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Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......20.10.1993. 5. It appears that on the following day that is, on 19.10.1993, the Staff Council met at 12-00 Noon as per decision of the last night’s meeting and in course of the said meeting, an application from the Internee doctors was received in which they also demanded punitive action again..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in the absence of Mr. Sahjda Ali as a co-petitioner. The objection, therefore, must be deemed to have been waived. The writ petition cannot be said to be not maintainable on introduction of a fresh plea highlighting facts not agitated in the High Court Division and making them appear to be d...... was the further case of BTTB that Mr. AKM Moinul Haque who had sworn the affidavit in the writ petition was not a director or chairman of BTL and, as such, had no locus standi to sign and verify the application and that his name was not found in the Memorandum and Articles of BTL. 6. HBTL, the j..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......ined a Rule on 10.2.1992 in Civil Revision No. 366 of 1992 with an ad-interim order of stay of operation of the judgment. 4. During the pendency of the revision case the respondents filed an application praying for appointment of a receiver for the suit land stating, inter alia, that they ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......evicted from the house in June 1974, the respondents shifted to their present address and had been living there since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her b..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ave any corresponding right of revival of the proceeding under the repealed provision of section 339D. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or FIR. It is therefore to be borne in mind that under the unamended provision of su......ect. 6. The new Act was not given a retrospective effect, but in spite of repeal of section 339D (Provision of revival of a stopped proceeding), provision was made in section 6 of the new Act for application of section 339D, as if it was not repealed. When, before the coming into force of the ne..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....uit property from attachment on the ground that it was an abandoned property. Rupali Bank filed a written objection, but the appellant’s Miscellaneous Case No. 174 was dismissed on 25.2.77. A fresh sale proclamation was published in the ‘Daily Ittefaq’ on 5.2.78 and the suit pro...... drums in presence of witnesses. 3. The auction purchaser admittedly found appellant-Bangladesh and Director-General Radio Bangladesh to be in possession of the suit property and he filed an application to the Minister of Public Works and urban Development in 20.6.79 for releasing the sui..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....perty acquired by another. In the generality of cases in which Mohammedans belonging to the same family live in commensality, own property as tenants-in-common, carry on business jointly and make fresh acquisitions, their rights and those of their heirs can be determined with reference to expr......ent, must be determined by an appeal to general law. Joint ness in mess, residence and property and acquisition by one member in his own name with joint funds will go a long way in attracting the application of those provisions of law which entitle a person to a beneficial interest in the pr..Category: Property Law | Date: | Hits: 51
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....the defendants, without a suit for establishment of his title, was not maintainable. The learned Subordinate Judge accordingly set aside the decision of the learned Munsif and remanded the case for fresh decisions on the following, amongst other, observations: "In my opinion, as ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......aterial that the undivided family was disrupted and accordingly he was entitled to be assessed as an individual as required under section 30 of the Bengal Agricultural Income Tax Act 6. The application of the assessee for referring the above questions to this Court having been rejected by..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......effect that the parties adduced no oral evidence neither party took exception to this, either on 21st September, 1961 or any day before the 30th September, 1961 when the judgment was delivered. No application was filed by either party to modify that order and to allow examination of witnesses. I..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......ment and "discharged" under section 258(1) CrPC, the remaining ten accused persons including the other Abdul Md. Against the aforesaid order the complainant opposite-party No. 2 filed an application under section 437 CrPC before the Sessions Judge of Dinajpur who recorded an order that..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......e Opposite Party Nos. 1-2. Civil Rule No. 79 of 1967. Judgment: TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquis..Category: Property Law | Date: | Hits: 47
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......te-parties were convicted and sentenced under section 448 of the Pakistan Penal Code by Mr. MU Chowdhury, Magistrate, 1st Class, Patuakhali on 26.11.68. On that very date, the complainant filed an application before the said Magistrate under section 522 of the Criminal Procedure Code for restora..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ...... Party No 7. Civil Rule No 364 of 1970. Judgment: Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Maju..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......It, therefore, appears that each distinct offence must be tried separately, unless the exceptions mentioned in sections 234, 235, 236 and 239 can be attracted. Obviously, sections 236 and 239 have no application to the facts of this case. It is now to be considered whether the trial of the appellant..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......he Collector of Bakarganj to initiate proceeding for early transfer of the char from Mehendiganj police station to Bhola police station. As against this order, some of the petitioners filed review application before the Additional Commissioner, which, however did not succeed. It is lastly pointe..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......y No. 1. Civil Rule No. 144 of 1967. Judgment: Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defenda..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....eer by his memo No. 6170 dated 1.11.61 to make payment accordingly to the plaintiff. Thereafter the plaintiff approached the Executive Engineer for payment. The Executive Engineer, however, made a fresh reference to the Project Director calling for clarification of his order. On receipt of this ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....at notice by registered post was again issued by the Court only upon the opposite party Habibur Rahman Molla. The postal receipt and the acknowledgement receipt, which are on record, show that the fresh notice was issued on 9.8.66, and was received by the addressee Habibur Rahman Molla on 13.8.6......the same date the Court passed a decree in terms of the compromise. 3. The present opposite party No. 1 Parul Bala Debi, whose name appeared as plaintiff No.2 in the said Rent suit, filed an application under section 151 of the Code of Civil Procedure on 11 th June, 1966 in the 2nd Court o..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... start proceedings for assessment or re-assessment under section 34 of the Income Tax Act from the stage next preceding the stage at which annulment, etc took place and that without the issue of a fresh notice or furnishing of a fresh return, etc. These amendments were considered by the Supreme ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
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