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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. ......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. ...... The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by ei......s of the contract such as, if the contract fixes the period of notice, say, two months, then notice of fifteen days will not be valid. 9. Section 111, TP Act, shows different ways and grounds for determination of a lease. One of the grounds for determination of a lease is "efflux of time limited..Category: Tenancy Law | Date: | Hits: 97
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: ......ence there is no force in the contention that the appellant could not be convicted as an abettor when the principal contemner had been acquitted. 15. It is to be noted that it is an established principle that no one should bring the court to disrespect or minimise its authority by either direc......l Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed ......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
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. ......ertain 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 contained in the various .......—This appeal by special leave is against an order of a Bench of the Dacca High Court 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 r......scretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in this country that the Court shall entertain and decide a civil action relating to the determination of an individual right only, if, the person who has initiated the action or his repre..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. ...... 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. ......p;…....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Ab......s provisions for requisition and acquisition of land for carrying out the purposes of the Act, constitution of a Tribunal for performing the function of compulsory acquisition of land and determination of compensation in respect of such land and the procedure for assessment of com..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.......rt of the proviso, cannot be a mere subjective or arbitrary one, but it has to be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act whi......g, calendar printing on papers and also printing on tiny. The relevant assessment years were -1956-57, 1957-58 and 1958-59 and the rates of gross profits were shown at 34%, 33.6% and 35% respectively for the said years. The Income-Tax Officer on a consideration of the return filed by the assesse......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...Category: Fiscal/Taxation Law | Date: | Hits: 164
....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.
......nd gains of the business
attributable to the operations in Pakistan were assessable in Pakistan under
sub-section (3) of section 42 of the Income-tax Act. The Supreme Court of
Pakistan applied the principle laid down in the case of Messrs Octavious Steel
Company Ltd. in deciding that case and in......venue authorities viz. the Income-tax Officer and the Appellate Assistant
Commissioner took the view that the commission earned by the appellant as well
as the office allowance received by it, for the works done in India as well as
Pakistan and as such assessable under section 42 of 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
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....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. ......er section 379 of the Penal Code. This Division, on a close examination of the question as regards the bona fide claim of right of the accused-petitioners, found against them. It was held that the principle of a bona fide claim of right as a proper defence to the charge under section 379 of the ......etition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin Choudhury, J.—This petition is for review of the judgment dated 17. 6. 75 passed by this Division in Criminal Appeal No. 24 of 197......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)
....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. ......this part of its finding. 12. We can now turn to the third question as to whether prior show cause notice is neceÂssary before the opinion of the Government is formed. It is to be remembered that principles of natural justice is not attracted for preliÂminary determination. A glance at differen......is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of BanglaÂdesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned...... induces both natural and juristic person. 11. Turning to the second question, we find that the construction of Article 2(1) reviles" that formation of opinion by the Government is implicit in the determination of a properly as an abandoned property-coming within the defiÂnition clause, no doubt..Category: Business or Commercial Law | Date: | Hits: 129
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. ......e court, by whose order he has been directed to be removed, that he is not liable to be so removed according to law, it will be a mere travesty of law and clearly violative of the basic principle of equity and justice. If his right of representation in the said circumstance is not pr......tullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-emption of certain land purchased on 19-3-66 by respondent No. 2 Rehana Begum. An objectio......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
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... 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. ......rial ground' is invalid. The doctrine of Mushaa is rigid and its operation must be kept within the strictest limits. The doctrine is to be interpreted strictly within the clear words. Keeping this principle in view, if we try to interpret the exception rule set out above, the question for our co......, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant...... 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)
....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. ...... state of belligerency. The provision of SecÂtion 83 of the Code of Civil Procedure does not apply to a Custodian, Deputy Custodian, or an Assistant Custodian of Enemy Property in terms nor does the principle underlying the said provision made any of them amenable to the disabilities of the said pr......n Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an order of appointment of a receiver under Order 40 rule 1 of the Code of Civil Procedure in a suit for partition in which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 institut......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
.... 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. ...... 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. ......t and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a DefenÂdant's appeal by special leave arising out of a suit for recovery of possession of the suit land upon declaration of the plaintiffs title therein. The su......intiff to show the continuous possession of Subhan and his heirs, either direct or conÂstructive, on the suit land for the prescriptive period before the grant of Patta in his favour. We feel that a determination of this question is necessary for complete adjudication of dispute between the parties..
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......tion to the cited authorities we find, Rankin C. J. In Re-Horst Guderian, sitting in a Division Bench has very clearly expounded the point of security money. He says that it is governed by two principles; the first is that the money which is deposited into court as security shall abide the o......cree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Respondent No. 1 applied to the Subordinate Judge, Rajshahi, for attachment of Rs. 25,785/- lying in deposit for due performance of contract made by the judgmen......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
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 exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......iance on the decision in the case of Raja Huq Newaz Vs. Mohd. Afzal inasmuch as the facts of that case are quite different from those of the instant case. Suffice it to say that it is the question of principle which is our concern in this case and not the quesÂtion of facts. Section 561A provides:â......ent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal Controller. As per agreement between the stockist firm and the Coal Controller, the former was to deliver coal on permits issued by the latter. A Permit No. 63/3138 for fifteen hundred......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no quesÂtion 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. ......pensable and either party may waive them without affecting the jurisdiction of the Court." 21. We are to examine the relevant provision of section 8 of the Arbitration Act in the light of the principles referred to above in order to appreciate the validity of the contention of the learned Ad......tration Act. This appeal was filed by Pakistan and two of its officers and is now being prosecuted by BanglaÂdesh. 2. Respondent Firm is a Government ConÂtractor who was given earth filling work for development of the site for construction of the Telephone Factory at Tongi on the basis of an ag......ct, and therefore no quesÂtion 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 CineÂma 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. ......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. ......ce under section 66(2) of the Income-Tax Act. 2. The assessee Gulistan Cinema Co., Dacca, an unregistered firm of exhibitor of Cinema films submitted the return of income of their business for the assessment year 1960-61. They claimed deductions under section 10(2) of the Act, a sum of ......ords following the word 'judgment' each carry within itself the sense of collusiveness and/or executability. 'Judgment' in our opinion should convey the same sense, meaning any final or conclusive determination on a question either of law or fact. 13. We now turn to Article 60, along with..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. ......L.R. 847: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without considering the rights of others. The principles of Order 1, rule 9 of the Code cannot be made applicable. In the circumstances, it cann......f Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts below under section 96 of the East Bengal State Acquisition and Tenancy Act and dismissing the application for pre-emption filed by the appellants before us. 2. The appellants initiated the proceed......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
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. ...... on the date of the sale it is a nullity. These are the inciÂdent of a money-decree. 12. A certificate sale held in default of payÂment of rent, and on the compliance with the requirement of the principles of representation of the landlord and the tenant, the tenure or holding passes with the c......ond Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpretaÂtion of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal are that disÂpute between plaintiff appellant, Golam Hafez Mia, and defendant respon......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. ..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.......aborate arguments were advanced on both sides on the legitimacy issue. After considering the arguments and the decisions cited before them, the learned Judges of the High Court approved the following principle enunciated by Mahmood J, in the case of Muhammad Ailadad Khan vs. Muhammad Ismail Khan ILR......and of good character, would become the Mutwalli. After the death of the said wakf, Amir Ali Mia became the Mutwalli. He died OH Aril 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, ha......', was over-ruled. 19. In this connection reference may be made to the case of Aswad Miah and another vs. Shahidulla Miah and others, 1958 PLR Dacca 1163 but as this decision does not concern the determination of the question whether a person named in the statute is a court or a 'persona designa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....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. ......Âgagee in other suit No. 151 of 1926, in which the mortgagee admitted that there had been such a mistake in the kot-mortgage deed. On the face of the solenama Ext. 9. appellant objection that on the principle laid down in the section 98 of the Evidence Act that parties should not be allowed to trav......ted as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that MohaÂmmad Ashraf Chowdhury, their predecessor......, but remanded the appeal to the High Court for decision, as to whether the accounÂting, which had been directed in the case by the Court of first instance, should not be resÂtricted in relation to determination of the excess payment, for the making of a refund order, to such payments or recoverie..Category: Property Law | Date: | Hits: 64
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