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Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... the present case the beneficiaries do not include the heirs of the daughters of the wakif. Mr. Pal's contention does not stand. 20. We now turn to the merits of the appeal. It is not disputed that the wakf of late Kemaluddin Sardar is a mixed wakf, partly dedicated to the charitabl......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....been exercised by the learned Judges or an entirely extraneous consideration and as such it is manifest that the order was not lawfully passed. 6. Learned Attorney-General has not seriously disputed the contention of the learned Advocate appearing on behalf of the appellant but has submit......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ed by the learned Counsel that the first part of the prayer (b) having been made for a decree seeking to restrain the defendants permanently from enforcing the requisition and or acquisition of the disputed land, the case is clearly within the mischief of the bar contained in section 93C of the ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
.... this remuneration was to be paid partly in consideration of the services in looking after the immovable properties of the managed company, such as the go-downs situated in Pakistan. It is not disputed on behalf of the Revenue, that most of these properties were requisitioned by the relevant......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....p; land. The defence denied the allegations and their case was that Shahjahan Mia - possessed the land and the paddy which was cut and taken away by the accused-petitioners was grown by them in the disputed land which belongs to them and that they were falsely implicated in this case out of grud......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ment from selling the assets of the Company. On consideration of the affidavits filed by parties, the High Court Division upheld the contention of the respondent No. 1. 4. The facts stated are not disputed. The only question that requires consideration is whether the Company is an "abandoned prop......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....arty to the suit and the question raised were not questions in regard to the execution, discharge or satisfaction of a decree, section 47 had therefore no application. 13. It can hardly be disputed that the order of preemption under execution is not a decree. It cannot also be denied tha......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
..... 3. The suit was contested by the defendant who, by filing a written statement, denied the material allegations made in the plaint and asserted that he had been in forcible occupation of the disputed premises since February, 1948 and that such adverse possession had ripened into valid title......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land along with some other lands for the maintenance of a mosque situated at the home...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....on Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plaint. It has been alleged in the plaint that the disputed properties originally belonged to one Kasturi Chand Bermecha, the predecessor of the plaint......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
.... the plaintiff succeeded in obtaining a decree for their eviction in Title Suit No. 5 of 1947. Out of spite for eviction, the defendants dispossessed the plaintiff by dismantling collie huts on the disputed lands in May 1955. Hence the suit.
2. The appellant, who is defendant No. 1 alone conte...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ch 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidate......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
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......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..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 ...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..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......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..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...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..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 ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..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......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..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......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..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......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
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