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Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... the owner of land contiguous to the land transferred and that this application is not maintainable in law and is barred by limitation. 4. The learned Munsif rejected the claim of the transferee holding that section 96(4) of the Act gives the right only to those transferees who are co......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....d it involved the reopening of the assessment for the years 1947-48 and 1948-49. The Income-tax Officer by his order dated 15.7.61 overruled the objection and rectified the revised assessment on holding that the Company having been found by the Appellate Assistant Commissioner to be a non-......igh Court, discharging a Rule obtained by the appellant on an application under Article 98 of the late Constitution of Pakistan.
2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limi..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
.... application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeiting the sa......na, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measuring 19 kattas 4 chattaks belonging to the Government Khas Mohal appertaining to Khas Mohal Estate No. 157 of the Dacca Collectorate was taken i..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....aning of Article 2 of President's Order No.16 of 1972. As regards the question with regard to the assets and business of the firm in question the High Court Division has found that with a view to holding a certain property of absentee owners to be an abandoned property it is to be seen if the Go......ntained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the People's Republic of Bangladesh. 2. The case of the Respondents 1 and..Category: Others | Date: 27 Jan, 1977 | Hits: 217
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....id hold and perform the duty without filling up any particular post of Prof, of Medicine and the petitioner did not and does not receive any extra remuneration or any separate emolument for holding the designation and performing the duties of Prof, of Medicine. Though there was no particul......ing to accept the position of Director of the IPGMR as a non-practising administrative post. Since the petitioner was unwilling to hold such a post, he solicited certain clarifications from the Government and also pointed out that the decision of the Govt. was contrary to the recommendations of..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
....ut foundation As already observed the letter Ext. 4(1) was written on 13. 7. 46 nearly a year after requisition of the goods on 26.9. 4.5. The learned Subordinate Judge rightly expressed surprise for holding the goods so long by the Civil Supply Department in face of great demand of the goods in the...... namely. Rohiniranjan Shaha and Rai Mohan Shaha and some others; but all the criminal cases failed. On 16-7-45 the retail license of the plaintiff was cancelled and the plaintiff was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civ..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....ers under section 42 of the Government of India Act, 1935 issued Emergency Powers Ordinance No.IX of 1955 validating those Acts by giving his assent to them with retrospective operation. In holding that the Ordinance in so far as it validated those Acts Which had become invalid due to ......import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the c..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ose under the following circumstances. One Annapurna Debi had occupancy right in certain lands which were held by her as a tenant under the petitioner and his co-sharers. On May 20, 1938 she sold the holding by two separate registered kabalas to two different venders. Notice of those sales were serv......tried. 3. Defense case is that the appellant is a weaver in occupation and resident of Barbelar Char, P. S. Chohali in the district of Pabna, and was coming towards Tangail via Charabari to make over the yam to a Tanti (weaver) for the purpose of manufacturing: superior quality saree as the app..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....rst Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong. 2. The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III fro......ny person' could be the subject matter of labour dispute. The subject matter is not limited to workers collectively or to worker as such. It says that the dispute may concern any person. The controversy between the parties has centred round the expression 'any person'. Mr. Islam, contend..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....tan Government. This does not at all refer to residence on the authority of Pakistan Government. There is no language in the explanation which could be construed to extend the immunity to a person holding a passport or getting renewals of his passport. Secondly, the contention does not stand the......ta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No...Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ppointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appellant did not raise this objection at the time the third arbitrator started holding the enquiry. In the circumstances the appellant must be deemed to have agreed to the appoint......ry between those plots, he on 13-2-68 made an award, the sketch map forming part thereof. This award was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
..... Habibur Rahman learned Counsel for the appellant contended that the High Court erred in disregarding the fact that 'Cellophane' is a trade mark registered in different countries of the world and in holding, in disregard of the admitted fact, that 'Cellophane' was a generic term and that 'Dilphane'......arged by the Dacca High Court. It was held that the appellant failed to make out a case for exemption from excise. duty of its product known as 'Dilphane' and that as a matter of fact 'Dilphane' was covered by the word 'Cellophane' mentioned in item 35 of the Act.
4. Mr. Habibur Rahman learned ..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....lso filed cross-objection on the ground that the trial Court should have decreed the suit on the basis of the market difference at Karachi. The learned Judges of the High Court dismissed the appeal holding that although the plaintiffs could not prove that they had suffered loss on account of non......id contract between the parties, that the defendant-sellers were in breach, and that the due date was 31.8.55. These findings are now concluded and we are not called upon to investigate the controversy over again. That being the position we are required to consider the true import of S. 73 of ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....t out in paragraph 10 of the application. The question of law has been formulated in manner as follows:- “Whether in the facts and circumstances of the case the Tribunal was justified in upholding the rejection of accounts and taking recourse to the proviso of section 13 of the ......tion may be made to me book version of business profits, where no stock account is maintained, on the sole ground that the net profits disclosed appear to be insufficient in relation to the total turnover?” 13. The Division Bench answered the question in the negative, the learned Judges i..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....is of no legal effect. As a result, we declare that the petitioner is qualified for election as Chairman of the Union Parishad and also declare that the election in center No. III only is void. After holding fresh election in centre No. III the result obtained may be amalgamated with the result of t......r 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) Order, 1973 (hereinafter referred to as 'the Order'..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where there had been a default in the holding of an annual general meeting primarily the power under section 76 subsection (3) o......ectors was held in 1973 to discuss the accounts of the company for the year 1972. Similarly no accounts of the year 1971 were even presented before the Board in 1972 although there was a loss of Taka over 6 lacs appears from the balance sheet of the year 1971. In Every year from 1955 to 1970 the com..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....No. 2 who died during the pendency of the suit.
9. Mr. S. R. Paul, the learned Advocate appearing on behalf of the appellant has firstly contended that the learned Subordinate Judge was wrong in holding that the suit was not had for defect of parties and also that it was not barred by limitatio......
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veer..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (New) being No. 740 (old) of Mouza Anderkilla, known as Terri Bazar, P.S. Kotwali, C......e petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he state..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....said decision of the learned Subordinate Judge. 5. Mr. Moinul Hossain, the learned Advocate appearing, on behalf of the petitioner submits that the learned Subordinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the noti......dinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued b..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....e Dacca High Court being F A. No. 52 of 1948. This appeal was heard by a Division Branch of the said Court, (Murshed and Idris Ji), who, by their judgment dated 14-7-1960, allowed the appeal in part, holding that Char Ananda part III which was a Govt. Estate having reformed in the old site, the Gove......efendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the Pro..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
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