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Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....hy;te fixed right of present or future possession of.” 15. Whether, even if it is established that such vesting has made the Government full owner of the property, the appellant-decree-holder in the instant case can execute a previous decree which was inexecutable at the time it...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....ction under section 47 of the Code of Civil Procedure on the ground that the decree was not executable because neither the award nor the decree did calculate the total outstanding due to the decree-holder. 2. After withdrawing the execution case the appellant filed Miscellaneous cast No. 8......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....se the appellant attempted to enforce a contractual right on the ground that the appellant had spent a considerable amount of money for making the load bus-worthy on the understanding no other permit-holder would be introduced In that road. The Court refused to grant writ on the short ground that th......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......0/-. Out of this amount BSRS will pay Tk. 70, 00, 000/- only by establishment of an irrevocable letter of credit and the balance Tk. 25.75, 000/-only will be paid by them through a crossed cheque on a scheduled bank. The builder shall never increase the price of the coasters f..Category: Business or Commercial Law | Date: | Hits: 100
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... Director and appointing M/S. S.F. Ahmed & Co., Chartered Accountants as auditors of the Company. This meeting was not attended by the appellant. Litigations ensued between the two groups of share-holders. 4. On 17th April 1985 respondents moved the application under section 79(3) read with se...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....he Crown to grant franchise of market, and in this connection a number of principles laid down in decisions has been mentioned: "741. Limitation of power. The essence of a franchise is that the holder has a monopoly of market, the justification for which is that the existence of the market i......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....tted by "a party to that proceeding". These two all-important ingredients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certai...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....lication they also prayed for rectification of the share register under section 38 of the Act. 3. The company was incorporated in 1953 and father of the respondent M. A. Jalil was one of the share-holders who died on 1.10.73. His uncle Md. Yusufuddin Mia who was also share-holder in the company d...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
.... respondent as Managing Director of the firm applied to the Deputy Commissioner and Assistant Custodian of Enemy Property. Barisal for withdrawal of the Administrator on the ground that all the share-holders of the firm were Pakistani citizens but the application was rejected on 14-2-70 and the resp......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......amdar of the three-fourths share in the said villages I, give you this notice that if you are desirous of purchasing the said villages for the sum-aforesaid you will be good enough to send me a cheque for the amount, viz Rs. 29,999-, by return of post and in the event of your not replying to..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....wly inserted section 81-A of the State Acquisition and Tenancy Act provides as follows:— "81A. (1) Except as otherwise provided ill this part, the right and liabilities of a holder of non-agricultural land, who has become a tenant under the Provincial Government in....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... 8(2) of the Petroleum Act of 1974 and that Bangladesh Petroleum Corporation virtually being the only member it cannot hold any meeting with the appellant who is an employee and a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application un&sh......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....ntention is that a decree cannot be enforced before it sees the light of the day. Decree cannot be prepared unless the required stamped-paper is supplied. But there is no law under which the decree-holder is bound to supply the stamped paper within a particular time for drawing up the decree. It......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....rovision of law came up for consideration of this Division in the two cases referred to above. In both these cases there were defects of parties by omission of certain co-sharers of contiguous land holders, but in the former case the defect of parties was held to be not fatal to the proceeding, w......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....any commercial or industrial enterprise bank, firm, tea estate or any other enterprise owned by or vested in the Government or any corporation or local authority. (c) “Physician”, means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of disease......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....n by order under clause (1) of Article 10 on the dated on which it is so placed; and subject to the provisions of clause (2) the Government shall as from such commencement or date be the sole shareholder in, or owner of, such industrial enterprise." 16. The affairs of the unit or enterpri......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....h November, 1919. On December 2, 1919 the judgment-debtor applied to the Court for permission .to deposit the decretal amount. The Court permitted this to be done subject to objection by the decree-holder opposite party. The Court ultimately dismissed the application on accepting the objection rai......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....sement right over the passing of water through a drain between the respondents and appellants. The suit was decreed on compromise between the parties concerned on 26th March, 1964. The decree-holder-respondents instituted an Execution case which was dismissed for default on 26th June, ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....tion for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plots ou......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ibunal was justified in its decision that dividend income from a company whose profit is exempt from tax under section 15-BB of the Income Tax Act is exempt from tax in the hands of the shareholders under same section.” The connected appeals, Civil Appeal Nos. 131 and 13......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
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