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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....r dated 28.7.1971 passed by the Dacca High Court in Civil Revision No. 962 of 1967) Judgment Debash Chandra Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an ......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. ..Category: Property Law | Date: | Hits: 93
....d by limitation. He reversed the decision of the Trial Court and decreed the suit.
6. The defendant No. 1 preferred a second appeal to the East Pakistan High Court, and it was heard by a Division Bench. The High Court concurred with the First Appellate Court both as regards title and possession ...... 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)
....rom the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the Cons......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. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....urity money is not liable to attachment under the Code. Against this order the Government moved the High Court of East Pakistan in revision. 4. A Division Bench of the Dacca High Court, in disposing of the revision case, held on consideration of s. 60 of......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. ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....sed by the High Court Division In Criminal Revision No. 360 of 1969). Judgment Ahsanuddin Chowdhury, J.—These two appeals, by special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code ......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)
....iation of their new ships used by them in respective years of assessment. 4. Against the said orders, the assessees preferred direct appeals to the Income Tax Appellate Tribunal, Dacca Bench. The Tribunal held that initial and additional depreciations were allowable and di......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
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ent and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revisional jurisdiction, wit......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....as such the said Muzaffar Ali Khan was a necessary party in the pre-emption proceedings, which was not maintainable in his absence. 9. The learned Single Judge relying upon a Division Bench decision of the Dacca High Court in the case of Syed Abdul Karim and others Vs. Harendra Cha......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. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....f defence, in a suit filed by the certificate purchaser to establish his title, nor can such title be collaterally challenged in another suit. We find that this view has been held by the two Division Benches of the Calcutta High Court, in Ananda Chandra Nandy vs. Jhulon Singh, 33 C.W.N. 305; and S......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. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....5. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises against the judgment and order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed in Civil Rule No. 16...... 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...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....set aside the judgment of the High Court and remanded the appeal to the High Court to dispose of the same, in accordance with directions given therein. After remand, the appeal came before a Division Bench consisting of Mr. Justice Salahuddin Ahmed and Mr. Justice Abu Sadat Mohammad Sayem, as thei......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. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ourt Division in Civil Order No.1021 of 1975) Judgment: D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an application filed by the appellant under ...... 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. ..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....din Ahmed has referred in support of his contention the case of Nuruzzaman Vs. The Secretary Education Department, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, where a Division Bench of the Dacca High Court, has held that a proceeding under section 32 of the Ordinance,, ii of......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ..Category: Property Law | Date: | Hits: 43
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....e respondent's request for having made it a rule of the court. The appellant contested the award and sought to have it set but a decree was ultimately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....5. The petitioners, the share-holders, having moved the Dacca High Court against the said order of the learned District Judge dismissing their application for setting aside the sale, a Division Bench of the said Court expressed its dissent from the general formulation of the law as made in the......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. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
.... 1975 Judgment: K. Hossain J: This leave-petition at the instance of petitioners, Bangladesh and another, arises out of a writ petition wherein a Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dis......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. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... by the High court Division in Civil Revision No. 727 of 1975 Judgment: D.C. Bhattacharya J: This appeal by special leave is against an order of a Bench of the High Court Division refusing to interfere, in exercise of its revisional jurisdiction,......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. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....s leave petition is sequel the prayer for temporary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....longed there was no forfeiture of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ficacy, and ascertaining that the reduction of spirit strength was done to avoid their misuse for alcoholic beverages in conformity of advancing the policy of prohibition among the Muslims. 2. A Bench of the High Court Division on consideration of the rival contentions of the parties allowed th......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
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