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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ....... Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......lved in the appeal. 2. This appeal by special leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declarat..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......execution case on the 10th November, 1970 there is no doubt that more than three years had lapsed thus the execution case becoming barred under Article 182 of the Limitation Act. The learned Single Judge in order to overcome this bar invoked the aid of section 14 sub-section (2) of the Limitatio..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......tween a bond for keeping the peace and a bond for good behaviour or to non-application of mind to the question involved. 4. This order was challenged by the second-party before the Sessions Judge, by a revisional application seeking a reference to the High Court Division under section 438..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e seized gold and silver, to make payment of the reward to him. 5. Legality of the order of High Court Division has been challenged by the appellant contending, inter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended t..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ...... 258 ; PLD 1970 SC 335. In the case of Dr. Hori Ram Singh the question involved was whether an appeal from an order of the High Court directing re-hearing of a criminal appeal by the Sessions Judge is judgment or 6n»l order within the meaning of section 205(1) of the Governm..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... by the trial Court but on appeal the lower appellate court dismissed the suit on reversing the judgment and decree of the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......t demand to the Official Liquidator, who rejected the demand on the ground that it was time barred. Thereafter the Appellate Commissioner of Income made an application before Company Judge for direction on the Official Liquidator to make provision for payment of the demand in respe..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......m the judgment of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The appellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of default and b..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ...... Ruhul Islam J.—This appeal by special leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreein..Category: Property Law | Date: | Hits: 57
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......plaintiff was not entitled to any decree for redemption or reconveyance. The trial court held that the transaction was an out and out sale and dismissed the suit but on appeal the learned Subordinate Judge reversed that court's finding and found the transaction to be a complete usufructuary mortgage..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ical activity, by keeping him behind the bars. As salient Instances of such amendments the following may be mentioned- (a) Constitution of Special Martial Law Court originally was with a Sessions Judge as Chairman. This was changed in such a way as to enable constitution of each Court with an of..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... the document, in question, was registered on 21st June, 1976. So the petition was premature and in that view of the matter dismissed the pre-emption case. On revision being taken, the learned Single Judge following the decision in the case of Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) ..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......amentary Affairs, Government of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca ………&hel..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......he order for pre-emption has been set aside. The trial court rejected the application for restitution whereupon an appeal, being Misc. Appeal No. 154 of 1978, was preferred before the District Judge. The learned Subordinate Judge who heard the appeal, took the view that provision for resti&..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... means judgment seat; court of justice or arbitration; a body appointed to adjudicate in some matters. In common parlance dictionary meaning of the word 'tribunal' is 'court of justice' or 'seat of a Judge’; and the word Judge means authority by which contested matters are decided between the riva..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......e School continued till her death. After the death of her husband was claiming half of the entire, properties which led the Respondent No. 1 to file the partition suit in the Court of the First Sub-Judge, Dacca being Suit No. 113 of 1969. From here the real story begins. After liberation, Rajbal..Category: Property Law | Date: | Hits: 65