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Displaying 1961-1980 of 2091 results.
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ed, the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plai......the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plaint h..Category: Procedural Law | Date: | Hits: 99
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ol, Management and Disposal) Order, 1972, hereinafter referred to as the Order) on the following facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the Company). The paid up capital of the Company is Taka 2,75,000/- held by the members of the family in sha......pondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Company. Sajjad Hossain and the members of his family were in Karachi ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....ash;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. The appellant, which is a public Limited Company, is engaged in the manufacture, inter alia of rayon yarn, filed a petition under Article ......nstitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufactured by the Company was without lawful authority and was of no effect. The case made over in the said petition as that the petitio..Category: Business or Commercial Law | Date: | Hits: 109
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....appellant and as such 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the s......he Election Tribunal had no jurisdicÂtion to set aside the election to the said offices and the part of the order purporting to invalidate the election to the said offices was patently withÂout any lawful authority. This point has not taken by the appellant before the High Court Division nor has i..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... the Province of East Bengal Vs. Banamali Sen 54 C.W.N. 322, S. B. Das Vs. Motiba Chetty 561.C. 948, and Shantanand Vs. Basadevanand 52 Allahabad 619 AIR 1930 Allahabad 225; Karuthan Vs. Subramanya 9 Madras 203, In re-Horst Guderian AIR 1931 Calcutta 474, Jagadish Naraia Vs. Mt. Ramaskal Kue......iability, if any, which might arise under the said contract. The present right to the money has been very much circumscribed by virtue of the said contract, and it being under the physical and lawful control of the Government for the satisfaction of the debts which may arise under the contra..Category: Civil Law | Date: | Hits: 103
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....bar of section 42 of the Specific Relief Act; the second is that, the High Court having accepted the concurrent findings of Title Suit no. 730 of 1962 was frauduÂlent and void and he did not acquire any title to the land on the basis of his alleged settleÂment, the Court was in error in the interp......ances. Ordinarily the right, title and interest of the certificate-debtor at the time of the sale vest in the purchaser. He steps into the shoes of the certificate debtor, and claims through him. All lawful liabilities created oh the land by the certificate debtor before period of the service of not..Category: Property Law | Date: | Hits: 82
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....pellant to sue as a pauper for setting aside the exparte decree passed in Title Suit No. 1000 of 1966 on 18-4-68 and the said application was registered as Miscellaneous Case No. 95 of 1975 without any examination of the said applicant in person. On the same day an order was passed in the said M......erent powers. 18. It does not appear that the Court of the Subordinate Judge applied its judicial mind at all to the facts of the case for ascertainment of the conditions under which a lawful decree of a court may justifiably be stayed till the decision of the pending proceeding. The..Category: Property Law | Date: | Hits: 61
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....nment officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotton Mills Ltd., as Administrative Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund ......ed to him either by rules framed by the Government, or by an order of the Government, or duties performed by him as assigned to him by his superior officer, are ipso facto public duties. All lawful duties of a Government servant, are public duties, by necessary implication the deputat..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
.... The appeal is dismissed. The Evidence Act (Act I of 1872), Section 134. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the find......t any success therein. Then he moved the High Court Division under 102 of the Constitution on a Writ of certiorari for a declaration that the Appellate Tribunal judgment and order were passed without lawful authority and as such were of no legal effect inasmuch as, the said judgment orders were pass..Category: Criminal Law | Date: | Hits: 70
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....adesh and another, arises out of a writ petition wherein a Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal ef......Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the pro..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....at this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. 1958 S.C. 138......d by Respondents No. I and 4 and 7 to 9, who have filed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on c..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed ChowÂdhury and others, 1977, 6 CLC (AD)
.... destruction of all the structures standing on the suit premises. The Appellate Division dismissed the petition for special leave with the following observation: "We do not think that there is any subÂstance in this contention of the learned Counsel. There is, no doubt, some refeÂrence to ......tutory tenant and his position is to be disÂtinguished from that of a contractual tenant. Such a tenant is entitled to retain possession of the premises even after their contractual tenancy has been lawfully determined by notice to quit of otherwise and they are liable to be ejected only if the con..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....al (1960) U DLR 634 ; Debt Prasad Chow-dhary Vs. Gopal Bhagat, ILR 40 Cal. 721 (771); (M's. Amin Jute Mills Ltd. Vs. Bangladesh, (1977) 39 DLR (SC) 85; Powell Vs. Kernpton Park Race Course Company, (1899) A.C. 143; Attorney General Vs. Prince Ernest Augustus, (1957) AC 436; Matangini Gupta R...... Act XV of 1856. 39. All the High Courts of the Indian subcontinent except that of Allahabad have taken the view that under the general principle of Hindu Law, a widow entering into a lawful wedlock for the second time cannot retain the property of her previous husband. It is also t..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Const......nstitution of Pakistan 1962 making these complainants respondent Nos. 3 to 20 for a declaration that the decision of the Labour Court in the Complaint cases referred to above had been made without lawful authority and were of no legal effect. Out of the 27 complainant respondents, responden..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....6 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1......notices were challenged by the appellants before the High Court of East Pakistan by means of writ petitions under Articles 98 of the then Pakistan Constitution, as having been made without any lawful authority, on the contentions, inter alia, that the Urban Immovable Property Tax Act being ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... amounts to the creation of a new hat. A new hat could not be established except by a public auction, whereas the Additional Deputy Commissioner had granted permission to Respondents 1 to 6 without any public auction to hold Tarabo hat on Tuesdays as well, nor could a hat be established within a......tion of a new hat. He was further of the view that the sitting of the Tarabo hat on Tuesdays, at a distance of 500 yards from that of Noapara hat, will not destroy the existence of the latter. The lawful sitting of the Tarabo hat by a supposed threatened destruction of Noapara hat, does not call..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries CorporaÂtion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....Lall 75 Ind. App. 225 = AIR 1948 PC 121; State of Orissa Vs. Dr. (Miss) Binapani Dei, AIR 1967 SC 1269; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. ......he High Court Division on consiÂderation of the affidavits declared the impugned order dated 31-5-1973 dismissing the responÂdent from the service of the Corporation to have been passed without lawful authority and of no legal effect. 4. The appellant-corporation moved this Division for sp..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of BanglaÂdesh, 1977, 6 CLC (AD)
.... order." 3. It was contended before the High Court that the orders of detention were illegal and the said orders were made not for bonafide purpose for preventing the detenu from doing any prejudicial activities but for some collateral purpose for keeping the detenu in jail for an in...... but the learned Judges having considered the materials placed before them as well as the arguments advanced on behalf of both the parties declared that the detenu was being detained without lawful authority and in an unlawful manner and directed the respondents to set the detenu at l..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
.... the Rule absolute and declaring that the order of the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawful authority. 2. The facts are that, the respondents (petitioners in t......Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....y the returning officer and he shall fill up the form “L” accordingly consolidating the valid votes. If the candidate or his agent intentionally remains absent with any motive during counting votes and preparation of the ‘K’ form can not be delayed to ......t the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or his agent is lawful. Sending of “K” form without signature of the candidate or ..Category: Election Law | Date: | Hits: 124
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