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Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....d below: "283. (1) In all cases the District Judge or District Delegate may, if he thinks proper, (a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the Will or the right of the petitioner to the letters of administration, as the case m......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. ......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. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....servations of the Court on whose basis he tried to refute the appellant's contention have been quoted above and considered by us. He, however, subÂmitted that if an Act laid down certain policy, its execution requires conferment of discretion on the Government or the authority concerÂned and, ther...... be elected by the Government for retirement under section 9(2) without any discrimination. In Jibendra Kishore's case the acquisition of the interests of rent-receivers was not "pieceÂmeal but wholesale", as was pointed out by the learned Chief Justice No selection was involved. The interests of a......rned Attorney-General also relied on observations as occur in the same judgment. "We are not unmindful of the fact that a very wide discretionary power has been conferred on the Government and, indeed, the contemplation that such wide powers in the hands of the execuÂtive may in some case be mi..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......lised enterprise it is allowed by the Corporation to manage its affairs according to the rules of its constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprise has maint..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....hority durÂing the said period in exercise or purÂported exercise of the powers derived from any of the said Proclamations or any Martial Law Regulation or Martial Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any Court or authority in t......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. ...... Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr..Category: Constitutional Law | Date: | Hits: 292
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......charjees went to India and as they coÂuld not return, by a General Power of AttorÂney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of the sui......e Bhattacharjees went to India and as they coÂuld not return, by a General Power of AttorÂney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......nsfer of .45 acres of land dated October 25, 1965 made by respondent No. 3 Abdul Huq Sarker in favour of the appellants who are stranger to the holding, at Taka 1000/- without serving notice of the sale. The pre-emptor respondent claimed that he came to know about the sale on October 30, 1965 and......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....gainst the appellant-defendant for declaration of title and recovery of possession of the suit land. The suit was decreed by the Munsif on 29th May, 1957 and the plaintiffs by putting the decree into execution got delivÂery of possession of the land on 26th August, 1957. But the defendants filed an....... If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commÂanding the Judgment creditor to restore the property or pay over the proceeds of sale". 14. The English law as quoted above provides that the court while reversing an erroneous ......c references was made to execution clearly indicates the legislative intent to keep restitution comÂpletely separate from execution. In respect of the last point the learned Judge observed: “Indeed the old section leads to the contrary view, for while it expressly provided that restitution wo..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ds and the signed papers but on various pretexts he did not return the papers. After a few days the plaintiffs got notices from the District Sub-Registrar, Dacca directing them to appear and admit execution of a kabala in favour of defendant No. 2 Mohammad Hammad. Some of the plaintiffs appeared......cial leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. ......leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3...Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....973. The judgment-debtors are the appellants and have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that th......ere of the opinion that the application to obtain execution under the preliminary decree was -not an application for the same relief as the application to the Court for a final mortgage decree for sale in the suit. The Privy Council did not elaborate the reasons for their decision. What appears,......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
..... Instead of making such an order for showing cause the learned Magistrate heard both the parties and perused their papers regarding possession of the disputed land and made the impugned order for execution of the bond. Hearing of the parties cannot be a substitute for an order to show cause why......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. ......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
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......elaborately explained in the affidavit in opposition how the matter of granting reward to the respondent was dealt with. It has been stated therein that the Government did not realise any sale proceeds from the sale of the seized gold. In the absence of mint facility in the country......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......ecision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 1951 raising the question as to whether the assessee is entitled to claim adjustment on refund of the sales- tax paid by him at the stage of importation of raw materials against the tax payable on......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......ding accounts of the respective assessee was rejected on valid grounds and action of the Deputy CommiÂssioner of Taxes for taking recourse to section 13 and making estimate for finding out the total sale and the gross profit or for that matter of the Appellate Joint Commissioner of Taxes modifying ......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... works. In the circumstances, it may kindly be seen the estimate has been submitted at the proper time and there has been no delay in submitting the estimate on my part nor any delay in execution and completion of electrical works to the satisfaction of all concerned. I fai......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......ired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease Exhibit 2 series. Thereby be acquired 16 annas interest in the disputed land and..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......x assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of the Company and the Com......ressed view that even in the absence of section 67, Civil Courts will have, no jurisdiction to set aside or modify assessment under the Act. It was observed; “The only doubt indeed in their Lordships' mind is whether an expression was necessary in order to exclude juri..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the ground of deÂfault and bonafide requirement of members of his family and for reconstruction of the damaÂged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day o..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... upon those who want to uphold the disposition, In the cases of Ruhulla V. Hassanlli Begumia, AIR 1928 P.C. 303 this rule was reiterated by Lord Atkin. He observed as follows: "The execution of the deed is not in question. It is, however, undisputed that in the case of dispositi......ingle Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour of her younger son respondent No. 2. M......al leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......er acquired the right of redemption with an application before a magistrate in the form of complete usufructuary mortgage with maximum period of seven years. Such right of redemption is extended to a sale with a condition of re-conveyance. Any transÂfer of a land by an out and out sale with a condi......ahman, learned AdvoÂcate for the appellant has contended that the High Court Division's Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 NovÂember, 1953 is a usufructuary mortgage, is not based on proper consi..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......) 26 the Court considered against the terms of Martial Law Regulation No. VII of 1977 when the Court considered that the appellant got into possession, of the properly on the footing of a contract of sale on October, 1971 long before the provision of M. L. R. VII or Presidential Order affecting his ......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
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