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MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......nessa Vs. Safed Ali Bepary and others 36 DLR 253; Rahela Khatun Vs. Seraj Sarker 35 DLR 345 relied. Robert Watson Vs. Ambika Dassi 4 CWN 237. Lawyers Involved: SR Pal, Senior Advocate instructed by Md. Ozair Farooq, Advocate‑on‑Record ‑ For the Petitioners. N......ting anything to be done by parties or their advocates shall be signed then and there by the parties or their advocates. Note 1‑ While every endeavour should be made to get the signature of the advocates concerned to important orders, their attention is drawn to the fact that i..Category: Procedural Law | Date: | Hits: 99
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sfer of Property Act." It was further observed in para 13; "Analysing in this way, we find that a relationship is created under this section between the landlord and the tenant which is of a personal nature. The right of occupation of the premises has been given, and this right of occupation from mo..Category: Tenancy Law | Date: | Hits: 97
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......er the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or, (3) with or without such reduction and with or without altering the finding alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......t of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......to the injunction proceedings could be held liable for contempt of court. 8. The learned Munsif, it is evident, was conscious of the limitation of his jurisdiction to deal with a matter of this nature. He accordingly referred the matter to the High Court for appropriate action, if any. The Hig..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....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. ...... for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... judicial review of certain administrative acts or legislative measures interfering with a civil right of a person, as is initiated on a Writ Petition, is undoubtedly a civil proceeding of original nature and the broad principles of judicial procedure underlying the provisions of the Code as cont..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 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. ......ult, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......ought within the mischief of Section 93C of the Act. Whether the plaintiffs will ultimately succeed in establishing their claim in the suit is, entirely a different matter, but in view of the nature of the case made in the plaint, it cannot be maintained that the suit appears from the ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......e set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......pellate Assistant Commissioner of Income-lax proceeded to record his finding in the following manner: "The defects found by the Income-tax Officer exist in the books of account. Considering the nature of the defects, I have no hesitation in holding that the case comes within the purview of pro..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....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. ......section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......ns if Pakistan were in full and complete control of the assessee company. 14. In our opinion, it was correctly decided by the Supreme Court of Pakistan in those two cases that the nature of the functions performed by a managing agent in managing the business of another comp..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....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. ......ade above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......fied by the letter of authority issued by Saifuddin on 14. 4. 72 and the affidavit dated 4.7.72 and thus passed an order whereby clearance of the Company was allowed by the Excise Officer in the signature of Mr. Abbas AH until otherwise directed pursuant to an order issued by Assistant Collector..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......f no legal effect. There shall be no order as to costs in this appeal. Ed. ......flers. 5. Learned Counsel has contended that the words 'garment' and 'hose' used in the Notification have been used in the general sense of clothing or covering irrespective of the nature of the user. It has been further contended that the Notification clearly shows that what was..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....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. ......so Reported In: 28 DLR (AD) (1976) 91. ...... 8. The expression "so far as they are applicable" refers to the limitation as to the applicability of any particular provision of the Code as may be necessary from the nature of the order in execution. 9. Order XXI of the Code has codified all the rules for e..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....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. ......e Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......ttorn to the plaintiff. The defendant gave an evasive reply to the said notice by stating that his status was not affected by the transaction referred to in the said notice but did not disclose the nature of the right claimed by him. Thereafter another notice dated 29-7-61 was served upon the defe..Category: Tenancy Law | Date: | Hits: 68
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......y dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......er of any such court under the Code, and to prevent the abuse of process of any such court, or otherwise to secure the ends of justice. The power to quash a proceeding under this section being in its nature extraordinary, it should be exercised sparingly, carefully and only where such exercise is ju..Category: Anti-Corruption Laws | Date: | Hits: 225
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... the proceeding itself and refused to interfere with the order of appointment of the arbitrator on that view of the matter. 12. Leave was granted by the Supreme Court of Pakistan to consider the nature and scope of section 8 of the Arbitral ion Act with reference to the question as to jurisdict..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... the High Court. The appeal is dismissed but without any order as to costs. Ed. ......ed current repairs, and allowed deduction of the said amount. He disallowed the sum of Rs. 11,563/- now in dispute, spent on mosaic flooring on the ground that it was an expenditure of capital nature. On further appeal by the assessee, it was allowed by the Tribunal holding that the amount ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....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. ......also Reported In: 28 DLR (AD) (1976) 5. ......arties. Order 1 of the Code of Civil Procedure deals with the question of the parties to a suit and by virtue of section 141 the Code; the said provisions are applicable to a proceeding of original nature like the one under section 96 of the East Bengal State Acquisition and Tenancy Act. It..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... 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. ......n of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......election was materially affected for improper counting of votes and so declared the election void as a whole. 3. The appellant moved the High Court Division for the issue of a mandate in the nature of certiorari, but was unsuccessful. The High Court Division did not find any error apparent..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......e of the salient provisions of the Act are to be looked into. 7. A certificate proceeding can be started before the certificate officer for the recovery of any dues described in the Act, as in the nature of public demand. We are then to look at sections 7, 8, 14, 20 and 36 of the Act to see the c..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......l is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295........ Hemsingh vs. Basant AIR 1936 PC 93 and Adaikappu vs. Chandrasekhar, AIR 1948 PC 12. When a person is claiming an office as under Section 43 of the ordinance, such claim which partakes of civil nature involves a decision requiring the exercise of judicial functions. The learned Counsel also me..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... 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. ......d Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......y;ther the impugned orders of stay of the execution case were correctly passed. 6. For a proper understanding of the questions involved in this case it is necessary to examine the nature of the claim raised in the proposed suit sought to be prosecuted by Respondent No. 1 as..Category: Property Law | Date: | Hits: 61
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