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Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....ppeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed fo...... accrues on not the date of execution or presentation of the deed for registration, but on the date of its registration under section 60 of the Registration Act. 9. We find that a long line of decisions of the erstwhile Dhaka High Court has followed the principle that when registration is c..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....dvocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). Judg......wise pecuniary interest in the affairs of the Upazila Parishad, and as such he has got no authority to hold the office." 18. In view of this pronouncement it is not necessary to consider any other decision. But a question of liability of partner has been raised. The case of Australasia Bank Ltd..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.2. Civil Appeal No. 42 of 1989. (From the judgment and order dated 10.1.1989 passed by the High Court Division, Jessore Bench, Jessore in Writ Petition No. 44 of......slature wanted to eliminate such person from holding a public office because such person, who was defaulter would not be considered suitable for performing the public duty. This was considered in two decisions of this Court in 41 DLR (AD) 48 and 40 DLR (AD) 10. It was further elaborated in Sheikh ..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....as also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the application holding that there was a sale of the assets of the assessee ...... filed further appeal before the Income Tax Appellate Tribunal which was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appl..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....s a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. After his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhina Ranjan Dutt......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....ismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money dep......ub-section (2) of section 34 that the Court has refused such interest and the interest awarded will be payable only from the date of the decree. In support of his submission he has referred to some decisions to which we shall advert in due course. 9. Mr. Shafique Ahmed, learned Counsel for resp..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
.... Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No.1. Not Represented — Respondent No. 2. Civil Appeal No. 66 of 1989. (From the judgment and order dated 14th February, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 1632 of 19....... (2) A person in the service of the Republic or of any statutory public authority may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any ..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Criminal Appeal No 6 of 1988. (From the judgment and order dated 13.7.1987 passed by the High Court Division, Rangpur Session in Criminal Appeal No. 126 of 1...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....e with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent No. 1. Respondents No. 2-6 — Not Represented. Civil Appeal No. 57 of 1989. (From the judgment and order dated 21.3.1989 passed by the High Court Division, Barisal Bench, in Writ Petition No. 16 of 1988). ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....he Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate instructed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civil Appeal No. 36 of 1989. (From the judgment and order dated 10th November, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324 of 19......cquisition of their land was illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper appreciation of the plaintiffs' case (and of the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs' land..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
.... Md. Abut Quasem, Advocate-on-Record— For Respondent No. 1. B. Hossain, Advocate-on-Record— For Respondent No. 2 (State). Criminal Appeal No. 19 of 1987. (From the judgment and order dated 4 September, 1986 passed by the High Court Division, Dhaka in Criminal Revision No. 180 of......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....pellant. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record— For the Respondents. Civil Appeal No. 47 of 1989. (From the judgment and ordered dated 13.2.1989 passed by the High Court Division, in Writ Petition No. 316 of 1986). Judgment ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1988). ......d within its jurisdiction under Rule 70 of the Union Parishads (Election) Rules, 1983 and directed for re-election in this case. In the facts and circumstances of the case and in view of this Court's decision dated 19th February, 1989 in Civil Appeal Nos.40, 38 and 29 of 1988 with Civil Appeal Nos..Category: Election Law | Date: | Hits: 111
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ate (Mahbubey Alam, Advocate with him), instructed by B. Hossain, Advocate-on-Record—For the Appellant. Ex-parte- Respondents. Civil Appeal No. 121 of 1983. (From the judgment and decree dated 1st September, 1980 passed by the High Court Division in Transferred Suit No. 1 of 1980). ......ul order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour giving rise to a cause of action for mandatory injunction and finally concluded- "Notwithstanding the decision in this suit I shall expect that the suggestion of the District Judge will be given due con..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....ssain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respondent Nos. 2-14. Civil Petition for Special Leave to Appeal No. 109 of 1989. (From the judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989). J......angle namely, expenses incurred by the defendants "without considering that if a market is constructed the entire educational atmosphere of the school will be destroyed as such the High Court's decision is erroneous in this regard and the High Court Division without proper application of mind ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented—Respondent Nos. 2-21. Civil Appeal Nos. 40 and 61 of 1989. (From the judgment and orders dated the 14th February and 23rd March, 1989 passed by the High Court Division, Chittagong Bench in ......983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....hmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented.—Respondent Nos. 2-4 Civil Appeal No. 11 of 1988. (From the judgment and order dated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of 1984). ......ite finding as to whether summons was served upon the defendant-appellant, the learned Judge of the High Court Division ought to have either remanded the case or examined the record himself for a decision as to alleged non-service of summons. He also submitted that interference in revision bei..Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....rd— For the Appellant. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented. — Respondent Nos. 2-26. Civil Appeal No. 25 of 1987. (From the Judgment and Order dated 11th December, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986)......the learned Judge and a final order having been passed ex parte on the application of respondent No.1 the learned Judge has not had the occasion to know about the same. It has been held in an earlier decision of this Division that such ex parte final order should not be passed as it violates a princ..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....he Appellant. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 10. Not represented. —Respondent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th December, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986)...... the High Court Division ought not to have interfered in the matter. 4. We find substance in the contention of the appellant. In the facts and circumstances of the case and in view of this Court's decision dated 19th February, 1989 in Civil Appeal Nos. 40, 38 and 29 of 1988 with Civil Appeal No..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....ud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 passed by the High Court Division, Dhaka in First Appeal No. 40 of 1965). Judgment ......al without taxing into consideration exhibit. A order of the government of Pakistan directing the Commissioner of Income Tax to retire the respondent consequent on rejection of his appeal against the decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Addi..Category: Employment/Service Law | Date: | Hits: 80
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