order of conviction and acquitting the respondents. The learned Deputy......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....s. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is irrelevant. There is no legal presumption as to maternity and it is a question of fact. Per Shahabuddin Ahmed J…&hel......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....ng the application for pre-emption. Had the point been determined in the negative respondent No. 1 could not have succeeded in obtaining a favourable order, from the Court allowing pre-emption. The legal position as stated by this Court in the case of Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......efendant and came to the view that the defendant was a licensee under the plaintiff and in this view of the matter recorded the finding as under: ''In my view as stated above the status of the defendant who has not acquired any title though in possession under oral agreement i..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... Apparently it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of salary against these persons. It is illegal Moreover it is apparent chat & huge work of market construction investing several lacs h......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......uit the inference drawn from such document is a question of law and there is no escape from the conclusion that the trial court was correct in drawing the conclusion as it did. Now the question of status of the plaintiff's vendor. In the case of Abu Nasser Sayedullah Vs. Abdul Malik alias Mala a..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....his sub-section or prescribed in this behalf, be included in the total income of the person receiving them,— (i) Any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and in the case of property so ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachment or sale by any officer of the Cour......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... force. According to him, there is a distinction between such property and any property which is subject to contract for sale after the aforesaid Order came into force. In any case there is no point, legal or otherwise, in passing the order of abatement of the suit suo motu when the Government i...... application also for the reason that the possession of the property was never taken by the Government. 7. Moreover, there are no provisions of law for determination by any Court of law as to the status of a property in respect of which there has been a contract for sale before President’s Ord..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....angladesh Appellate Division and High Court Division The High Court Division has no jurisdiction to deal with matters which lie within the jurisdiction of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is foun......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....nt Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen to prevent the properties from being illegally transferred, there was necessity for appointment of a receiver. 5. Written object......filed under Order 40, rule 1 of the Civil Procedure Code for appointment of receiver. 3. In the application for injunction the trial court passed an order directing the parties to maintain status quo which order was made absolute on December 2, 1980 and in the application for appointment..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....re the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case. Passing of such order in such manner is not an illegality. Passing of such an order without hearing the appellant, if the order is otherwise legal a...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....On March 23, 1977 the guarantee was extended upto March 24, 1978. 12. On the failure of the defendant-respondents to satisfy the claims of the plaintiff-appellant, the latter served a legal notice on 30.1.77/1.2.77 (for meeting the claims). On March 12, 1977 defendant No. 5......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....t, Dhaka against the defendant-appellant for a declaration that the order of his dismissal from service vide Memo No. 4E/2/78/245(50) dated 5-10-78 issued by the Additional Manager was illegal, void, inoperative and, therefore, not binding upon him and that he had been still in service......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ontends that exceptional circumstances must exist to justify entertainment of a second complaint after dismissal of the previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on mis......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....ellip;...........................Respondent Judgment November 23, 1983. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....s Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court Division by the complainant when ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) Cases Referred to- ......the present manner, according to the principle laid down by this Court in Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127 and also in not holding that the appellant acquired at status of a non-temporary or a permanent employee as defined under Article 177 of the Constitu..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....n with accused No. 1 took away Tk. 5.000/- from the business of the complainant and those amounts were taken without the consent of the complainant. The complainant stated that by their conduct and illegal activities the accused have committed an offence under sections 420 and 406 of the Penal Code.......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....shy;tion already completed taking the ground that the decree was a nullity as five defendants, judgment-debtors, had died "before the final decree and the execution proceeding" but their legal representatives were not brought on record. The application was contested by the decree holde......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
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