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Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... were impleaded only to meet the objection raised on behalf of the opposite party and that nothing had been proved on the side of the opposite parties that the said persons had any interest in the disputed lands or in the contiguous lands. 7. The High Court of Dacca was moved against the..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....ce. It is a question of fact and will be determined on the facts of each case, and no hard and fast rule can be prescribed. If the ballot papers produced are sufficient to adjudicate the disputed claims between the rival candidates, the Tribunal can proceed to decide the issue between ..Category: Others | Date: | Hits: 101
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ended to be included in the Kot-mortgage. This case of the plaintiff gets support from the findings of their Lordships of the erstwhile Supreme Court as quoted above. 8. It cannot, therefore, be disputed that the learned Judges of the High Court correctly interpreted the order of remand that vi..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
..... One of the basic principle underlying the judicial procedures followed in this country is the conclusiveness of the final decision of a Court in a suit or other judicial proceeding relating to a disputed question of right so far as the parties to the said suit or proceeding are concerned subje..Category: Property Law | Date: | Hits: 61
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... down by the Supreme Court of India set' out above. That the appellant as an Assistant Registrar of Co-Operative Societies, Chittagong was an officer of the Government cannot and has not been disputed, and so he is a public servant under section 21 of the Penal Code. 10. A reference ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss of a very valuable property belonging to the company in consequence of the disputed auction sale. Reliance has been placed by the learned Counsel on this point on certain ob..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ithout any title, and that the Government as lessor had the authority to cancel the lease in terms of clause 16(1) of the lease deed. The maintainability of writ petition on the ground that a disputed question of title is involved was also set up. 4. The learned Judges of the High Co..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....re such commission is to be executed, makes an order issuing a commission, such an order can be said to have been made without’ exercising proper judicial discretion. 15. It cannot be disputed that under the law as contained in the Code of Civil Procedure a Court in Bang..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....e petitioner. On a Second Appeal to the High Court the learned Single Judge who heard the appeal dismissed the Second Appeal summarily relying upon the concurrent finding of the Courts below that the disputed land had been correctly described in the execution petition and was also sufficiently ide..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... 2. The predecessor-in-interest of the appellants along with respondent No, 13 brought the suit for recovery of possession of a property on a declaration of their title thereto. The disputed property belonged to one Ramchandra Malla, who died several years ago, leaving behind a wi..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ition as of reclassification of the definition clause. 'Excisable article' before the amendment of 1937, is now reclassified as 'intoxicant.' The change, if at all, is one of terminology. It is not disputed that the earlier Rules framed in 1936 is applicable to the respondents. By mere reclassific..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....he Election Tribunal by its judgment overruled the objection of the appellant and others as to the maintainability of the petition in respect of the election of all the candidates in the disputed centre and declared that the election of Ward No. 3 of the said Union Parishad was complet..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....sed Trade Union and had been actively representing the cause of the workers of the Company, it was not, according to the strict provision of the Act, a. recognised Trade Union at the time when the disputed settlement was made. No other recognised Trade Union having been shown to have been i..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... main town itself with factories, new houses, roads, light etc ......." 45. The appellants in their affidavits-in-reply filed before the High Court do not appear to have seriously disputed the correctness of the aforesaid statements made by the Government of East Pakistan as..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....the subject. No doubt, some help could be obtained from section 42 of the Specific Relief Act. A legal character could be claimed and declaration obtained from Court under this section. It cannot be disputed that where a writ lies for a declaration of nullity a suit under section 42 of the Specific..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....wn Improvement Act and the Land Acquisition Act. He says, in support of his contention that in the present case no tribunal has been constituted under the Act, either to arbitrate or adjudicate the disputed compensation payable for the properties acquired under s. 93A. He further says, s. 9..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... conflicting views. On the other hand, the learned Attorney-General in course of his argument placed strong reliance on this decision saying that the principle laid down therein can hardly be disputed. It is thus necessary to consider whether the case before us has been rightly decided on t..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ted ground of total absence of jurisdiction or malice in law and that not in a case where the consolidated sheet of the election result has been challenged, adjudication hereof needs to decide the disputed question of fact which is the exclusive jurisdiction of the election tribunal. &nbs..Category: Election Law | Date: | Hits: 124
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....he seized goods were the same goods as were sold in auction and further as to whether the goods were seized at a place near the Sundarban Hotel or at a place near the graveyard in Swamibagh are all disputed questions of fact. We find that the High Court Division decided the issues in a slip shod ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....to improve his case by stages, first to meet the defendant’s objection of mentioning plot No.936 and then to fit in with the report of the advocate commissioner as to the area, covered by the disputed structures of the defendant and finally, to bring a new case that he, in fact, purchased ..Category: Property Law | Date: | Hits: 58