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Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......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)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......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)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ...... 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)
....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. ......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)
....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 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
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ....... The appellant, who is defendant No. 1 alone contested the suit. He denies plaintiff's title and the case of possession and dispossession. He challenges the correctness of the entry in the record of rights in the name of Subhan. He sets up his inherited tenancy right from his grandfather Ramzan. Al..
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....vernment for the satisfaction of the debts which may arise under the contract and be owed to it, the judgment-debtor ca exercise any disposing power, for the said money, for his own benefit of his contractual obligation. In that the money may be attached he must dominion over the money and right......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)
....ct, and therefore no question 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. ......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)
....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. ......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)
....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. ......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)
.... 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.......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)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......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
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....in the said paragraph, a tenant who retains possession of the premises by virtue of the Rent Restrictions Act is known as a statutory tenant and his position is to be distinguished from that of a contractual tenant. Such a tenant is entitled to retain possession of the premises even after their ......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......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)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......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)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......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)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ...... 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
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....is not maintainable in law. It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration, which can be m......eny the relief of reinstatement to the discharged employee. It may be also that the office itself has been created by the Statute where the employee will undoubtedly have a kind of legal status the rights whereof may be capable of being enforced. 22. It may however so happen that in spite-of..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......nd made the following observation:— "Their Lordships cannot accept the argument or suggestion that when once the claimant is admitted to the High Court he has all the rights of an ordinary suit or including the right to carry an award made in an arbitration as to t..Category: Property Law | Date: | Hits: 135
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....edly there was a direction in the account opening form that any of them may operate the accounts in the Bank or survivor. Strictly speaking, the relationship between the Bank and the customer is a contractual relationship of the debtor and creditor, wherein the money is kept in deposit in the Ba......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
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