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Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, A..

Category: Business or Commercial Law | Date: | Hits: 129

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in pos­session of the property on her own account, the execution case should not have been dismissed. Leave was granted to consider the above question. 4. Mr. Golam Rabbani, the lea..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

.... alleging that Pyari Lal Pal contracted to sell the property in dispute to the defendant for a consideration of Tk. 7000/- on the basis of a deed of agreement and that the said suit was allowed to be dismissed when it was disclosed in the said suit that the alleged deed of agreement was a forged doc..

Category: Tenancy Law | Date: | Hits: 68

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

....e properties to the Wakf had not been established and the wakfnama was never intended to be acted upon, and so mere exe­cution of the Wakfnama did not create a Wakf. The suit was, accordingly, dismissed. 5. This dismissal of the suit has been up­held both in first appeal and secon..

Category: Trust/Waqf Law | Date: | Hits: 239

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

.... and circums­tances in each case. The Court shall have to decide the said question on 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

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....n. He sets up his inherited tenancy right from his grandfather Ramzan. Alternatively, he asserts that the suit is barred by adverse possession. 3. The learned Subordinate Judge who tried the suit dismissed it, holding that the plain­tiff failed to make out his title, and that the suit was barre..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Co­mmissioner and others, 1975, 4 CLC (AD)

....attacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Co­mmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by..

Category: Election Law | Date: | Hits: 122

Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

..... Sk. Sarwaruddin……..... Appellant (In Criminal Ap­peal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Mu..

Category: Anti-Corruption Laws | Date: | Hits: 225

Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)

..... "We are of the view that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal   is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 64

The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....hat regard. Hence the Tribunal was right 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)

....y the jurisdiction of the Court to intervene. An application filed before the expiry of the said period may thus be regarded as premature in that particular circumstance, and the applica­tion may be dismissed, if it is taken up for hear­ing before the expiry of the said period. If, however, the pa..

Category: Alternative Dispute Resolution | Date: | Hits: 258

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

....lusion drawn from the facts found by the High Court flows naturally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)

....t pressed." 6. An appeal against the said order was heard by the 3rd Court of Subordinate Judge, Barisal before whom the same points were pressed and the learned Subordinate Judge dismissed the appeal affirming the judgment of the trial Court. No objection as to the defect of pa..

Category: Property Law | Date: | Hits: 54

Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)

....his regard. It cannot now be challenged in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..

Category: Others | Date: | Hits: 101

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

.... sale voidable and not a nullity. A prayer was made before the High Court to allow the plaintiff to amend his plaint by adding the prayer for recovery of possession, but it was refused and the appeal dismissed. 4. The plaintiff moved the Appellate Di­vision and obtained leave on two points the H..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....mir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. Result: The appeal is dismissed. Cases Referred to- Must. Dirji Vs. Smt. Goalin, AIR 1941 Patna 61 (E.B.); Afsarud..

Category: Trust/Waqf Law | Date: | Hits: 182

Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)

....al being F.A. No. 2 of 1950, to the then High Court. Cross-objection was filed by the respondent but it was not pressed. Hence, it was rejected. The High Court having found no substance in the appeal dismissed the same with costs. On further appeal to the erstwhile Supreme Court of Pakistan against ..

Category: Property Law | Date: | Hits: 64

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

.... thereafter filed an application for setting aside the said exparte decree under order 9, rule 13 of the Code of Civil Procedure being Mis­cellaneous Case No. 187 of 1968, which was ultimately' dismissed for default. An appeal being Miscellaneous Appeal No. 107 of 3 969 which was filed by Re..

Category: Property Law | Date: | Hits: 61

Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)

....  K. Hossain J: The petitioner is a dismis­sed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two co­unts and dismissed after holding a domestic enquiry. His petition before the Labour Court and thereafter a ..

Category: Labour and Industrial Law | Date: | Hits: 151

Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)

....alli immediately. Against this order the appellant moved the High Court by a writ petition. 2. The High Court on hearing the parties concurred with the finding of the Administra­tor and dismissed the writ petition with costs. Leave was obtained by the Mutwalli on two grounds which are..

Category: Property Law | Date: | Hits: 43