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Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....s like banyans, Jerseys, Sweaters etc, it was liable to duty under Item 15A of the First Schedule of the Central Excise and Salt Act, 1944 and asking the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Compa......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....of the Dacca High Court, namely, Ranjit Singh Hazari Vs. Juman Meah, 13 D.L.R, 105, may be noted here. In the said case in execution of an order directing restoration of possession under Order XXI Rule 101 of the code, certain persons, who were alleged to have been ousted from certain land appli......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. ..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....aid date. 8. Defendants No. 6 and 7 without filing any written statement as directed moved the High Court at Dacca with an application under section 115 of the Code of Civil Procedure, on which a Rule was issued and the said Rule was discharged by a Bench of the said High Court on 28.7.71. Altho......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
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated......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)
....Vs. Motiba Chetty 561.C. 948, and Shantanand Vs. Basadevanand 52 Allahabad 619 AIR 1930 Allahabad 225. The learned Judges mostly relied oh the cases of Banamali Sen and Shantanand. The Rule was discharged. 5. The then province of East Pakistan obtained leave against the s......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)
....and appellant of Appeal No. 29 obtained a rule in Criminal Revision No. 786 of 1970 for quashment of the proceedings against them. High Court refused to quash the proceedings and discharged the Rules. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellants has contended that......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)
....is involved, they are heard analogously and disposed of by one judgment. The question is whether under the provisions of section 10(2} (vi) of the Income Tax Act read with rule 9 of the Income Tax Rules the initial depreciation is allowable to vessels belong to non-resident companies which did n......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)
....ocate, instructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (From the Judgment 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 i......oint was further developed at age 74 of the same report in the following words: "It is well-settled, however, that no general rule can be laid down as to whether a provision in a statute is absolute or directory. It was ruled by Lord Combell, L.C. in the Liverpool Borough Bank Vs. Turner ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. 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. ......urally. 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)
....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. ......said Muzaffar Ali Khan was a necessary party in the pre-emption proceeding and that in his absence the said proceeding was not properly constituted and on the said view of the matter made the rule absolute and dismissed the application for pre-emption. 10. Special Leave to appeal was gr..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... of regularity has been amply rebutted, when the tribunal found that quite a large number of invalid votes were cast in favour of the appellant. 8. The learned Attorney General referring to Rule Nos. 40, 42, 44 and 81 submits, ballot papers are, no doubt, good pieces of evidence in an ele...... 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)
....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. ...... acquired a paramount title in the certificate sale. The certificate sale under subsection (3), we have already observed, corresponds to rent decree in some cases, and the purchaser acquires an absolute title in the holding, except the protected interest described in the proviso to the sub-s..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....t 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. 1687 of 1968 on July 1, 1969. 2. The appellant who claims to be the eldest son of one M...... 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
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....e appellant under section 115 of the Code of Civil Procedure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1, by which the proceeding in execution of a decre......of 1969 to file. The appellant having moved the High Court Division under section 115 of the Code against the said order of restoration, a Rule being Civil Rule No. 160 of 1972 was ultimately made absolute on 11-4-74, setting aside the order of restoration of the Miscellaneous Appeal and dismis..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
..... S. Hoda,Advocate-on-Record—For the Appellant. Aminul Huq, Advocate-on-Re cord—For the Respondents. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal......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
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....ake over the management of the Company. But the said Order clearly recited that the Company shall continue to be a company under the Companies Act and that subject to the Martial Law Order and the Rules made thereunder, the provisions of the Companies Act shall apply. The fluctuating details of ...... 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. ..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. ......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
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193 of 1975 discharging the Rule issued earlier. 2. The appellant was prosecuted on the allegation that he along with 2 other......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... in the properties belonging to the company, such share-holders cannot be said to have their interests affected by the sale of the properties of the company within the meaning of the relevant Rule and has referred, in addition to the cases of Vaiydanatha Vs. Indian Bank Ltd. A.I.R. 195......n in the following manner: ''In my opinion, the words 'any person whose property has been sold' include every person who has an interest in the property in question whether qualified, partial or absolute". 14. We, therefore, find that in the Civil Procedure Code of 1908 which was enacted by ..Category: Property Law | Date: | Hits: 118
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