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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....wn that every appeal under clause 15 of the Letters Patent shall be presented to the Deputy Registrar within 60 days from the date of the judgment appealed from, unless the Court in its discretion on good cause shown shall grant further time. No time limit is however prescribed for filing applicatio......ce in the contentions of Mr. Moinul Huq. 8. Having regard to the facts and my discussions above, I find no reason to entertain the application for leave when the appeal itself is, on the face of record clearly time barred. To entertain such an application would be to condone the willful laches ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......unts" is altogether different from counting of ballet papers. 5. The object of appointing a Pleader Commissioner under the Code is to get elucidation of some points appearing in evidence on records of a case and the Pleader Commissioner is merely to assist the court in such a matter. But a......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... ground for rejecting the account and taking recourse to the proviso of section 13 of the Income Tax Act. The assessee in that case, a private limited company derived income from dealing in goods like paper board, glass and also from running photo offset and printing press which included p......ed and could not be traced out. The learned Advocate appearing for the Commissioner supplied a plain copy of the reply which had been duly served upon the applicant, and the same has been kept on the record. 3. The facts in short, which led to the filing of the application, are like this. The a...... 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
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....y, namely, an appeal against the order of dismissal of the application under Order 9 rule 13 of the Code. This contention of the petitioners must be upheld. However, we feel that there were good grounds for restoration of the said Misc. Case under Order 9 rule 13 as backed by the......ixed on 10. 6. 67 but on that date the defendant did not take any step, but it appears that the plaintiff filed an application for one month's time enabling him to produce witnesses and the Court recorded the following order: “Petitioners filed no hazira. Opposite party files a petiti......de of Civil Procedure. The application is undoubtedly misconceived. Order 9 rule 4 of Civil Procedure Code provides for the plaintiff to bring a fresh suit which is dismissed either for non-service of summons in consequence of plaintiff failure to pay cost or for non-appearance of both the..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....disqualified there is no reason why no express mention could be made about him in the article itself. It may be seen that the article, opens with the words "under contract for work to be done or goods, to be supplied to." The legislature had the idea of contract before it while inserting t......ribunal, Patiya, Chittagong has been challenged on two grounds, namely, first, the Election Tribunal committed a serious illegality in declaring the entire election void when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Seco......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....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 ......f the absence from duty- (a) if he is honourably acquitted, the full pay to which he would have been entitled if he had not been dismissed, removed or suspended and, by an order to be separately recorded, any allowance of which he was in receipt prior to his dismissal, removal or suspension, or......ed which shall govern both the revision cases. In Civil Revision No. 1423 of 1970 one Bacha Mia who is the petitioner was a railway guard under the Pakistan Eastern Railway and he was discharged from service by an order of the Chief traffic Manager, P.E. Railway on 21-4-53. Bacha Mia filed other Sui..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......e industry M/S. Moin & Co. and the industry premises itself at 150, Nawabpur Road, may be dropped from the list of Abandoned Properties and possession restored to the owners. The entire case record (10 sheets in all) is sent herewith for favour of Govt. Clearance in the matter of release of......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... 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. ......hearing of temporary injunction matter Court noted that the copy of the petition was served and no objection was raised. 31.12.73 was fixed for hearing of the injunction matter. On 31.12.73 the court recorded the following order." Defendant No. 1 filed written objection. Copy of N/O served. Let......ten objection against the prayer of injunction as well as the audited balance-sheet by 30.12.73 and tried to serve them on the plaintiff Mr. Ahmedur Rahman on that day but failed. Because of this non-service the injunction matter was not heard by the court on 31.12.73 and the case was adjourned. The..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ...... He also submitted that since facts relating to disturbance are disputed the matter can be decided only by the Appropriate Tribunal after taking into consideration evidence and all other materials on record. Had it been the mere assertion of the petitioner in his affidavit that there was disturbance......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......d not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. Evidence of such witnesses should be considered in the light of all circumstances on record and a court may accept that portion of the evidence which gets support from other reliable ev......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
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....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 ......her hand, Max well, 9th Ed. at page 221, says inter alia that when some object of public policy is in view, the word receives its natural full force and effect. The preamble of the Presidential Order records, that due to the reign of terror of the Pakistan Occupation Army, people were not able to go......r has it been used in any uniform sense in the Code itself. To illustrate, take the case of ex parte decree. It means that the defendant or the respondent was served with the notice and he, after the service of notice, has failed to appear in court, and in terms of relevant rule the matter was set d..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....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 ......tions, one of which was P.T.I. Maizdi polling station for Ward No.1. It has been alleged in the petition that a total number of 2511 ballot papers were found in the ballot boxes where as the official record maintained at the polling station showed that the Presiding Officer had actually issued only ......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)
....of this nature the plaintiff is entitled to put his own valuation. He submits that the Tea Estate as well as the Bank account are concrete properties whether movable or immovable and as such there is good objective standard to value the suit. He has referred to the decision in the case of Kumudini W......equential relief and the Court below was wrong to hold otherwise. For the reasons we set aside the order of the Court below and make the rule absolute without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This......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)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....ate, inspire of the Order of requisition made in respect of certain land, that such requisition could be defeated by him raising certain construction on the said land. He is not expected to spend his good money upon much land on the basis of some speculation for which there appears to be no conceiva......ere was not valid service of the requisition notice and that the demolition of the structure was unauthorized. On this question, the learned Subordinate Judge, upon a consideration of the evidence on record, has come to the finding that the requisitioned land was an ejmali property of the plaintiff,......half of the defendants that the suit was barred by the principle of res judicata. The learned Subordinate Judge has taken a view that the main question to be decided in the suit was whether there was service of the requisition notice and whether the plaintiff had knowledge of the requisition and tha..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)
.... is the 4th and the last partner of the plaintiff company. He has stated that before starting the business he had talk with P.W.1 who told him that P.W. 4 had just to pay a sum of money and would get good return from the biri business. He has also admitted that he did not enquire about the liabiliti......ing an eve on the fact that the firm was created to avoid the legal claim of the defendant, and lastly, that on the facts and circumstances of the case and after correctly approaching the evidence on record the Court below ought to have held that the plaintiff company was started with the capital of......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
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....nd 5 that they had seen the accused persons assaulting the deceased Hasan Ali Chowkidar. Of the three accused, Kasem Dewan was suspected from the very beginning as appears in the F.I.R. and there was good reason for the suspicions as his interests were affected by the pan carrying business of the de......der of conviction on a number of grounds. He has said that the appellants were implicated after the First Information Report was lodged, and that on the evidence and circumstances as available on the record, the learned Sessions Judge ought to have acquitted the accused since the prosecution failed ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3