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Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....neral, Industries DeÂpartment, 58 Dilkusha Commercial Area, Dacca with reference to this Memo No. IPB /2319, dated 31.8.72. 5. O. S. D. Government Printing Press, Tejgaon, Dacca with a request to publish it in the next issue of the Gazette. 6. Master file. Sd/-A.F.M. Noorul Islam 11.10......Chowdhury, Advocate instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment ......ade above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......filed under Article 102 of the Constitution of the People's Republic of BanglaÂdesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned Property Control, Management and Disposal) Order, 1972, hereinafter referred to as the Order) o..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......nd Order dated 1-12-75 passed by the High Court Division in Writ Petition No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2.......f no legal effect. There shall be no order as to costs in this appeal. Ed. ......…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd. (1967) All E.R. 756; Thompson Vs. Goold & ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the Subordinate Judge, 3rd Court, Dacca in Miscellaneous Case No. 50 of 1967. 2. ......so Reported In: 28 DLR (AD) (1976) 91. ......ompromise. Thereafter on 5-12-66 the pre-emptor, namely, the appellant filed an application under section 96(9)(c) of the Act for delivery of possession with the help of a Pleader Commissioner. The said prayer was opposed by Respondent No. 1 Ashrafun Nessa and an application purported t..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......of the wakfnama is so vague that an executable decree cannot be passed. The decisions of the Court's below cannot stand. 15. We however find that deciding the question of the leave order does not dispose, of the suit. The Trial Court dismissed the suit on three grounds; first, th......ecord. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......son Abul Khair became the Mutwalli and on his death in Burma in 1944, the appellant succeeded him as the Mutwalli of the Wakf Estate. He also got the Wakf enrolled in the office of the Commissioner of Wakfs on 9th May, 1944. 3. The suit was contested by Respondent No. 1, Md. Os..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......he Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil ReviÂsion No. 962 of 1967) Judgment Debash Chandra Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench of the Dacca High Court refusing to exercise its revisional jurisdiction t......this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......ordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the scheÂdule to the plaint. It has been alleged in the plaint that the disputed properties originally belonged to one Kasturi Chand Bermecha, the predecessor of the plaintiffs, who belonged to the Mitaksara School ..Category: Property Law | Date: | Hits: 93
.... been overstated.
14. We may now turn to the facts of the case, R.S. Khatian of the plot, Ext. 10, shows a tenancy was recorded in the name of Subhan under Moifula Khatun. The record of right was published some time in 1927. Initial preÂsumption of correctness of recording of possesÂsion of 19......nts. We, however, do not feel the necessity of adverting at length to them, as we find that the question involved in this appeal should be disposed of with reÂference to points raised in the leave order.
8. The points referred to in the leave order, though mentions question of title and posse......ances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......1947. Out of spite for eviction, the defendants dispossessed the plaintiff by dismantling collie huts on the disputed lands in May 1955. Hence the suit.
2. The appellant, who is defendant No. 1 alone contested the suit. He denies plaintiff's title and the case of possession and dispossession. He..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) ......ed to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ent: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election CoÂmmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......he Appellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of...... appeal is allowed but without any order as to costs. Ed. ...... Case No. 101 of 1968). Judgment: Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 5..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......our concern in this case and not the quesÂtion of facts. Section 561A provides:— "Nothing in this Code shall be deeÂmed to limit or effect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the ......y dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......d 60 % earth and dust. Thereafter Mr. A. Malek Lodged a First Information Report to the Officer-in-Charge, Double MoorÂing P.S. on 15-7-68 stating that instead of takÂing coal in full quantity mentioned in R. Rs. and the permits, the Fuel Inspector intentionally took delivery of lesser quantity mi..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.) ......d, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......Bangladesh Scheduled Offences (Special Tribunals) Order and sentenced to rigorous imprisonment for 8 years and also to fine of Tk. 1,000/- each in default to rigorous imprisonment for one year more. On Appeal against their conviction and sentence the High Court Division maintained ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......966-67, 1962-63 and 1963-64 and in so doing he disallowed the claim for initial depreciation of their new ships used by them in respective years of assessment. 4. Against the said orders, the assessees preferred direct appeals to the Income Tax Appellate Tribunal, Dacca Bench. T......i) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ...... ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by speÂcial leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revision...... in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......its officers and is now being prosecuted by BanglaÂdesh. 2. Respondent Firm is a Government ConÂtractor who was given earth filling work for development of the site for construction of the Telephone Factory at Tongi on the basis of an agreement dated the 23rd of May, 1966, executed by Samir Mia..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan CineÂma Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......Act. The Tribunal also observed that this deduction would be allowable under section 10(2) (xvi) of the Act. 4. The Commissioner of Income-Tax, was however, dissatisfied with the order of the Tribunal and prayed for a reference to the High Court Dacca but prayer was rejected b...... the High Court. The appeal is dismissed but without any order as to costs. Ed. ......ate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J. The Commissioner of Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co......Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......he Dacca High Court in Civil Revision No. 818 of 1962). Judgment: Debash Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent order allowing pre-emption ......also Reported In: 28 DLR (AD) (1976) 5. ......r pre-emption by filing an application on 2-6-59 in the 6th Court of Munsif, Barisal on the allegations that Binodini Das, the predecessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......ddin Hossain, J. - This appeal is by special leave obtained by the appellant against the decision of the High Court Division dismissing the writ petition. The writ petition was directed against an order of the election Tribunal 1, Bagerhat, in Election Tribunal case no. 22 of 1974 wherein the el......n of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......i Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were not sent, some were sent in very bad pack..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......refused and the appeal dismissed. 4. The plaintiff moved the Appellate DiÂvision and obtained leave on two points the High Court was in error in refusing the prayer of amendment of the plaint, in order to remove the bar of section 42 of the Specific Relief Act; the second is that, the High Court......ost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ement of the land from Nalini and Sarala, on the basis of Lakhila and has been in possession since then. The suit of the plaintiff was for declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises agaiÂnst the judgment and order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed ......l is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......r of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed in Civil Rule No. 1687 of 1968 on July 1, 1969. 2. The appellant who claims to be the eldest son of one Md. Amir Ali Mia was on the death of his father, substituted as the Mutwalli of Salamat Mia Wakf..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......Ahmed Sobhan, Senior Advocate, M.A. Rouf, Advocate with him, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal......cording to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......t of the defendant-appellant for a sum of Tk. 1500/- The possession of the mortgaged land including the land of schedule 1 (kha) was given to the mortgagee. The stipulation was that if the principal money was paid within 8 years the possession of the mortgaged land would be given back to the mortgag..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... the High Court Division in Civil Order No.1021 of 1975) Judgment: D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an application filed by the appel......d Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......mine the nature of the claim raised in the proposed suit sought to be prosecuted by Respondent No. 1 as a pauper under Order 33, rule 1 of the Code. The claim in the said suit is stated to be one for setting aside the exparte decree passed in Title Suit No. 1000 of 1966 and the groun..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ...... Huq Advocate-on-record—For the petitioner. Not represented—Respondents. Civil Petition for Special Leave to Appeal No. 123 of 1977. (From the Judgment and order dated the 28th January, 1977 passed by the High Court of Bangladesh in Writ Petition No. 355 ...... We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......nt: A.B.M. Hussain CJ A. Chowdhury J K. Hossain J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Responde..Category: Labour and Industrial Law | Date: | Hits: 151
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