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Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....cution of a civil court decree. According to him, this bar continued even after the enactment of the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974. While referring to clause 2 (b) of section 3 of this Act he submitted that the repeal of Ordinance No.I of 1969 as a ..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ration and shall be deemed to have been appointed or engaged by the Corporation on the same terms and conditions as were applicable to them immediately before such repeal'. There is a proviso to this clause which says that ‘the Government or the Corporation may alter their remuneration or terms an..Category: Employment/Service Law | Date: | Hits: 97
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... The agreement was terminated during the accounting year, 1967. It was held by the Tribunal that this sum was received as remuneration in the normal course of the business as per clause 5 of the agreement date 31-12-60. 8. In a well-considered judgment the Income ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....amount advanced to the appellants according to the terms of the tripartite agreement could be viewed as loan reference may be made to the definition of the term ‘Loan’ provided in clause (t) of Article 2 of the Shilpa Rin Sangstha Order, 1972. It reads "Loan" inc..Category: Business or Commercial Law | Date: | Hits: 100
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....vernor is pleased to acquire, with effect from the 14th April, 1956, all lands in the khas possession of all rent-receivers situated in the district of ...other than the classes of lands coming under clauses (a) and (b) of subsection (2) of section 20 and other than such lands as have already been..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....or rejection of the plaint, his contentions, among others, being that the suit land was requisitioned under the provisions of the (Emergency) Requisition of Property Act, 1948 and that according to clause (d) of Rule 11 (quoted above) the suit is barred under section 14A of the aforesaid Act. ..Category: Property Law | Date: | Hits: 48
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
.... others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of 1908), section 148 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), section 96(1) (4), clause (b) of section 96(6). The Court may in its discretion exempt a transferee-pre-emptee, ..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....warrant which was issued by the subordinate of the Political Agent was challenged on the ground that he was not an officer appointed to exercise functions of the Political Agent within the meaning of clause (b) of section 3 40) of the General Clauses Act. The warrant was held to have been issued ill..Category: Information Technology Law | Date: | Hits: 226
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....s not relevant because the said decision was given on the basis of the interpretation of section 6 of the General Clauses Act but in the present case the court is called upon to interpret the savings clause of the Ordinance, It is true that when there is a savings clause in the amending law that pre..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....e that a later grant, if made without the consent of the owner of an earlier grant, and injuriously affecting his rights thereunder, is void as against him. A grant of a new market usually contains a clause to the effect that the market is not to be to the hurt of any neighbouring market, and such a..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ecreed. 4. On revision before the High Court Division the learned Judge took the view that the plaintiff accepted rent on earlier occasions beyond 7th day of the month, following and thus waived clause-I of the agreement dated 29.12.70. As such be could not be termed as a defaulter. Reliance wa..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....at the particular provision ought not to be construed as it would be alone and apart from he rest of the Act." And Lord Davey in Canada Sugar refining Co. vs. R. (1898) 4.C. 735 (74) said: "Every clause of a statute should be construed with reference to the context and the other clauses of the ..Category: Election Law | Date: | Hits: 154
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....be kept over plot No. 8 for access to plot No. 7 from the north, did not mention the 2 cubits wide strip of land to be allotted to defendant No 8, The defendant No, 8 accordingly applied to have that clause Inserted in the decree and to make it conform to the judgment. The Division Bench after revie..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....is case that he was a tenant of ex-rent receiver and he became a tenant under the Government and his only obligation is to pay rent. Clause (g) stipulates: "an arrear of rent payable under (clauses (e), (f) and (ff)) may, without prejudice to any other mode of recovery, be recoverable un..Category: Property Law | Date: | Hits: 37
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....de is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence falls within the ambit of clause (c) of section 195 (1) then cognizance can not be taken except on a complaint from the Court...Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....m Company in question has terminated the agency of M/S. Hajee Mohammad Ali and Sons by notice dated 21.1.72 to be effective forthwith. But in the notice dated 20.1.72 violation of any term of the clauses of paragraph 12 of the agreement has not been cited at all and as such the notice in quest..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....provides the procedure for rectification of shares register. Before 1939 Rules an appeal from the judgment of a court of first instance at the original side lay to the Division Bench by virtue of clause 37 under Letter Patent of 1865 which conferred upon the High Court the Rule making power. S..Category: Company Law | Date: | Hits: 195
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....e and act upon it, the party get the desired object. But if thereafter the stamps is stolen and used by any other person then it would only bring that person within the mischief of sub-clause (3) of section 12 of the Stamp Act. The words "so that it cannot be used again" occ..Category: Business or Commercial Law | Date: | Hits: 113