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Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......4), (6) or (7) the Arbitration Court, in the case of an order passed by it, or the Thana Magistrate in the case of an order passed by it or by the Tribunal, shall cause the possession of the property concerned to be delivered to the applicant by evicting the unauthorised occupan..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......ment which requires to be compulsorily registered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of attorney requires registration under the law, The latter proposition has no f..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......a question which ha been agitated for about a century in the superior Courts of the Subcontinent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. For proper appreciation of this question rel..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......etitions before the Deputy Commissioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permission for sale of immovable property and if any such application had been filed it should be rejected. The sale-deed was presen..Category: Property Law | Date: | Hits: 75
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... Act, such profits or gains shall be computed after making the following allowance, namely; (vi) in respect of depreciation of such buildings, machinery, plant, or furniture being the property of the assessee, a sum equivalent where the assets are ships other than ships ordinaril..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......ious institutions, called 'Muts' under the Orissa Hindu Religious Endowment Act, 1951. The affected Mohantas challenged the Scheme by a Writ Petition intending that the Scheme interfered with their property-right guaranteed by the Constitution and ultimately got a favourable judgment dated 16 May,..Category: Constitutional Law | Date: | Hits: 188
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. .......10.1965. Exhibit C of the judgment belies his stand. Moreover, no cogent' evidence was given to show that the plaintiff paid any consideration for the kabala Exhibit 1(b) by which he purchased the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had b..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
.... 5. Being aggrieved, the appellant moved this court and obtained leave to consider the following submissions regarding the service of notice upon the respondent. "First, notice was served by personal service and secondly, by registered post which was proved by acknowledgment receipt bear......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is part of the law relating to personal capacity to make binding transfers or settlement of property of any kind. 5. T......tion may be stated thus: The appellant brought the suit for setting aside the deed of perpetual lease executed on 21.2.56 and the deed of sale of the rent receiving interest of the lease hold property executed contemporaneously by Meher Afzan Bibi, mother of the appellant in favour of ..Category: Property Law | Date: | Hits: 57
....f the absence of such expressions as "if purported to be done" in section 33 of the ordinance.
16. As to contention regarding the violation of the principles of natural justice insofar as no personal hearing was claimed to have been granted, it appears that no request was made by the respon......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......f the Judge." 12. The learned Council mentioned that in the neighbouring country of India in 1971 the Naval and Aircraft Prize Act, enacted by the Indian Parliament provided that by property or money which are condemned by the Prize Court shall be the exclusive property of th..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ...... argue why the broad principle of restitution as provided in section 144 should not be applicable in the case of reversal of an erroneous order by which a person had been deprived possession of his property, in a civil proceeding which ends with an order having the force of a decree. 5. In..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....he authority empowered to pass an order, the person charged shall be furnished with a copy of the Enquiring Officer's finding and/or Superintendent of Police's recommendations so that he may at the personal hearing be in a position to refute anything therein stated which in his opinion is incorrec......e appellate authority, shall send the proceedings, service book or roll and confidential report of the appellant, together with a covering letter. Only relevant papers shall be sent and they shall be property flagged for reference. 53. Regulation 884 provides that the Inspector-General or the ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ing accommodation to a public officer where absence of such accommodation would impair the efficiency of public service is a public purpose (HF. Pettit vs Secretary of State) A.I.R 1914 P.C 21 but property requisitioned from the Government Servant for accommodation of another Government servant..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......ad; (b) he refuses to perform or becomes disabled from performing his functions; or (c) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Parishad. Explanation.- In this sub-section, "misconduct" me..Category: Employment/Service Law | Date: | Hits: 100
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....aster, crew and other persons hired on board. (3) Remuneration for assistance and salvage, etc. (4) Indemnities for collision, as also for damage caused to harbours, docks, etc; indemnities for personal injury to passengers or crew; indemnities for loss of or damage to cargo baggage. (5) Cl......land or on water, in direct connection with the operation of the vessel; (iv) claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connection with the operation of the ve..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....lement Officer on November 21, 1961 which runs as follows: "Seen the report of the R.C.O and the sketch map showing area proposed to be classified as bazar, I personally went to the locality and personally inspected the area. The area shown in the ske......tively in Mouza 9,4 Palaspole, P.S. Satkhira, District Khulna and the structures thereon, namely, two-storied buildings with shops situated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no l..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the Income Tax Act. The Wealth Tax Officer and the Appellate Commissioner took the view that the property of the assessee company should be assessed under rule 8(3) and not as business. The Income..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... be defeated. 19. In the case of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of agricultural income of the employer is not exempt because the ......e, profits and gains shall be chargeable to income tax in the manner hereinafter appearing, namely,— (i) Salaries (ii) Interest on securities (iii) Income from property (iv) Profits and gains of business, profession or vocation (v) ..Category: Fiscal/Taxation Law | Date: | Hits: 75
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