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Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....isposed of by a judgment, a decree shall follow in accordance with the provision of section 33 of the Code and a formal decree is prepared in accordance with the provision of rules 6-19 of Older 20 of the Code. The case of an appeal against an order rejecting the plaint und..Category: Procedural Law | Date: | Hits: 99
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....o. IR-XV-15/74 dated 11. 10. 72 NOTIFICATION In pursuance of powers under Articles 4 and 5 (2)(a)(b) of the Bangladesh Abandoned Properly (Control) Management and Disposal Order 1972 and the rules made thereunder, the Ministry of Industries is pleased to take over with remediate effect and ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....purpose of their use as human dress, they cannot obviously come within the ambit of the exemption provision. Learned Additional Attorney-General lias referred in this context, to the two rules as to the way in which terms and expressions are to be construed when used in a statute, as s..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... limitation as to the applicability of any particular provision of the Code as may be necessary from the nature of the order in execution. 9. Order XXI of the Code has codified all the rules for execution of decrees and by virtue of section 36 of the Code they shall be equally applic..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....ther two grounds remain unreversed he cannot succeed in his suit and that has brought the question as to how this appeal is to be disposed of bearing on the doctrine of Mushaa. The two rules are distinct and separate and are to be so treated. 16. Mr. Asrarul Hossain has..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....erty by appointing a receiver in the case of the "person whom any party to the suit has not a present right so to remove" is a kind of limitation on the Court's power as embodied in clause (b) of sub-rules (1). This sub-rule gave rise, in the past, to a judicial controversy, as to its true meaning..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ich set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 and the rules framed thereunder. 2. An election was held under the Union Parishad and Pourashava (Electi..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....to the surplus, if any, in regard to which the order of attachment is operative. In the present case, it appears, it was at first an order of attachment before judgment and in view of Order 38 rules 11 C.P. Code there was no further order of attachment after passing of the Judgment. It is p..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
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. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ny view the case should have been remanded for investigation whether he was a necessary party. 11. The question of joinder of parties is essentially a matter of procedure and some detailed rules have been provided in the Code of Civil Procedure on the question of joinder of parties. Orde..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....tion Tribunal case no. 22 of 1974 wherein the election of the appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requis..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....scribed above, having regard to the special provisions of any enactment concerning the certificate. In this case the procedure by sale of the holding of the certificate debtor was adopted in terms of rules 23 and 46. 9. The consequences following before and after the sale may now be considered. T..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ecessary. As observed by Fazl Ali, "Judicial function means the function o f "deciding litigated questions according to law" deciding them not arbitrarily but on evidence and according to certain rules of procedure which ensure that the person, who is called upon to decide them, acts with fairne..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....High Court of East Pakistan dismissing an appeal after remand by the erstwhile Supreme Court. Facts leading to this appeal may briefly be stated as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ty or otherwise as the court thinks fit, till the disposal of the appeal. 10. The provision of Order 21, rule 26 of the Code seems to be ancillary to the provisions of Order,41, rules 5 and 6 of the Code and makes provision for stay of execution of de..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....mate and for formation of project committee, acquisition of land for the contractor at the expense of the" District Council, making advance payments to the contractor in violation of all rules and disproportionate to the quantity of the work done, executing schemes without any approval..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....to be regarded as an officer of the Government or a Government servant, and whatever duties they will be discharging as servant, of the Republic assigned to them by the Government, either by rules or otherwise, shall be their duties as public duty. 11. We now turn to the next l..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....argued that it is an undenying fact that the aim and object of the Arbitration Act is to give opportunity to the disputing parties to settle up their disputes amicably without being hampered by the rules and procedures prescribed by the Code of Civil Procedure. When the parties agree to refer a di..Category: Business or Commercial Law | Date: | Hits: 86