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Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of Bangladesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned......Kabul. 3. On 25.8.74 there was a notification in the Newspaper vide Annexure 'S' to the petition before the High Court Ber.ch for sale of the assets of the Company. The respondent No. 1 prayed for declaration, that the notification dated 11.10.72 is illegal and was passed without any lawful autho..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....ngaged in the manufacture, inter alia of rayon yarn, filed a petition under Article 5(b) of the Martial Law Proclamation read with Article 6(2) of the Provisional Constitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the ......yon yarn, filed a petition under Article 5(b) of the Martial Law Proclamation read with Article 6(2) of the Provisional Constitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufacture..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....l by special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in...... special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in sui..Category: Tenancy Law | Date: | Hits: 68
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....nder the Union Parishad and Pourashava (Election) Rules in respect of Bechali Union Parishad within the Sub-Division of Narail in the district of Jessore and the appellant contested the said election for the office of Chairman of the said Union Parishad, which was held on 21. 12. 73. The appella......ion of the Rules complained of. 12. For proper appreciation the point, the relevant rules may be quoted as follows:— "60. Relief.—The petitioner may claim as relief any of the following declaration: (a) That the election of any returned candidate is void and that the petitioner or ..Category: Election Law | Date: | Hits: 122
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....id votes as valid in favour of the appellant. After excluding invalid votes, he found the margin between the respondent Nani Chandra and the appellant 38, which was less than the invalid votes cast for the appellant. He therefore concluded that the result of the election was materially affected f......g the seal the, documents received by him under rule 42 from the Presiding Officer with a statement containing the list of documents. Rule 81 says on the expiry of sixth month from the date of the declaration of results of election, or, if an election petition has been filed under rule 56, as so..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ond Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpretation of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dispute between plaintiff appellant, Golam Hafez Mia, and defendant respon......n Baishak 1350 B.S. corresponding to April 1973, he got settlement of the land from Nalini and Sarala, on the basis of Lakhila and has been in possession since then. The suit of the plaintiff was for declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acq..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....and of good character, would become the Mutwalli. After the death of the said wakf, Amir Ali Mia became the Mutwalli. He died OH Aril 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, ha......ght and the Judge is not required to report or to give an opinion, but to decide. Opinion involves both interpretation and application. Under this Act, the decision is required to be in the form of a declaration and the declaration shall be whether the election is valid or void. Such a declaration c..Category: Trust/Waqf Law | Date: | Hits: 182
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....igh Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which may call for interference………(7) The question of sentence is at the discretion of the convicting cour......e appellant went on appeal Appellate Tribunal in Tribunal Appeal of 1975 without 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 ..Category: Criminal Law | Date: | Hits: 70
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ivision refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in ......ly made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be exe..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t...... cited a decision of the Dacca High Court in the case of Golamar Rahman Sowdagar Vs. Sm. Emartannissa Begum, in (1970) 22 DLR 126 P.L.D. 1957 Dacca 372: where a decree for recovery of possession on a declaration of title was affirmed by the High Court on the view that the monthly tenancy in j questi..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—......d husband's property on her remarriage. 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery of possession of a property on a declaration of their title thereto. The disputed property belonged to one Ramchandra Malla, who di..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ndeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 1......a receiver at a strength of about 42 per cent proof. After the distillation is over the licenced shall be permitted to take a duty-free sample not exceeding 22 ounces from a receiver for analysis and declaration of spirit strength of the disiillate. If the strength is found to be over 42 per cent, p..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....hy;tution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purp......on 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 in the election petition for a declaration that the election of the appellant and Respondent No. 2 as Chairman and Vice-Chairman r..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance......hem. 5. Respondent Company thereupon moved the Dacca High Court under Article 98 of the late Constitution 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 bee..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,...... Provided that a declaration shall not be made (2) under clause (a) unless the Provincial Government is satisfied t..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region...... judicial authorities in the matter as there is no direct law on 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..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....p; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Mun......bsp; Mahmud Husain C J: This appeal by special leave is against a judgment of a Single Judge of the High Court Division passed in Civil Revision. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshig..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......rt and the parties can proceed to litigate in the ordinary way to determine what their right and title to the property may be." 39. In the said case which arose out of a suit for declaration as to the title of a person who earlier obtained a judgment from the High Court on an a..Category: Property Law | Date: | Hits: 135
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the reco......by the trial Court in the suit and accordingly, set aside the decree pass by the trial Court and sent the case back on remand for fresh trial. He submits that the present suit w filed praying for a declaration that judgment and decree obtained in Title Suit No. 21 of 1968 is not binding upon the p..Category: Property Law | Date: | Hits: 74