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Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....ea. According to the writ petitioner this curtailment of Ward No. 24 from the area of the writ petitioner and the appointment of respondent No. 3 a person resident of different police station was illegal. 4. A Division Bench of the High Court Division by the impugned judgment and ord......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....tiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....ted thereunder by any judge for the offence under the Arms Act. The High Court Division further found that in the instant case there was no allegation even, that he has used the fire arms in any illegal activities and there was no such allegation in the FIR of the above mentioned case that is Fa......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....en by the Administrative Tribunal, Dhaka in A.T. Case No.84 of 1996 and after rendering service physically for more than 6 months by the respondent, the Secretary, Ministry of Social Welfare most illegally and only to harass the respondent passed an order dated 11.11.99 directing further enquiry ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....uire any power for making appointments and postings of the Judges of the Artha Rin Adalat including that of the respondent No.5 and the appointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 20......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....f Subordinate Judge, and Artha Rin Adalat, Rangpur and that the suit was maintainable under the provision of Section 20 of the Code of Civil Procedure, that the direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appe......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....he present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and void. Thereafter the suit was transferred to 1st Additional Assistant Judge Co......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....nt, it should be deemed that the Government has assumed the liabilities of the erstwhile Government of East Pakistan. It is true that under Article 4(1) of President's Order No. 69 of 1972, all legal proceedings that were pending before and against the Government of Pakistan or East Pakistan......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......statutory notices issued under sections 23(2) and 22(4) of the Income-Tax Act, as such the Income-Tax Officer completed the assessment under section 23(4) of the Income-lax Act and treated the status of the respondent as an unregistered firm and rejected the prayer of the respondent for ren..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... 4. The defence of the tenant was a challenge to the exclusive ownership of suit premises by the appellant. He also challenged the facts of his sole induction into possession by the Appellant, the legal validity of the notice u/s 106 of the Transfer of Property Act, the bonafide requirement of p...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....der No. 90 of 1972 clearly states that notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any court aga...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....as held that it is" not necessary, indeed, it is undesirable to insist in such cases upon a test which depends upon a clear understanding of each detail of the matter which may be greatly involved in legal technicalities. It is sufficient that the general result of the compromise may be understood, ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... and interest within the stipulated period no matter whether the profits of land taken by the mortgagee had been of sufficient value to cover the total amount of the loan with interest thereon. The legal effect of it is that after expiry of the stipulated period the property automatically comes ba......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....espondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right as to the contract for which the tenders were invited and the ......roneous inasmuch as no right of theirs was threatened." 3. In the present case arising out of the Suit No. 179 of 1979 the learned Munsif by his order dated 1.8.79 directed the parties to maintain status quo. As against the order an appeal being Misc. Appeal No 366 of 1979 was filed before the di..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ave always vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authority, or Court, and all suits, appeals, petitions or other legal proceedings pending before the commencement of the Regulation in any Court shall abate. The ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ecommendation shall be made by a Board unless the Government servant concerned has been given an opportunity of being heard in person without being accompanied by any friend, advisor or any legal practitioner." The proposition is that unless the government servant concerned has been ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....may be specified in this 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 hel......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....etween the plaintiff's on the one hand and Balaram or Respondent 1 on the other, and the tenancy was created on the mere payment of rent between the landlord and tenant. A tenancy of this nature is legal and valid in terms of section 106 of the Transfer of Property Act. It has been termed to be ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....ed by the Factories Act and shops and Establishment Act, 1965, as well as by the IRO. They are, therefore, entitled to the benefits under those Acts of which they were deprived by the appellant illegally. Respondent Nos, 2-19 stated that they are entitled to three days' compensatory leave for th......t unless a person is able to identify his duty as relatable to the definition, he cannot, just because he is employed in a factory, become a worker within the definition. The determination of the status of "workers" is dependent upon the nature of their duty…………(7) Lawyers Involved: ..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....) of the Bengal Agricultural Income Tax Act. The relevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes and in the case of property so held i......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
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