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Displaying 1981-2000 of 2121 results.
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema 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. ...... spent for oil painting the walls of the Hall, and in his view the work could be -termed current repairs, and allowed deduction of the said amount. He disallowed the sum of Rs. 11,563/- now in dispute, spent on mosaic flooring on the ground that it was an expenditure of capital nature. On f..Category: Fiscal/Taxation Law | Date: | Hits: 126
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. ......s were cast in favour of the appellant. 8. The learned Attorney General referring to Rule Nos. 40, 42, 44 and 81 submits, ballot papers are, no doubt, good pieces of evidence in an election dispute and the tribunal is to proceed on the presumption of regularity of official business ..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. ......e legal propositions stated therein. First we take the case of Mohammad Moslem Ali Molla vs. Sk. Azaharali, PLR 1957 Dacca 6, a decision of a Division Bench of the Dacca High Court. In that case, the dispute arose over a town property in the Dacca City situated at Bonogram lane. The plaintiff claime..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.......so refer to the following well-known exposition of what a judicial decision is made by Scott CJ. in Cooper Vs. Wilson, (1937) L.R. 2 KBD. 309. "A true judicial decision pre-supposes an existing dispute between the two or more parties and then involves four requisites (i) the presentation (not ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ent of dates, subsequent to the 28th February 1928, in which these lands or any of them are mentioned as being in the possession of the mortgagees in the Kot-mortgage are of no assistance for the resolution of the question. For these reasons we consider that on the basis of the Solenama which ...... instituted the present suit for redemption of the lands mentioned in the kot-mortgage, as well as, certain excess lands, including the lands mentioned in schedule I (kha) of the plaint. There was no dispute between tne parties as regards the redemption of the lands actually mentioned in the kot-m..Category: Property Law | Date: | Hits: 64
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ...... The purchasers are the petitioners, and the leave petition arises out of a proceeding for pre-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The point in dispute was whether the respondent, who was admittedly a co-sharer, did come within the period of l..Category: Property Law | Date: | Hits: 44
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......ounds. Before dealing with the submissions of the learned counsel for the Appellant, we propose to deal with the principal question set out at the beginning of the appeal. The salient facts not in dispute may be set out, so that question of law can be appreciated in its true perspective. The app..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......ahabad 23. In the first case under reference, namely Harack Chand Damni Vs. Ramsarup Lakkar (85 C.L.J. 232) the contract between the parties contained an arbitration clause to the effect that "if any dispute or difference arise in connection with the agreement the same shall be settled by arbitrat..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... is no doubt true that the directors of the Company are appointed by the general body of share-holders in the manner prescribed by law and the share-holders may exercise a kind of control by adopting resolutions in General or Extraordinary meetings of the Company, but it will not be correct to say...... the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss of a very valuable property belonging to the company in consequence of the disputed auction sale. Reliance has been placed by the learned Counsel on this point on certain ob..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......ithout any title, and that the Government as lessor had the authority to cancel the lease in terms of clause 16(1) of the lease deed. The maintainability of writ petition on the ground that a disputed question of title is involved was also set up. 4. The learned Judges of the High Co..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....rease or the decrease of the strength, and that the reduction could not be recommended as the efficacy of the medicine will be affected. Much controversy has been waged over the true meaning of the resolution of the Ayurvedic Board. We do not, however, think it necessary to enter into such controv......ition as of reclassification of the definition clause. 'Excisable article' before the amendment of 1937, is now reclassified as 'intoxicant.' The change, if at all, is one of terminology. It is not disputed that the earlier Rules framed in 1936 is applicable to the respondents. By mere reclassific..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......he Election Tribunal by its judgment overruled the objection of the appellant and others as to the maintainability of the petition in respect of the election of all the candidates in the disputed centre and declared that the election of Ward No. 3 of the said Union Parishad was complet..Category: Others | Date: | Hits: 141
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. ......December, 1966. Respondent No. 2, the Employees Union, being dissatisfied with this decision of the Company initiated conciliation proceedings but, the same having failed, instituted a labour dispute case under section 6 and also filed a complaint under section 31 of the East Pakistan Labou..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......he owners filed an application for the appointment of an Arbitrator as they did not accept the determination of the Deputy Commissioner. 4. At the hearing of the application, the dispute centred round two questions: the question of compensation, and the rule governing the asses..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....f such Union Committees. Section 113 contemplates the joint functioning of a Municipal Committees and a local council through the creation of Joint Committees and section 114 provides for the resolution of the disputes between a Municipal Committee and a Local Council. From these provisions......y;ded by the Legislature to be operative only in urban areas. 44. The Province of East Pakistan in its affidavit-in-opposition controverted the appellants' ease that the area in dispute was a rural area and made the following averment in paragraph 4 of its affidavits-in-o..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....65 the appellant entered that employment of an education authority as a teacher qualified by certification in March 1969 the Education Committee, to whom the authority delegated its power, passed a resolution to dismiss him and notice of dismissal was served on him by a letter. The ground of dis......the subject. No doubt, some help could be obtained from section 42 of the Specific Relief Act. A legal character could be claimed and declaration obtained from Court under this section. It cannot be disputed that where a writ lies for a declaration of nullity a suit under section 42 of the Specific..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. ......wn Improvement Act and the Land Acquisition Act. He says, in support of his contention that in the present case no tribunal has been constituted under the Act, either to arbitrate or adjudicate the disputed compensation payable for the properties acquired under s. 93A. He further says, s. 9..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... is required to be paid under subsection (5) of section 18 together with the cost of transmission by postal money order of the money deposited to the landlord. (2) Where any bonafide doubt or dispute has arisen as to the person who is entitled to receive any rent referred to in section 18 ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. 5. M..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ivate disputes. (b) all election disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution. (c) almost invariably there will arise dispute over facts w......ent of the High Court Division contending, inter alia, that the High Court Division acted illegally in exercising its jurisdiction under Article 102(2) of the Constitution in deciding the election dispute in the instant case without referring the matter to the election tribunal as provided in Pa..Category: Election Law | Date: | Hits: 124
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