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Displaying 1981-2000 of 2109 results.

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh 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. ......d others…………….....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. Gool..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

.... costs passed by it to carry into effect. In the case of Parvathammal Vs. Chokalinga Chetty A.I.R. 1918, Madras, 389 it has been held that the order passed Sunder section 34(e) of the Guardian and Wards Act is not an order under section 2(14) of the Code in that it is not a final adjudication of......rms of compromise. 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 pur..

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. ...... eldest 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..

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. ......sion of some of the joint properties to defendant Nos. 6 and 7 with a view to trans­fer the said properties; that defendants No. 9-27 and 34 are Bharatia tenants, that Defen­dant No. 28, the Deputy Commissioner, Dinaj­pur is also a Bharatia tenant in respect of a go down under requisition and tha..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Co­mmissioner and others, 1975, 4 CLC (AD)

....ndent No. 3 thereafter filed an election petition under Rule 56(2) of the said Rules on 7-3-74 before the Election Tribunal (3rd Court of Munsif) at Narail, challenging the validity of the polling in Ward No. 1 only on the allegations that there were no enclosures at the polling booth which was full......ad and Pourashava (Election) Order, 1973 do not contemplate a partial setting aside of an election. Election has been defined in the definition clause i.e., Rule 2(a) as meaning election of a Member, Commissioner, Woman Commissioner, Chair­man or Vice-Chairman of a Union Parishad or Pourashava, as ..

Category: Election Law | Date: | Hits: 122

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. ...... Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

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. ...... Appellate 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 Cine­m..

Category: Fiscal/Taxation Law | Date: | Hits: 126

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.......pellant 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 Estate (en­rolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered dee..

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. ......e accounting and that the mortgagee would be entitled to get 1500/- as principal and Tk. 1500/- as interest, in all Tk. 3,000/-. The balance of the profits, to be found on accounting, by the Accounts Commissioner, from the date of the kot-mortgage till the date of the filing of the suit, was directe..

Category: Property Law | Date: | Hits: 64

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......although the rate quoted was 9'25% higher than the estimated amount. The work order was issued on 20-11-64 without the approval of the District Council or the Con­trolling authority, namely the Commissioner of the Division. After the issuance of the work order, the scheme was sent on 5-12-196..

Category: Criminal Law | Date: | Hits: 69

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. ......76. Result: The appeal is dismissed. Cases Referred to-  Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. Miller, 11 DLR (1959) (SC) 430—PLD 1959 S.C. 219; Punjab M cre..

Category: Property Law | Date: | Hits: 118

Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

....e, is that the appeal is allowed, and the order of the   Subordinate Ju­dge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......r ap­pointment of Mr. M.A. Khaleque as the com­missioner for examination of plaintiff No. 1. It appears that adjournments were taken in the suit on behalf of the plaintiffs or the Advocate Commissioner from time to time for submission of the Commissioner's report, but, on 20-5-75 the Adv..

Category: Civil Law | Date: | Hits: 108

Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chow­dhury and others, 1977, 6 CLC (AD)

....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. ......w that for a pro­per execution of the decree a local inves­tigation is necessary, there is no bar to the taking of the appropriate action by the Executing Court." 4. Thereafter an Advocate Commissioner was appointed, who submitted a report and the Executing Court dismissed the petitioner'..

Category: Tenancy Law | Date: | Hits: 89

Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)

....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......rdance with the recipe and direction laid down in Arkaprokash, Ayurved sang-raha and Vaisaja-Ratnabli hereafter refer­red to as "the preparations" are medicated wines of spirits. 14. The Commissioner may, if he deems it necessary, fix normal spirit strength and allowable margins for the..

Category: Fiscal/Taxation Law | Date: | Hits: 137

Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)

....n Tribunal at Rangunia, Chittagong against Abul Hayat Chowdhury, the appellant and Respon­dent Nos. 3 to 25, who contested the election for the offices of Chairman, Vice-Chairman and Members of Ward No. 3 of Union Parishad No. 7 Betagi, Rangunia, Chittagong held on 29. 12. 73. The prayer made...... to an office of a Union Pari­shad can be challenged only by a candidate to the said office. Election has been defined in clause (d) of rule 2 of the Election Rules as an election of a Member, Commissioner, Woman Commissioner, Chairman, Vice-Chairman of a Union Parishad or Paurashava, as the..

Category: Others | Date: | Hits: 141

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. ......However it is not clear from the records whether the given date of acquisi­tion was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per a..

Category: Property Law | Date: | Hits: 70

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. ......g a certain area outside municipal or cantonment areas to be an urban area solely to the discretion of the Government. It may also be mentioned that under Article 8(2) of the Order, the Divisional Commissioner was given the power to divide the urban and rural areas of Thana within his jurisdicti..

Category: Fiscal/Taxation Law | Date: | Hits: 244

Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observa­tions, these petitions are dismissed. Ed. ......­tructions contained in the Government Estate Manual and this 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..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......; Francis vs. Municipal Councillor of Kualalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Silva (1964) 3 All ER 865; Ridge Vs. Baldwin, 1964 AC 40; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Nakkuda Ali vs. Jayaratne (1951) AC 66; Rex Vs. Legislative Committe..

Category: Employment/Service Law | Date: | Hits: 170