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Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
.... of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. 4. The case......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....servations do not appear to have any relevance in relation to the facts and circumstances and the law under consideration. 12. The question relating to the release of requisitioned land, it is not disputed, falls within the administrative function of the requisitioning authority and if the said......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....tation Act. 9. Thus the above contentions revolve round the question whether the second proviso to paragraph 7 of the Fourth Schedule of the Constitution is mandatory or directory. It could not be disputed that, in genera), the provisions in a Constitution should be regarded as mandatory where ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....ant Haji Abdur Rahman for a sum of Rs. 700/- subject to the contract for reconveyance, reciting further therein that he received from Shahar Ali a sum of Rs. 1300/- only. 3. It was not disputed by the defendant Haji Abdur Rahman, as it could not be, that by the Kabala in favour of Sh......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....reunder otherwise an order of attachment made without one or other of these findings is without jurisdiction." 9. In the instant case, the learned Magistrate attached the disputed land on 16.11.67 under sub-section (1) of Section 146 of the Code in pursuance of directio...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ed that it might be that Habi Durani brought his children in the house of Yasin to save him from the consequence of murder by their false evidence. 14. The manner of occurrence has also been disputed. The story of serving tobacco by Maleka to the prisoner not only seems to be unusual, it f......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....nce of at least two witnesses. This formality is called talab-i-ishhad—demand with invocation of witnesses. 8. In the instant case, according to the plaint case, the disputed sale was completed by registration of the kabala Exhibit B on 12-10-57 corresponding to 25...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....he High Court Division was well founded in law in holding that the suit was not maintainable without declaration of the plaintiffs' title to the suit land as they were out of possession. It is not disputed that Mungro Mali was the original owner in possession of the suit land and that he ex......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....on for pre-emption the record of right was changed in the name of Sakina Bai. As a result of the mutation so effected by the respondents the appellants ceased to have any subsisting interest in the disputed land. Had this mutation been effected with a notice to the appellants, it might be argued ...... Tenancy Act. 16. Now, turning to the second contention it appears that the learned Judges of the High Court Division had, in relying upon exhibits F & G, dakhila and a certified copy of khatian respectively, came to the conclusion that the appellants ceased to have any subsisting..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... Aman Co-operative Housing Society Ltd.; admittedly the plaintiffs purchased it from proforma-defendant No.3, a member of the Society, who got the land in allotment from the Society. It is not disputed that the land under allotment to proforma-defendant No. 3 was sold to the plaintiffs with......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....tion 26(F) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he i......urchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 w..Category: Property Law | Date: | Hits: 48
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....e father. It has been further stated that the appointment was made in accordance with the direction given by his father in presence of all his heirs, and since then he had been functioning as the undisputed 'Sajjadanashin' of the Darbarsharif. The plaintiff also stated that the lands described i......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....ereafter numerous reminders were issued for the outstanding arrear e.g. dated 6.8.70 19.2.71. Mr. Assault Hossain who had been given the opportunity of going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that hi......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....arers had lost their interest in the land in question by transfer or otherwise and that the High Court Division illegally shifted the burden of proof upon the pre-emptee in this respect. It is not disputed that the left-out Persons are co-sharers by in-heritance. But there is no evidence whateve......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......trict filed an application for being added as a party in order to oppose the grant of the probate taking the ground that the testator had no title to the land but his name was wrongly recorded in the khatian. The application was rejected as the Deputy Commissioner was not found to have got any "inte..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... is pleased to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 16. Referring to his ability as a reputed doctor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot b......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....s or description of the office held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and the operative part of the order describes him as such and the designation of Chief Mart......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ctions became void ab initio, and consequently production of a certificate from the appropriate authority concerned was no longer necessary, and as such, the disputed sale deed was validly registered. 7. High Court's' judgment is founded prac......he sale .deed the plaintiffs instituted the suit. The sale-deed shows that the lands of the plaintiffs numbering as many as 22, having no community of interest, and lands appertaining to different khatians under different mouzas, were transferred by one document. Normally registration of such tr..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....ection 145 denied any apprehension of breach of the peace from their side, but the learned Magistrate (one Mr. Kazi Farid Ahmed) nevertheless, pursued the papers of both the parties relating to the disputed land and by an order dated 16 October 1978 asked the second party to execute a bond with s......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
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