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Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......idence after about 16 years of the filing of the appeal. 2. Material facts necessary for the disposal of the present appeal are that late Ekram Miah Chowdhury, the predecessor‑in‑interest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of ..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......c safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was served on the detenu till the..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......to be a right in an immovable property but not so a lease under section 106. Upon consideration of section 105 it was observed in para 11 of that decision: "The lease, as defined, no doubt creates an interest in immovable property and the Act also says that it is transferable”……………We are..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ns. We therefore, propose to give our construction on the section. 4. The scheme of section 20 may be looked at. The section contemplates the sequel to the acquisition of all rent-receiving interests. The section covers the holders of all categories of land, not only the rent-receiver but..Category: Others | Date: | Hits: 142
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......y or indirectly, through or from any business connection in taxable territories or through or from any asset or source of income in taxable territories or through or from any money lent at interest and brought into taxable territories in cash or in kind, or through or from the sale, exc..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ...... brothers. Respondent No. 2 Abbas Ali is the, nephew of Sajjad Hossain and Saifuddin. The Company is a private Limited Company. Petitioner No. 2 used to stay with the family and used to work in the interest of the factory of the Company at 158, Tejgaon Industrial Area. In 1971 wife of Sajjad Hos..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ...... pre-emption. Learned counsel for the appellant has repeated this contention before this court and has submitted that as Respondent No. 1 was a party to the preemption proceeding, ('it is interesting to notice that in one part of his argument dealing with the question of the applicabili..Category: Property Law | Date: | Hits: 77
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. ......ts, that Defendant No. 28, the Deputy Commissioner, Dinajpur is also a Bharatia tenant in respect of a go down under requisition and that other defendants have been impleaded as they claim some interest in the disputed properties. After the institution of the suit, hostilities between Indi..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......-General has drawn the attention of the Court to the facts that Respondent No. 3 who presented the election petition to the Election Tribunal was a candidate only for the office of Chairman and was interested in the election to the said office alone and that none of the successful candidates for t..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......suspended or curtailed because of the agreement. It may however revive in full part after the fulfillment of the terms of the contract. It is not a mere contingent or possible right or interest, as contemplated in S. 60(1 )(m) of the Code, but a vested right exercise of which remains..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. ......ot be invoked where some other remedy is available. The jurisdiction given by set lion 561A is not an alternative jurisdiction nor an additional Jurisdiction but it is a jurisdiction preserved in the interest of justice to redress grievances for which no other procedure is available or lies been pro..Category: Anti-Corruption Laws | Date: | Hits: 225
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......s in the said proceeding. An application was thereupon filed by the appellants on 4-6-60 in which it was contended that the said persons were not the holders of contiguous lands as their interests had already been transferred by their predecessor to Opposite Party No. 66 and that, in v..Category: Property Law | Date: | Hits: 54
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. ......wo sub-sections are not material for our consideration. Sub-section (1) says, that when a property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the certificate debtor at the time of the sale, even though the property itself be spe..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.......of unsound mind or a person adjudged insolvent by a competent Court of law, the administrator may for such period as he deems fit, appoint a person to act as Mutwalli with notice to all the persons interested in the wakf. Any person aggrieved by such an appointment may, within three months from ..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. ......Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury,..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......plaint in that suit in accordance with the provision of rule 8 of order33,the principle underlying the provision of Order 21 rule 29 of the code may very well be invoked in the instant case in the interest of justice under section 151 of the Code of Civil Procedure for purpose of stay of e..Category: Property Law | Date: | Hits: 61
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. ......ore, tried to impress upon us that all that have been alleged against the petitioner can reasonably be explained away as acts done in good faith for successful execution of the work in the ultimate interest of the District Council and as such the petitioner had no mens rea while he gave some faci..Category: Criminal Law | Date: | Hits: 69
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. ......pany had to contribute in the provident fund, the share of the employer, and so had very high stake involved in the said fund, some representation in the Board is essential to protect the interest of the Company. The appellant's representation in the Board must be regarded as within hi..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. ......ring the pendency of the suit, by mutual agreement, the matter was referred to two arbitrators. The arbitrators gave an award in favour of the plaintiff and awarded him proportionate costs and future interest. Objection against the award was filed by the defendant. The matter went up to the High Cou..Category: Business or Commercial Law | Date: | Hits: 86
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. ......2 C.W.N. 133; A.I.R. 1958 Cal. 543 and the other of Madras High Court in the case of Vaidyanatha Vs, Bank of India A.T.R. 1955 Mad. 486, that a shareholder of a limited company was not a person whose interests were affected by a sale of the company's property and as such had no locus standi to app..Category: Property Law | Date: | Hits: 118
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