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Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......s. Kamlapath AIR 1957 Md. 201, relied by the appellant, it was held that the court at the place where the revocation of a contract was communicated would have the jurisdiction to try the suit. In Indian Pottery Works Vs. Dominion of India 66 CWN 29 it was held that in a case of breach of contr..Category: Business or Commercial Law | Date: | Hits: 124
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......w that an area of 61.97 acres of land of a number of CS plots, including the disputed CS plot Nos. 34 and 42 of mouza Tejkunipara, PS Tejgaon, District Dhaka was acquired by the Central Government of India under Rule 75A (2) of the Defence of India Rules, by a Notification dated 10.7.46 published in..
Category: Property Law | Date: | Hits: 68
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ge Vs. The Queen (1966] 1 All ER 650; Societe United Docks and others Vs. Government of Mauritius [1985]1 All ER 864; Hinds and others Vs. The Queen (1976) 1 All ER 353; SP Sampath Kumar Vs. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh Vs. Abdur..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......n that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai Khan 38 CWN 285 pointed out that for adverse possession the possession requi..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......as an admission that the executant had no interest in the property. 8. After considering aforementioned cases Thayil Manno and another Vs. Kottiath Ramunni and others, AIR 1966 (SC) 337 the Indian Supreme Court held that those cases do not lay down a proposition of universal application t..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......leged that the decree passed in Title Suit No. 35 of 1971 was obtained fraudulently by suppressing all processes etc. Defendant Nos. 4‑6 left the country long ago and in had been residing in India permanently and they did not enter into any agreement with defendant No. 1. Defendant No. 1 c..Category: Property Law | Date: | Hits: 58
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ning words of the said section‑ "Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division" is sufficient to repel such a contention. In Emperor Vs. Nazir Ahmed AIR 1945 Privy Council 18 the true import of the section has been stated to...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ow. & Ry. 622; Janardhan Reddy vs. State of Hyderabad, AIR (38) 1951 SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 (Vol 54) Calcutta 723; Nazir Ahmed vs. King Emperor AIR 1936 PC 253. Lawyers Involved: Amirul Islam, Senior Advocate, ins......s awarded the second highest gallantry award, Bir Uttam, not awarded to any civilian so far. After the assassination of Sheikh Mujibur Rahman on 15th August, 1975 he left the country and stayed in India. The detenu came back to Bangladesh on 16th December, 1990 and contested in the parliamentary..Category: Constitutional Law | Date: | Hits: 365
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......hellip;.Respondents Judgment May 3, 1976. Cases referred to: H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128; Matajagdobey Vs. H. C. Bhari, P.L.D. 1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs...Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayan......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
.... The State ……...Respondent. Judgment Nov. 20, 1975. Cases Referred to: Shaikh Abdul Gaffar Vs. Downing Jwala Prasad (A.I.R. 1926 Patna 465), Mosaher Dome Vs. Emperor (A.I.R. 1940 Patna 14); Queen empress Vs. Wazir Jan (10 Allahabad 146); Empress of India Vs......eferred to: Shaikh Abdul Gaffar Vs. Downing Jwala Prasad (A.I.R. 1926 Patna 465), Mosaher Dome Vs. Emperor (A.I.R. 1940 Patna 14); Queen empress Vs. Wazir Jan (10 Allahabad 146); Empress of India Vs. Ajudhia (2 Allahabad (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emp..Category: Criminal Law | Date: | Hits: 74
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......ellip;....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......ch a method of accounting, to consider whether the income, profits and gains can properly be deduced therefrom and to proceed according to his judgment on this question." 17. The Supreme Court of India has similarly held in the case of Commissioner of Income-tax Vs. M/s McMillan & Co., 1958-..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ...... Present: B. Mahmud Hussain C. J. Ahsanuddin Chowdhury, J. Kemaluddin Hossain J. D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....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. ......ca met the Acting President Syed Nazrul Islam and pledged their loyalty and allegiance to the Government of the People's Republic of Bangladesh. 2. The four shareholders originally migrated from India and domiciled in the then East Pakistan and are permanent residents and citizens of Bangladesh..Category: Business or Commercial Law | Date: | Hits: 129
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. ......ile title and claimed adverse possession. According to plaint, it was a case precisely under Article 144 and not under Article 142. The defendant on the other hand, pleaded that he was a refugee from India and having found the displaced premises vacant he entered into the suit premises, although he ..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. ......spect of a go down under requisition and that other defendants have been impleaded as they claim some interest in the disputed properties. After the institution of the suit, hostilities between India and Pakistan broke out on the 6th September, 1965 and the Emergency Laws came into force. ..Category: Property Law | Date: | Hits: 93
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....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. ......nkerton propounded the proposition as follows: "Before dealing with the particular grounds of appeal, their Lordships consider it desirable to make some general observations as to Indian Income Tax law, which may clear away a certain confusion of thought which would appear ..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. ...... Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal. 61; Viswas Balwant Davarc Vs. Bala Chandra Ganesh Thakur, reported in A.I.R. 1931 Bom 539; The Governor General of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 Cal. 462. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron Steel Co. Ltd., Vs. Chief Revenue Authority, Bombay, 50 Indian Appeals 212; Commissioner of Income-Tax Vs. Arunachalm Chettiar, 1953 (23) I.T.R. 180; Sri M..Category: Fiscal/Taxation Law | Date: | Hits: 126
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