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M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....shy;llant the Court feels satisfied that the order of refusal to grant certificate was unjustified it would so declare. The Court has merely to ensure whether the order of refusal was made rightly or wrongly. A mere declaration of this nature does not result in acquisition of land by the appellant, ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......sion are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....the plaintiff went to Bharat for treatment and change on privilege leave. From there he applied for extension of leave accompanied by medical certificate which was parity granted and his service were wrongly terminated by a letter dated 7.7.59 against the Standing Rules and Orders of the defendant c......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ...... ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....n collected is due as tax or in the present context, as one of varieties known as customs duties which can be imposed by the legislature, it cannot be recovered by any legislation because it has been wrongly collected by the Government. Under the guise of incidental or ancillary power the ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....or in refusing leave to appeal to the petitioner. As in our opinion the petitioner was entitled under Article 135 to come up with an appeal to this Court as of right and such right has been wrongly denied to him we are prepared in the circumstances of this case, to grant him special leave ...... get Super quality saree for his trade and he was not taking the yam for black marketing. 4. Prosecution examined three witnesses- the Havildar who arrested the appellant, the Police Officer who recorded the. First Information Report and the seizure list witnesses. Defense examined no witness. ......adud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......der of requisition irregular illegal and he, therefore, set aside the order of requisition. He further ordered the requisitioned property should be restored to the respondents who were its owners. He recorded among others the following findings:
“On perusal of the records it appear that t...... any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......opy of the assessment order has been annexed as annexure 'A' to the application. The Income-tax Officer in exercising his power under the proviso to section 13 of the Income Tax Act recorded the following finding:- “Although purchases are vouched and Cash memo duplicates...... Vs. Commissioner of Income Tax……………………...Respondent Judgment, July 7, 1975. Result: The question submitted answered in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxati...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....aforesaid Misc. Case and his application was restored as Misc. Case No. 46 of 1967. In his application for restoration the defense stated inter alia that the Mohrar of the pleader, who is an old man, wrongly gave him 20. 6. 67 as the date of hearing of Misc. Case No.21 of 1967 although the actual da......ixed on 10. 6. 67 but on that date the defendant did not take any step, but it appears that the plaintiff filed an application for one month's time enabling him to produce witnesses and the Court recorded the following order: “Petitioners filed no hazira. Opposite party files a petiti......shi Vs. Farman Ali Mridha & anr.; 14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ity in declaring the entire election void when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) ......ribunal, Patiya, Chittagong has been challenged on two grounds, namely, first, the Election Tribunal committed a serious illegality in declaring the entire election void when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Seco...... Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......of the facts, and circumstances mentioned before. The case therefore succeeds.” 5. Had the Tribunal discussed the evidence of the witnesses of the petitioner, the finding that the Tribunal recorded in its Judgment would have been the findings of facts on proper basis and as such this woul......din Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......f the absence from duty- (a) if he is honourably acquitted, the full pay to which he would have been entitled if he had not been dismissed, removed or suspended and, by an order to be separately recorded, any allowance of which he was in receipt prior to his dismissal, removal or suspension, or......is also Reported in: 27 DLR (HCD) (1975) 563 ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......hearing of temporary injunction matter Court noted that the copy of the petition was served and no objection was raised. 31.12.73 was fixed for hearing of the injunction matter. On 31.12.73 the court recorded the following order." Defendant No. 1 filed written objection. Copy of N/O served. Let......out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......incriminating articles by preparing a seizure list in presence of witnesses. The appellant had no license or authority to keep the same. P.W. 6 Officer-in-charge of the police station Saritullah recorded suo motu F.I.R. Ext. 2, and to endorsed the same to P.W.1 for investigation. After com......Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......ed for any legal proceeding period between 1.3.71 & 1.4.72 (both days inclusive) shall be excluded. As has been noted on 15.5.71 the Misc. case was dismissed for default. The executing Court recorded the following order:- O.P. files hazira. A.P. files hazira and fresh power. Petitioner...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....ourt in the exercise of its jurisdiction acted illegally, or with material irregularity. If it appeared that it had jurisdiction to decide the question before it, then it could decide it rightly or wrongly, and even if the court below decided the question wrongly, it could not be said that it ac......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for evading payment of taxes due from Khorabhoy Jagmall, (2) Income tax assessment order Exts. 2 and 3 wrongly considered by the Court below as evidence to show that there was no joint family with Khorab......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......th Vs. Hancock, (1) 1894/2 Ch page 377 Lawyers Involved: Sultan Ahmed Deputy Attorney General—For the appellant Substitutes. No one—For the Respondent. Appeal from Original Decree No. 12 of 1965. Judgment K.M. Subhan J.—This appeal is by the erstwhile......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ana and that the Daroga did not record the First Information Report according to his statement, but simply took his L.T.I, on a plain paper. Subsequently when he came to learn that the F.I.R. was not recorded according to his wishes, he filed an application to the committing Magistrate stating this ......wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
.... to take into account all these facts and circumstances. 11. Lastly, it was contended that the High Court Division was not justified in accepting the view of the learned Sessions Judge who had wrongly introduced section 302 of the Penal Code and Article 7 of the President's order No.50 of 1......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ...... accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......olved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned......the Non-Agricultural Tenancy Act, 1949, impleading the petitioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. P..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......'s case is a simple one. His case was that he delivered the allotment letter to one Shahjahan Mia on the order of the Head Clerk. The Head Clerk denied it. In this context the appellate authority recorded "delinquent did not prove by any evidence" and thereby contented himself by concl......e Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....25. I. 73 and it has been held in the said case that it is in the nature of a preliminary decree. But the introduction of default clause of the nature referred to above, whether it is done rightly or wrongly, undoubtedly transforms the character of the decree, and it becomes final, so far as that pa......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others, in Civil Revision case No. 326 of 1962; Azizul Hoque and others Vs. Shuasini Ghose, 21 DLR (Dacca) 3......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
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