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Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ect on the death of the Testator which took place on 13.3.1945. Under section 211(1) of the Succession Act 1925 "the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes and all the property of the deceased person vests in him as s......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....f Mauritius [1985] 1 All ER 864. "[T]he Parliament of Ceylon passed Acts pursuant to a legislative plan ex post facto to secure the conviction and enhance the punishment of particular individuals legalizing the imprisonment while they were awaiting trial, making admissible statement which had be......judicial and arbitral functions of tribunals. Like Sampath's case none of the Tribunals in our case is presided by an executive officer. 28. The interpretation given in Sampath on the question of status of the Administrative Tribunal came up for consideration in MB Majumder Vs. Union of India, A..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appel...... was held therein that Jamuna Oil Co. Ltd. is a legal entity distinct from Bangladesh Petroleum Corporation. It is this distinctness of legal entity which is now being sought to be extended to the status of employees of former Pakistan National Oils Ltd., now working with Jamuna Oils Co. Ltd., I..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... specially when the same shebait granted the farag Ext. 4 with respect to the same land to the defendants as well, "It was also held that when the shebait (PW 4) did not or could not prove any legal necessity for permanent settlement of the suit land with the plaintiffs, they did not derive ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ioner (Rev) Bakerganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....he cement passed with the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without jurisdiction. 7. The appellants (in CA 22.91) in their affidavit‑in‑opposit......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....formant and other witnesses told him about recognition of the accused. This kind of corroboration without specifically mentioning the names of the witnesses and the accused cannot be considered as legal and sufficient corroboration because the evidence of recognition is not uniform in that none ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....g by the learned Additional Sessions Judge, 1st Court, on 15.3.87 but the second party remained absent whereupon the learned judge upon perusal of the judgment of the learned Magistrate found no illegality in the same and accordingly rejected the revision by an order passed on the same day. ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... and principles of natural justice. This court has repeatedly held that granting relief’s summarily on a revisional application without issuing any rule on the opposite‑party is neither legal nor fair. See Abu Ahmed Abdul Hafiz & Ors. Vs. MA Hoque Shirajee, 1983 BLD (AD) 193; Aziz......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....e lawfully sustained on the basis of their individual confession in the present case. 7. Mr. Md. Abdus Sobhan, learned Advocate appearing for the accused‑appellants could not show any legal infirmity with regard to the admissibility of these confessional statements. He argued ft acc......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....te Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (since deceased and substituted by his legal heirs) who is the son of aforesaid Ekram Miah Chowdhury was die principal defendant in the su......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... any party to appear before the Court." 26. The language employed in sub‑section (2) of section 36 has to be closely scrutinised. A Labour Court is not a Civil Court at all. It is only by a legal fiction or a statutory hypothesis that it is to be treated as a Civil Court. 27. When the l......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....court. 11. The respondents' main contention is that the writ cannot be granted to the appellant's husband who, as it appears on the papers of the return, is kept in custody in execution of a legal sentence. Reliance is placed on In re Vs. Bonomally Gupta, ILR 1917 Cal. 723 (733), Janardha......f the Defence Services not below the rank of Major or equivalent. 70. The Martial Law Regulation 1975, therefore, itself prescribed, recognised and maintained a perceptible difference in the status, composition and powers of the Special Martial Law Courts and the Summary Martial Law Courts..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....section 106 of that Act. They contend that a tenancy, whatever may be its duration, is a "lease" and that the right of the tenant is not a personal right but it is survived by, and passes on, to his "legal representatives", as defined in the Premises Rent Control Ordinance, 1963 and also within the ......y and heritability is an incident of the tenancy. It cannot be assumed, however, that with the determination of the tenancy the estate must necessarily disappear and the statute can only preserve his status of immovability and not the estate he had in the premises in his occupation". 14. That a ..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....ter hearing did not find Respondent No. 2 guilty of the misconduct as defined in section 17 (3) of the Standing Orders Act and accordingly held that the order of dismissal of respondent No. 2 was illegal and passed an order directing reinstatement as earlier stated. As against that the petitioner......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....8 are implied in a charge under section 149. It may, however, be advisable to add a charge under section 148 with charges of other offences of the Penal Code read with section 149. There is also no legal bar to frame a charge under section 148, along with a charge under section 302/149. A charge ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....y under section 457 P.C. when charges are under both sections. Madras and Oudh Courts have taken a contrary view. The view taken by them is that conviction and sentence under both the sections are legal, as both the offences are distinct and separate offences. The Oudh Chief Court has followed t......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ing on behalf of the appellant but has submitted that the Court should take notice of the fact that a growing lack of the sense of responsibility has become a regrettable feature of the present day legal profession and some steps should be taken to arrest the gradual decline of the standard of t......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....de and the order dated 4-12-1968 imposing excise duty in the Stockinets (hoses) manufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......upon him on 3-6-61 after the sale of the said property to the plaintiff asking the defendant to attorn to the plaintiff. The defendant gave an evasive reply to the said notice by stating that his status was not affected by the transaction referred to in the said notice but did not disclose the n..Category: Tenancy Law | Date: | Hits: 68
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