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Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Prison, ex parte Doyle (1917) 2 KB 254; Ameer Khan (1970) 6 Beng LR 459; CP Mathen Vs. District Magist......rrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was ser......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....dullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Death Reference No. 1 of 1984 with Criminal Appeal No. 1 of 1984 and Jai......In view of the vital omissions to the Investigating Officer with regard to the actual assault on the deceased on the night of occurrence by the appellants it is difficult to rely upon this so‑called eye‑witness as well. 10. Thus, on a careful consideration of these two materia......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....the District Judge, Chittagong. Miscellaneous Case No. 323 of 1975 was dismissed for default on 24.1.76, but Miscellaneous Case No. 300 of 1975 is still pending. Other Appeal No. 142 of 1976 was also dismissed for default by the learned Subordinate Judge, 2nd Court, Chittagong to whom the appea......the conduct of the defendants, which is negligent at all stages, and in view of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote hara......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....2(Act IV of 1882), Sections 53A,105,106 ,111 & 116 The Premises Rent Control Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right in such te......clearly that "lease" in this section is a right only of occupation of an immovable property for a certain time and that this right is created by transfer from one person to another. The transferor is called 'lessor' and the transferee is called 'lessee'. The period of the right of enjoyment of the p......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. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....rom and further for declaring the decision by the Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in short in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit property by a Wakfnama of 28. 12. 1891. The plaint......ion of clause C(ii) to mean bifurcation of the wakf into charitable and secular and secular portion will go to beneficiaries, is well founded. We have given our reasons and no further discussion is called for. 16. His next contention is that, we should apply the test of Mutwalli as rent-r......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
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... 516 of 1967). Judgment: Ahsanuddin Choudhury J.—This appeal by special leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan in a Judgment in C......rt unceremoniously. We are however, of the view that the latter portion of the remark, namely, "It has been seen that he is in the habit of doing so and he did so in the past too" was not called for in the instant case because it was not necessary for the learned Judge to recount what t......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discharge of an offic......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......eel that a promising life at its budding time has been lost due to the police firing which was resorted to under compelling circumstances the "officer alleged to have been responsible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharg..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....lleged that when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they partic......ged that at about 12-30 P.M. on the 9th December, 1966 Mr. Mainuddin Ahmed along with the process server (P.W. 3) of the court of the Munsif, Naranyanganj and two others went to the Municipal office, called out the Secretary Khurshed Alam Khan and P.W. 3 the process server offered the notice upon th......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: ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....d the neighbours, who heard about the occurrence and the recognition of the two accused from the informant and his wife. A sindh was found cut in the plinth of the hut. A trunk load of clothes with some ornaments, a transistor radio set, and other articles worth about Rs. 2.300/- were found stole......r, A.I.R. 1945 Madras, 330. Reference may be made to Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. 7. A detailed discussion of the authorities is not called for, because none of them directly touch upon the point in dispute before us. "A readin......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ourt discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association registered under the Society Registration Act and is said to be a religious institution.......dquo;Heard learned Advocate and perused an application filed in Court on 29-1-68 for restoration of the Rule. There was none present in Court on behalf of the petitioner when this item was called for hearing. None prayed for passing over or for adjournment of the matter. We have observe......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)
....enforceable requisition and or acquisition or eviction notices as served upon the plaintiffs and that the acquisition was in violation of the order dated 8th March, 1966 made by the appellant and also for an injunction restraining the appellant and others from enforcing the requisition and/......of such land and the procedure for assessment of compensation. What is meant by this provision is that the correctness or regularity of any order made or action taken under the said chapter can be called in question only in the manner as laid down in the said chapter, and it cannot be chall...... 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
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....the facts and circumstances of the case, in upholding the rejection of the accounts of the assessee and the enhancement of its profits as disclosed in the said accounts by taking recourse to the proviso to section 13 of the Income-Tax Act. 2. The assessee is a Private Limited Company which deriv......ounts, did not accept the story that they were advances as loans by the mother of the Managing Director of the Company but at the same time did not express any opinion as to the real nature of the so called loans. The pith and substance of the decision of the Revenue Authorities as well as the Appel......and the sales, none of which is now questioned- by the Department. When the opening stock are not questioned if there is material to show the quantity and value of the closing stock, the profits or loss can easily be ascertained, and so, the absence of a regular stock register or a stock register ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
.... (Civil) Present: B. Mahmud Hussain C. J. Ahsanuddin Chowdhury, J. Kemaluddin Hossain J. D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the ap......a as well as Pakistan and as such assessable under section 42 of the Income-tax Act and the appellant's income attributable to the operations in Pakistan was computed on the basis of what was called the Two-man Committee's decision. The Income-tax Appellate Tribunal after rejecting the......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
.... of Ext. B, Kabuliyat standing in the name of Ramzan did not subsist. He referred to two judgments, one in Title Suit No. 5 of 1947, and the other S.C.C. Suit No. 290 of 1941, Exts. 7(a) and 11. He also referred to Ext. F, written statement of Abdul Majid, father of defendant No. 1. Along with the......er of Defendant No. 1 was terminated by the superior landlord, Moifula Khatun, who settled the land thereafter, with other tenants. In this view, a detailed discussion on defendant's title is not called for. But that does not automatically create title in favour of the plaintiff.
10. Plainti...... 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)
....eople's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 and the......e set aside in respect of all the Wards. 9. No one has appeared on behalf of Respondent No. 3 at whose instance the election of the appellant has been set aside. Learned Attorney-General, being called upon to assist the Court, has however, appeared in this case and has supported that part of t......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
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....nal Procedure Code and whether the appellants have been prejudiced thereby. 2. Appellants Abdur Razzaque and Altaf Hossain were put on trial on the charge that they kept in their possession some arms and ammunitions without licence. The trial......s to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence. The accused shall not render himself liable to punishment by refu......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ich had not been installed in Pakistan. 2. The respondent-assessees are non-resident shipping companies. Their registrations are in the United States of America. The Companies received some of their incomes in the then Pakistan by their ships touching Pakistan ports for loading and u......Art. It is to be observed that the assessees claimed allowance of initial depreciation only and not additional depreciation and so the decision of the Tribunal allowing additional depreciation is uncalled for and will not govern the orders of assessment. We proceed to deal with the narrow qu......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ng arisen on completion of the aforesaid work between the parties as to the amount of money to be paid to the Respondent Firm, Mr. M. I. Rajput, Superintending Engineer, Pak. P.W.D. was appointed sole Arbitrator by the Chief Engineer, Pak. P.W.D., to adjudicate the said dispute. The Arbitrator e......a copy of an application under section 8 of the Arbitration Act could not be taken to be a proper service of notice as contemplated in section 8(2) of the Act and that since the service of the so-called notice did not take place at least 15 days before the filing of the application, the Court ha......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....n further appeal by the assessee, it was allowed by the Tribunal holding that the amount came within the expression 'current repairs' as contemplated in section 10(2)(v) of the Act. The Tribunal also observed that this deduction would be allowable under section 10(2) (xvi) of the Act...... document, cannot be governed or controlled by the language of subordinate legislation. There is no language in the Constitution to give colour to such interpretation. No further discussion is called for. The preliminary point of Mr. Hossain fails. 21. We now come to the merit of the......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....he chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were not sent, some ......ection of the appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all ...... 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
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