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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....d cement to auction sale the consideration becomes only academic when it is found that the respondent was not entitled to claim the clearance of the same and the Customs Authorities were within their rights to refuse clearance to it. The appellants, however, stated in their affidavit‑in opposition..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....der of dismissal of a memorandum of appeal as time‑barred comes within the deeming provision of sub‑section (2) of section 2 of the Code of Civil Procedure, because by such an order the rights of parties with regard to matters in dispute are finally determined. 14. In this case..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....terest of public safety or public order. No ground of detention was served on the detenu till the filing of the writ petition. It was contended that the impugned order was violative of fundamental rights guaranteed under Articles 27, 28, 31, 32 and 33 of the Constitution. 3. In their affi..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....nised by the Mohammedan Law as religious, pious or charitable. Provision for the maintenance of the members of wakif's family under the Muhammadan Law is a valid purpose. When a wakf is created all rights of property pass out of the wakif and vest in the Almighty Allah. The income of the wakf pro..Category: Others | Date: | Hits: 142
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....rule 11 of the Code stands, however, on a different footing. Such an order which may be made even before the appearance of a defendant is not strictly an adjudication in respect of any of the rights in controversy between the parties and does not come within the substantive provision o..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....ial basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a person or body has the concomitant duty to exercise that power judicially. The opinion..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... deemed to be the registered holder of such shares and, notwithstanding anything in the memorandum or articles of association of the company or in any agreement or instrument, shall have the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petit..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....shy;ceeding not being a suit, it does not amount to a decree. There, is no doubt, however, that an order allowing pre-emption under section 96 of the Act is an adjudication finally determining the rights of the parties as to the claim of preemption and is a decision formally expressed by a ..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....he Custodian,, Addl. Custodian, Dy. Custodian and Assistant Custodian of Enemy Property and for conferring and imposing on the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in the..Category: Property Law | Date: | Hits: 93
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....eposit made by a member of a Cotton Association under its rule, is not liable to attachment as the money is repayable upon some contingencies, and until the debtor ceased to be its member , and his rights in the deposit could not there be ascertained, It appears that the learned Chief Just..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....rs of prescribed value. It may be competent to deal with controversies of a specified character, for instance, testamentary or matrimonial causes, acquisition of lands or public purposes, record of rights at between landlords and tenants. This classification into territorial jurisdiction, pecu..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....rder 1, rule 9 that no suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it and rule 13 of the said Order provides that ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ntiff who had mutated his name in the Government Acquired Estate, found that the defendant on the basis of an ex-parte decree in Title Suit No, 730/62, had got his name entered in the record of rights. Defendant got the ex-parte decree, as his name was omitted from the record of rights. His cl..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....e as provided in the Code of Civil Procedure and determine the dispute judicially by giving a binding decision in the case. The District Judge in disposing of the dispute has to finally determine the rights of parties pertaining to the dispute subject to the scrutiny of the High Court in an appeal, ..Category: Trust/Waqf Law | Date: | Hits: 182
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....de in the following words: "The words 'or whose interests are affected by the sale' in Order 21, Rule 90 are no longer confined to an interest in immovable property or in proprietary or possessory rights. The word 'interest' must be given a wide meaning and may include a contingent interest, but ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....e must be taken to be an estate during widowhood. This view has been recognized in the Hindu Widow's Remarriage Act (XV of 1856), section 2, which declares that a widow remarrying loses all her rights in her deceased husband’s estate. 14. Petheram C J. (with whom all the judg..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ng a perpetual succession with power to acquire and dispose of property and to contract. Chapter III of the Act contains provisions relating to, as the sub-title indicates, rights and liabilities of registered Trade Union. Section 15 of the Chapter ..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....Craies on Statute law, 5th Edition pages 322-23, such being the effect of repeal under the law of England obtaining before 1889, a repeal without any saving clause used to destroy not only all rights, privileges, obligations, liabilities, penalties and causes of action accrued under th..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... Order. Section 7 of the Municipal Administration Ordinance which has come into force on the repeal of the Municipal Acts and after the enactment of the Basic Democracy purports to preserve similar rights for the Government, when it has provided that the Government may declare any urban area oth..Category: Fiscal/Taxation Law | Date: | Hits: 244