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Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......f evidence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. In this view of the matter, we allow the appeal and set aside the orders of the High Court Division and that of the Court of Appeal below and remit the case back to......he power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......t of land to the plaintiff's son Abdul Jabbar and allowed the plaintiff to possess the 'Kha schedule land by an amalnama dated 20th Bhadra, 1359 B.S. and that on 19.2.58 Abdul Jabbar sold the land to one Siman Sardar from whom the plaintiff purchased on 22.9.58. Bhattacharjees also made a contract..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ts. Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 127 of 1979. (From the judgment and order dated 14.2.1977 passed by the High Court in Civil Revision Case No. 1696.) Judgment:......aside. Judgment and order of the lower Appellate Court are restored. Ed. ......t of the learned Single Judge it appear that he agreed with the finding of the lower Appellate Court that some co-sharers by inheritance in the holding were omitted from the proceeding, but he condoned with defect on the ground that the requirement with regard to the making of parties in a pre-e..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......r Article 102 of the Constitution for declaration that the notice dated July 21,1976 issued by Respondent, Special Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administratio......ed 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......nd for a direction to the Respondent lo cancel and withdraw the notice of 21st July, 1976. Rule was issued and notice of the Rule was served on the Respondents including the Dacca Improvement Trust. None of the Respondents entered appearance. However at the hearing on July 12, 1979 Assistant Attor..Category: Constitutional Law | Date: | Hits: 160
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: ......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). Judgment ......he first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......on under s. 144; If restitution is covered by "execution" then the definition of 'decree' would have covered both execution and restitution and these two terms would not have been specifically mentioned therein. Similarly, if restitution is covered by execution a suit for restitution is barred as ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ce I of 1964 was treated as operative in spite of the decision in Chittaranjan Sutar's case. By the East Pakistan Disturbed Persons (Rehabilitation) (Second Amendment) Ordinance 1967 which was published in the Gazette on December 22, 1967, section 4 of Ordinance No. 1 of 1964 was amend......erly rehabilitated. He proposed to the plaintiffs that they should leave the title deeds of their respective immovable properties with him for being kept in the Deputy High Commissioner's Office in order to protect their interests in their absence; and that the same would be necessary to enable t......83, 68. ......from Original Decree No. 38 of 1969.) Judgment: Fazle Munim J.—I have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Cho..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. ......e Appellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment: ...... to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......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. ..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. ......anday, Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1......al Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......e, Chittagong for drawing up a proceeding under section 144 of the Code, against appellants- second party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cau..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. ......pellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980. ...... Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... was more than 20% of the value of the seized articles. The respondent WES paid a sum of Tk. 9000.00 as advance as per N.B.R's order dated 18-8-78; and another sum of Tk. 32,000.00 was sanctioned as reward to the respondent under N.B.R's order dated 22-2-80. The respondent did not raise an..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment:...... set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M/s. Everett Orient Lines Inc. c/o M/s. United Liner Agencies of Bangladesh Ltd..... Appellant. Vs. Commissioner of Income Tax Chittagong Zone, Chittagong……Respondents Judgment ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......e Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judg......ts. Ed. ...... Shahabuddin Ahmed J Messrs. Haji Noor Ali Sowdagar & Sons Ltd., Chaktai, Chittagong………………….... Appellant Vs. Commissioner of Sales, Tax, Chittagong Zone. …………………&helli..Category: Fiscal/Taxation Law | Date: | Hits: 95
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. ....... It is to be observed that it is a settled principle of interpretation taut the power of legislature to validate an invalid legislation carries with it the ancillary power of validation of executive orders or actions, but like the validation of law, the latter ancillary power is subject to the Co......eal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......a Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City of Abmadabad Vs. New S.S. &..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. ....... Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) ......allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......contemplated in section 30 of the Special Powers Act, because, if the intention of the legislature was to provide an appeal against acquittal, then such power would have been specifically mentioned in the statute. By way of analogy he referred to relevant provisions of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ul Hossain, Advocate, Jainul Abedin, Advocate with him instructed by Syed Sakhawat All, Advocate-on-Record - For the Respondents. Civil Appeal No. 36 of 1981. (From the Judgment and order dated December 7, 1979 passed by the High Court Division in Writ Petition No. 180 of 1978.) ......urt Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ...... under:— Whereas, in the opinion of the Government, the services of the employees of the Bangladesh Water Development Board, mentioned below are no longer required In the interest of the People's Republic of Bangladesh; ..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......sioner of Taxes for taking recourse to section 13 and making estimate for finding out the total sale and the gross profit or for that matter of the Appellate Joint Commissioner of Taxes modifying the orders, cannot be assailed on any such ground…………(16)
Assessing office when records the ......s also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
...... DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
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. ......b Hossain, Mahmudul Islam, Advocates with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). ......the punishment is altered to compulsory retirement. No order as to costs. Ed. ......hy;ings and the conclusion of my learned brother Shahabuddin Ahmed, J. Fazle Munim J.—I have gone through the judgments of Badrul Haider Chowdhury, J. and Shahabuddin Ahmed, J. and I agree with ..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. ......ants. B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) J...... not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......acquired the plaintiff ceased to have any interest in the disputed land. Exhibit 2 khatian has been recorded in the name of the defendants. Exhibit F is the report of the Advocate Commissioner of local inspection which showed that the defendant was in possession of the disputed plot liv..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. ......ellant. C R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment: ......hy;ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... law. Ed. ..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. ......atement that he was not a defaulter as the rent due for the month in question was tendered by him but the appellant refused to accept it. The respondent thereafter remitted the amount by postal money order which was also refused by the appellant. Since then he has been depositing the rent with the H......ppeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ble by the 7th day of the next month. A sum of Tk. 2000/- was paid to the appellant as security deposit to be refunded to the respondent on the expiry of the lease which was initially for a period of one year, renewable by mutual agreement. The respondent who held and possessed the premises in que..Category: Tenancy Law | Date: | Hits: 67
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
....... The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. .......
This Case is also Reported in:
...... in the Statute which were available to the respondent. According to him, if there had been non-compliance with the provisions of the Ordinance it might have been argued that such non-compliance has gone to the root of the matter so as to vitiate the proceedings. He further submitted that none of ..
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. ......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. ......The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......der a registered-deed, Exhibit-A", dated 11 November, 1953 is a usufructuary mortgage, is not based on proper consideration of the evidence on record and that the question of limitation has been erroneously decided by the High Court Division. The registered Instrument. Exhibit "A" is a sale deed a..Category: Property Law | Date: | Hits: 58
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