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....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ...... short question as to the true construction of Martial Law Regulation No.48(iii) of 1958 is involved. Facts giving rise to this appeal may be set out as follows:
2. The Respondent migrated from India to Pakistan in 1948 and purchased a Tea Estate, known as "Khan Tea Estate" in Sylhet. He was a..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......5. Kunjabehari Chakrabarty vs. Krishnadhone Majumdar AIR 1940 Calcutta, 489 (44 C.W.IV. 912). Durgagati Banerjee and others Vs. Taharulla Mia 44 C.W.N. 849. Nemchand Tantia vs. Kishinchand Chellaram (India) Ltd. AIR 1959, Calcutta 776. Atual Chandra Sarcar Vs. East Bengal Commercial Bank Ltd. and an..Category: Property Law | Date: | Hits: 38
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs ..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......'s Office. 70. Taking reference therefrom, the learned Counsel seriously challenges the efficacy of the appointment. Thereafter, placing the election laws of various countries including India and Pakistan Dr Hossain submits that there are provisions of annual revisions of Electoral R..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......; PLD 1963 Dhaka 669 Md. Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-General of Al..Category: Constitutional Law | Date: | Hits: 1934
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......r of the plaintiff who was never the real purchaser but he fraudulently put up this claim to grab the property taking advantage of the absence of the original owners and their heirs who migrated to India before 1965. The suit land being enemy property was rightly treated as such and the Vested Pro..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......stered instrument. …………(14 & 15) Cases Referred to- Malik Din v. Mohammad Aslam, 21 DLR SC 94, Tepu Khan v. Rajani Mohan Das, 2 CWN, 501; Govinda Narayan Singh v. Shamlal Singh, 58 Indian Appeals, 125; Maharaja Sir Kesho Prosad Singh v. Bahuria Mt. Bhagjogna Kuer and others, AIR 1..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......uncil in "Robert Watson & Co. v. Ram Chand Dutta and others" on which the learned Single Judge has also relied in the instant case. 8. This case of Robert Watson & Co. has been also reported in 17 Indian Appeals, 110. It is a decision of the Privy Council upon an appeal from the decision of the C..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......r that while the Act governs the former it has no concern with the latter. The Rajasthan High Court cited Fredrick Peacock who in his well known treatise on the law relating to Easements in British India (page 203) pointed out the real distinction between the two rights. It says: "Customary ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......l. Hence the jurisdiction of the High Court Division should not be available under Article 102 for seeking relief at the intermediate stage of the Election. 26. Mr. Pal referred to the decision of Indian Supreme Court in the Case of Ponnuswami Vs. Returning Officer AIR 1952 (SC) 64. In that cas..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......dhra Pradesh Public Service Commission, AIR 1963, SC 268; State of Madhya Pradesh Vs. Mandawar, AIR 1954, SC 493; Jibendra Kishore Vs. Prov. of East Pakistan, 9 DLR SC 21; Charanjit Lai. Vs. Union of India, AIR 1951 SC 41; Lachhman Das. Vs. The State of Punjab, AIR 1963, SC 22; The State of Bombay V..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......f the suit holding. Thereafter somebody demanded rent as representative of the heirs of late Mr. Zakir Hossain, Ex-Governor of the then East Pakistan on the plea that they exchanged their property in India with the owner of the suit holding by exchange deed in 1949. Defendant's further case is that ..Category: Others | Date: | Hits: 96
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ompany by October, 1976." 8. So far as the rate of interest up to the date of filing the suit was concerned, the High Court Division relying on the case of Maridas Ramhordas vs. Mercantile Bank of India Limited, 447 ILR Bom 474 held that the rate of interest which was charged by the Bank was appl..Category: Civil Law | Date: | Hits: 110
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ip;…………….(22) Cases Referred to- Md. Isha Khan Vs. Md. Jahan Khan, 1968 SC M.R. 1313; Jugadish Vs. Kausillah Devi, AIR 1947 All 317 10; Emperor Vs. Lilaram and others, Crl. L.J. page 228; Purnendu Kumar Das Vs. Hiran Kumar Das, 21 D.L....... a trade or felony or compromise of an offence which is not compoundable in law and that an agreement to that effect is void. As proposition of law it is not disputed but the Supreme Court of India 1965 (SC) page 166 in the case of Ouseph Poulo Vs. Catholic Union Bank observed: ..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... The trial court in its judgment mentioned that the defendant Government in its written statement took the plea that since Gouri left no heir, the suit property is escheated to the Government. In India Hindu Succession Act, 1956 has been passed and section 29 deals with the properties when..Category: Property Law | Date: | Hits: 112
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... contents of a plaint as contained in the Code of Civil Procedure have not been, complied with, vide, Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. It is true that in India express provisions for making counter-claim have been inserted as rule 6A, Order VIII in the ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ust; the business of launch playing in this case being directly held and owned by the Trust is outside the ambit of the proviso. In support of this contention, he has referred to a decision of the Indian Supreme Court in Commissioner of Income tax vs. P. Krishna Warrior, ITR Vol. LIII—167 ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. .......S. By this will the entire property of the testator was bequeathed to the appellant who is husband of Indu Prova, grand-daughter of the testator through his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attac..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......ion can take cognizance of disobedience but a transferee court cannot do so as such power has not been conferred by law. The learned Counsel placed before us the amendment that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure (Amendment) Act of 1976 and sub-rul..Category: Others | Date: | Hits: 93
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