Search Options
Judgment Advanced Search
Displaying 6041-6060 of 6365 results.
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....on of the remaining shares in such company in the prescribed manner on such terms as it deems fit. (2) Where under clause (1) the Government becomes the holder of more than fifty per cent of the total number of shares in the company, the Government 'may by cruder in writing, (a) dissolve the......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....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. ...... inference that the legislature intended something which it omitted to express. Lord Mersey said "It is a strong thing to read into an Act of Parliament words which are not there, and in the absence of clean necessity it is a wrong thing to do. (Thompson Vs. Goold & Co. (1910) A.C. ......ppellant Company having failed to obtain any relief against the said imposition of duty from the Collector of Customs and the Central Board of Revenue moved the High Court of East Pakistan in Writ jurisdiction for a declaration as aforesaid but the High Court by its order dated 1-12-1969 rejecte..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....;1, the said respondent would be bound to deliver possession of the said lands in execution of the order of pre-emption in the same way as the purchaser, Respondent No. 2. 24. This view is totally misconceived. It should be understood that a pre-emption proceeding is no substitute f......ation purported to be under section 47 of the Code filed by Respondent No. 1 Ashrafun Nessa was not maintainable as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in pos&s......was passed, the application purported to have been made under section; 47 of the Code of Civil procedure was not maintainable arid as such the order allowing the said application was passed without jurisdiction. 5. On this question arguments of counsel of both sides were heard. Besides, M..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......imitation. It was also found by the learned Subordinate Judge that the plaintiff having admitted the defendant to be a tenant in respect of the disputed property, the suit was not maintainable in the absence of a notice under section 111(g) of the Transfer of Property Act, determining the tenancy of......not interfere with such a finding merely because it appears to the said Court that there was an error in appreciation of the evidence on record, however; gross it may be. This view of law as to the jurisdiction of the High Court as the Second appellate Court was enunciated by the Judicial Committe..Category: Tenancy Law | Date: | Hits: 68
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. ......plaintiffs and the principal defendants being Indian Nationals and having resided in India the disputed properties had vested in the applicant defendant under the emergency laws in force, that in the absence of the Indian nationals several interested parties who were pro forma defendants in the said......on 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 order of appointment of a receiver under Order 40 rule 1 of the Co..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. ......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. ...... This point has not taken by the appellant before the High Court Division nor has it been taken before this Division, presumably because he is not interested in it, but as the question relates to the jurisdiction of the Election Tribunal in making the impugned order and is of great public importance..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. ......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. ......he executing Court under Order 21 rule 46B CP. Code in compliance with which the entire deposit money was brought into Court for satisfaction of the claim of the decree-holder was patently without jurisdiction. 32. In view of the conclusion we arrive at, namely that the attachment will s..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....e charge-sheet issued warrant of arrest and the accused appellants surrendered to the process of the Court. Mr. B. Hossain further argued that the proof of an offence complained of will depend on the totality of facts. No evidence has yet been gone into. It is, therefore, too early to ask for quashm......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. ......necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 9. The High Court has, in view of its general jurisdiction over all the criminal courts subordinate to it, inherent power to give affect to any or..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)
....hedule 2, and rates of super-tax are also provided for, and by sub-section (3) it is provided that : "for the purpose of this section and of Schedule 2, the expression 'total income means total income as determined for the purposes of income-tax or super ta......ions in respect of the vessels which did not ply in Pakistan waters during the period in question and which had not been installed in Pakistan." And (ii) Whether the absence of the word 'Pakistan' after the words 'has been installed' in section 10(2) (vi) of the I......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)
....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. ...... the Court on the 7th day of September, 1929. 26. Niyamatullah, J. accepting the view expressed in the earner two cases of the Allahabad High Court, as has been referred to above, held that in the absence of a notice by one of the parties to the other to appoint an arbitrator the Court had no pow...... 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, with an order made by the First Court of Subordinate Judge, Dacca appointing an Arbi..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....words. Keeping this statutory rule of interpretation in mind, we are to proceed to consider the language of Article 58 of the Constitution of 1962. A glance at the language of the Article reveals a total lack of any word, expression or language leaning towards the restriction or curtailment of th......d by the High Court and that of the leave order can be split into two, and we shall proceed to deal with the question accordingly. It is whether the assessee, who is a tenant can in the absence of any undertaking to that effect, claim deduction for conversion of......he Constitution of 1962. For our purpose Articles 58, 60 and 255 are material. Article 58 consists of three clauses. Clause (1) says that the Supreme Court, subject to this Article, shall have jurisdiction to hear and determine appeals from judgments decrees, orders or sentences of a High Co..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. ......tated in paragraph 4 of the petition of objection that Yakub Jan Bibi, Sarat Das, Kuti Bibi and Faizuddin were the contiguous land owners and that the application was not maintainable in their absence. 4. It appears that on 9-4-60 the appellants filed an application in the Court for ......aid Court, an application was filed on behalf of the petitioners praying for a consideration of an additional ground which was as under: "For that the Courts below acted without jurisdiction in allowing pre-emption though the pre-emption case is not duly constituted due to wa..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... not produced large and adjudication is not possible, the Tribunal will not act upon ballot papers produced; but then the ground will not be one of admissibility but of adequacy of evidence. In the total absence of evidence of ballot papers, when none of the parties is responsible for their......Firstly, whether casting of some false votes without any clear finding that they were cast in favour of the appellant would be a ground to nullify the election; Second, whether the Tribunal in the absence of 97 ballot papers for the appellant and 826 for the respondent Nani Chandra could act upo...... 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)
.... party, if special circumstances of the case outweigh such consideration. In exercising this power, the Court would no doubt, be reluctant to allow such an amendment, which would have the effect of totally altering nature of the suit, or take away a valuable right accrued by lapse of time, but whe...... plaintiff. But as regards possession he reversed the finding of trial court and held, the defendant was in possession of the land and the suit was hit by section 42 of the Specific Relief Act in the absence of a prayer for consequential relief. The first appellate court dismissed both the appea......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)
.... 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 such an appeal to an Additional District Judge or Subordinate Judge has been conferred on him or not, these being merely superficial considerations, cannot make a 'persona designata'. Rather the absence of any procedure shows that the District Judge was to act as a Court. Moreover, when such ri......of Pakistan granted leave to consider the following contentions raised by the appellant: (1) acknowledgment by itself is no proof of legitimacy, (2) High Court in exercise of its revisional jurisdiction could not set aside the findings of the fact arrived at by the District Judge, and (3) ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... the plaint from the date of the compromise, namely, the 28th February, 1928." The parties will be bound by the result of the accounting. The successors-in-interest of the mortgagee will get a total sum of Rs. 3000/-viz. Rs. 1500/- as principal and another sum of Rs. 1500/- as interest. If it......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. ......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)
.... 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. ......s a simple-minded illiterate man, who could not appear also in Miscellaneous Appeal No. 187 of 1968 and Miscellaneous Appeal No. 107 of 1969, both of which had been dismissed in the absence of both the parties. 7. Mr. Nizamuddin Haider, learned Counsel appearing on behalf o......rule 1 of the Code, the said suit, on the face of it, is not maintainable and the learned Subordinate Judge trying the Respondent's application under Order 33, rule I of the Code exceeded his jurisdiction in staying the execution proceeding till the disposal of the Miscellaneous case under ..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......ievance is, that the Company called on oral witnesses. But we find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not absence of evidence, and this cannot be a ground to impugn the decision of a domestic tribunal. ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....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. ......rovide for matters for our consideration. 6. It is true, that the section is silent as to whether an application for removal of mutwalli is to be accompanied by an affidavit, and this absence assumes some importance in view of the provision of affidavit for an application under......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
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......r of the Court of appeal before and restored that of the trial court. 3. Mr Rahim, learned Counsel of the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the ..Category: Property Law | Date: | Hits: 44
957956955954950947946945943942941940939938937936935934933930