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Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....96 of 1966). Judgment Kemaluddin Hossain J.— Guru Das Saha, the appellant of Civil Appeal No. 61-D of 1970 claimed to be a citizen of Pakistan and a Managing Partner of a partnership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....nt. Civil Appeal No.74 of 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemaluddin Hossain J. - The second party in an arbitration proceeding is the appellant. Facts giving rise to this appeal brie......in his desk, and nothing further was done in the way of a formal execution of it. Both parties for some time acted in accordance with the arrangements mentioned in the papers, coals were supplied and payments made as therein stated, and when some complaints of inexactness in the supply of coal accor......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....ow cause notice upon him which has not been done in the present case. Fifthly, no reasons appears from the impugned order of withdrawal why the lands in question are being withdrawn from acquisition, particularly when no objection was made against the order of requisition or no appeal was preferred ......r on 16.9.71 which was registered on 28. 9. 71. The authority also executed similar deeds of lease with other allottees. After the acquisition of the land in question in 1970 as mentioned above final payment of compensation money has been made to almost all the awardees. Out of total compensation mo......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....he plaintiffs, they were informed that defendants had cancelled the contract by a letter dated 20. 7. 55. The plaintiffs, denied the receipt of this letter, and imputed breach of contract on the part of defendants. They therefore filed the suit claiming damages, the difference between the cont......containing 400 bags, at the rate of Rs. 85/-per 100 bags inclusive of taxes. Under the contract, the defendants were to ship the goods in August, 1955 at the Karachi address of the plaintiffs, and payment was to be made on production of the bill of lading. The defendants failed to ship the goo......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....nt year 1970-71 (accounting year 1969- 70) by the Income Tax Officer, Dacca Circle A in G. I. R. No. 15-16/A(I) by his order dated January 24, 1972. The assessee derived income from dealing in launch parts and plying of motor launches. The Income Tax officer determined the income from the dealing in......fits and gains of a business which are generally referred to as the "cash basis" and the "mercantile", basis. According to the former a record is kept of actual receipt and actual payments, entries being made only when money is actually collected or disbursed, and if the profit o...... 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
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
.... J Bacha Meah………………………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration……………Petition......ng the order of removal. The suit was decreed. The petitioner preferred an appeal in the High Court which was dismissed on 6-3-63. The opposite-party was allowed to resume his duty on 29-4-63 without payment of his arrear salary for the period of his absence. The opposite-party's prayer for arre......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)
....72: According to him there was no decision by the Board of Directors about the placing of the audited balance-sheet on 31-12-73 and then he has stated that he objected to this, decision and was not a party to it and the decision was ultra vires and illegal. The injunction that he obtained in the sui......ight to thoroughly scrutinize the account which has been denied to the objector and other share-holders illegally. He has also alleged other irregularities on the part of the petitioners, namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has no...... 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)
....he State………………….Respondent Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence......ication of sentence the appeal is dismissed. 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
....Pakistan as well as by the contractor, Defendant No. 2, by filing separate written statements.
4. Defendant No. 2 stated in his written statement that the suit was not maintainable for defect of parties inasmuch as M/s. Abdul Mutalib and sons was not a proprietary concern of Defendant No. 2, bu...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....al policy of the Government in this regard, first preference will be given to the workers' co-operative societies desirous of acquiring such industrial units. In other words if the employees of a particular industrial unit form co-operative society with at least 80% of the employees as members o......ing purchasers mere expression of some intention did not, therefore, create any legal right or any right whatsoever in the petitioner to get transfers of these industries in their name in exchange of payment of price whether partially or in full. Mr. Malek, the learned Advocate for the Sena Kalyan S......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....f two Awards dated 19. 6. 68 and 15. 8. 68 respectively passed by an Arbitrator in London. 3. These applications were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were no......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
.... the rival claimants are the plaintiffs and the co-plaintiffs who have been subsequently added as such on the one hand, and defendant No.1, which was originally Province of Bengal, subsequently after partition of the country was province of East Bengal, and now after the liberation of the country, B......iff. It is only in exceptional circumstances that there can be a decree in favor of a defendant. As for instances in a suit for money, a defendant may be allowed to put in a claim according to law on payment of Court fees, by a way of set off or in a suit for partition, a defendant may make a prayer......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....to auction sale but, we are, in this revisional case, concerned with this case. During the pendency of this case, the liberation war started, and on 15.5.71, the date fixed for decree-holder opposite party to file objection, the case was dismissed for default for the non-appearance of the judgment-d......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 ......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
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
.... on the face of the figures entered in the said form. 5. The main question which arises for consideration in this case is whether, out of the 2511 ballot papers found in the ballot boxes at that particulars polling station, 130 or any other number of ballot papers are unauthorized and spurious.......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
.... A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Re......operties in any manner and also from withdrawing any amount from the A/C of the plaintiff's Tea Estate lying with defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substanc......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....atna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant. U.K. Abdul Hye, Advocate—For the Respondent No.1. Ex-parte—Respondents Nos. 2-10. Civil Appeal No. 8-D of 1971. (On appeal from the Judgment......n so doing, it has acted without jurisdiction. A clear case was made on before it that Azim entered into an agreement of purchase with Uttama Devi while he was a tenant in possession and he made part payment of the consideration money. In part, performance of the contract he continued in possession.......R 81, it held against it. 13. In Joy Chand’s case a question under s. 36 of the Bengal Money Lenders Act (Act X of 1940) case before a "Subordinate Judge and it turned on the character of the loan as to whether it was a Commercial loan within the meaning of the Act. The learned Subordinate J..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....other and delivery of possession of the requisitioned land was taken on 5.2.57 after due demarcation. Thereafter the plaintiff hastily started some construction on the requisitioned land in the early part of September 1957. The plaintiff was therefore directed by defendant No. 2 by his memo dated 7.......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....iled a money suit against the erstwhile Province of East Bengal. In the plaint filed by the plaintiff respondent it was alleged, inter alia that the plaintiff M/s. Lucky Biri Company was a registered partnership firm under the Indian Partnership Act, carrying on business at 6, Ram Prosad Shah Lane, ......l Officer, Nilphamari by his order wrongfully and illegally withheld the biris and subsequently the said Sub-Divisional Officer permitted the consignee M. Kudrutullah to take delivery of the biris on payment of the value of the said railway Receipt in Pakistan currency. The said M. Kudrutullah depos......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
....section. The learned Subordinate Judge has held that although no auction was held on 14.9.54, as notified in the notice Ext.4, on account of the postponement of the sale for the best interests of the parties and the sale was ultimately held on 1.10.54, there was no necessity of a fresh notice as the......Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and with......ncial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdiction and also for recovery of a sum o..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....ellants had no knowledge of the disposal of the Rule. The learned counsel accordingly submitted that the delay in filling the petition for special leave to appeal was not due to any latches on the part of the appellants for which they may not be made to suffer. 6. Having gone through the a......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. ......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
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