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Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......cate B K, Das, Advocate, with him instructed by A. Rab-II, Advocate-on-Record—For the Petitioner. From the Judgment and Order dated 30-6-1980 passed by the Appellate Division in Civil Appeal No. 99 of 1979. Judgment:          &nbs..

Category: Property Law | Date: | Hits: 65

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......akarathanammal V.S. Loganatha Mudallar, AIR 1P65 S.C 271; Musammat Bilas Kunwar vs. Desraj Ranjit Singh (1915) L.R. 42 LA. 202; Gopeekrist Gossain Vs. Gunga-pershad Gossain (1854) 6 Moore's Indian Appeal 53; Imambandi Begum vs. Kumleshwari Pershad (1886) L.R. 13 LA. 160; Ram Narain vs. Muhammad ..

Category: Property Law | Date: | Hits: 448

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......e Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated Decem­ber 4,1979 pass..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... Ex-parte—Respondent No. 3. Civil appeal No 37 of 1980 (From the Judgment and Order dated 28-7-78 passed on appeal by Shahabuddin Ahmed and A Matin Khan Chowdhury, JJ. in Appeal No 8 of 1977 reversing the order dated 13-2-77 passed by the Company Justice S M Hussain, J. ..

Category: Business or Commercial Law | Date: | Hits: 110

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ocate-on-Record.—For the Appellants. Faruque Ahmed, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K. A. Bakr, Attorney-General—Amicus Curiae. Appeal No.67 of 1980. (From the judgment and order dated 23.6.79 passed by the High Court Divisi..

Category: Labour and Industrial Law | Date: | Hits: 108

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....t to take possession of the demised property on the cancellation or determination of the lease, but  he argues, quite rightly, by referring to section 3 of the Ordinance, that it is the Deputy Commissioner to whom the authority has been given to take possession on such determina­tion of ......al Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-on-Record— For the Respondents 1-2. Ex-parte.—Respondent 3. Civil Appeal No. 3 of 1981. (From the Judgment and Order dated 26-11-79 passed by the High Court D..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....year 1961-62 and re-fixed the valuation of the holding at Tk. 54,822/-. Prior to this assessment order the valuation of the holding was Tk. 16,225/-. On appeal preferred by Burmah Shell the Assistant Commissioner of Agricultural Income Tax reduced the valua­tion of the holding from Tk. 54,822/ to ......e on-Record (absent)—For the Appellants. Altaf Hossain, Advocate, Jaynal Abedin, Advocate, Supreme Court with him, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......cord.—For the Appellants Syed Ishtiaq Ahmed, Sr. Advocate, with A. Hasib, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Res­pondent 1. Civil Appeal No. 14 of 1981. (From the Judgment and Order dated 8-2-1980 passed by the High Court..

Category: Employment/Service Law | Date: | Hits: 92

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

..... Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named ......s Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker, Advocate-on-Record.—For the Respondents 1 & .2. Civil Appeal No. 9 of 1981. (From the Judgment and Order dated 28-2-80 passed by the High Court Divisi..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ul Huq, Advocate-on-Record—For the Respondent No. 1. A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the Res­pondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5th June 1980 passed by the High Cour..

Category: Banking Law | Date: | Hits: 129

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......nt (in C.A. Nos. 46 and 47 of 1978). Ex-parte.—Respondent No. 1 (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed b..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......DLR (AD) 183. Lawyers Involved: B.C. Pandey, Advocate-on-Record—For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondents. Civil Appeal No, 167 of 1978 (From the Judgment and Order dated 24.6.1975 passed by the High Court Divi..

Category: Tenancy Law | Date: | Hits: 116

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......desh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of 1979). Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, inst..

Category: Property Law | Date: | Hits: 66

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......ent No. 1. Shafique Ahmed, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & 3. Ex parte—For Respondents 4, 5 & 7-10 Civil Appeal No. 118 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court..

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....o possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquir......cted by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the H..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ub, Advocate-on-Record -For the Appellant. MA Matin, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ce of West Pa­kistan and the High Court of Baghdad-ul-Jadid ceased to exist. 2. After the transference of the case and the transmission of the record to the Supreme Court of Pakistan by the Commissioner of Bahawalpur Division, notices were issued by the Court on the 31st of March, 1959, to......y Hamid Aslam Quoreshi, Advocate-on-record—For Respondent Nos. 1 (1), (iii). (iv) & (v). Not represented—Respondent No. 1(iv). Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the judgment and order of the High Court of Judicatur..

Category: Civil Law | Date: | Hits: 117