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Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....or transportation for life passed in any case at any time before the commencing day by a Special Martial Law Court or a Special Martial Law Tribunal shall, after the commencing day, be put into execution on the order of the Government under the warrant of the Sessions Judge of the area in wh......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. ......rt of Sessions with the following observation: “The Court hath no knowledge by this return, whether the evidence given were full and manifest, or doubtful, lame, and dark, or indeed evidence at all material to the issue, because it is not returned what evidence in particular..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether, on the death of a monthly tenant judgment‑debtor, his heirs can be substituted for the purpose of execution of the decree for ejectment. In order words, whether a monthly tenancy is heritable. In an......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. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....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. ......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. ......ct is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts from the Mutwalli of the Wakf Estate and on consideration of the terms of wakf deed has allowed 17.65 acres of land for religious and charitable purposes out of the total Wakf la..Category: Others | Date: | Hits: 142
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.......specialised industrial business must be high. Most of the manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second industry of this nature in East Pakistan. I therefore support the I.T.O's......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
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. ...... management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross proceeds arising from the sale-of the goods produced by the mills of the managed company and any other goods sold by the mana......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
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. ...... issued to him on 5th January, 1975 by the Bangladesh Embassy in Kabul. 3. On 25.8.74 there was a notification in the Newspaper vide Annexure 'S' to the petition before the High Court Ber.ch for sale of the assets of the Company. The respondent No. 1 prayed for declaration, that the notificatio......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
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. ......respect with the hoses procured from the market. It has been contended on the said premise by the learned Counsel that it would be discriminatory if the hoses which are available in the market for sale and are purchased by the appellant company for covering the rayon cakes are exempt form duty a......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. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....e-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted to consider the above question. ...... No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possession of the purchased land as per description, mentioned in her sale deed to the pre-emptor who in his turn entered into possession thereof on the date of filing t......; No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possession of the purchased land as per description, mentioned in her sale deed to the pre-emptor who in his turn entered into possession thereof on the date of filing the s..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....e lower appellate Court. 10. The principal question which was raised in the suit was whether the plaintiff's suit was barred by limitation. According to the plaintiff's case, at the time of the execution of the deed of exchange dated 18-5-60 in favour of Md. Asim, it was represented that the d......got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by means of a registered deed of sale dated 25-3-61. The defendant having been found to be in possession of the said property at the ......belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by m..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....korfa patta executed in his favour on the 31st January, 1944, by Gulam Kibria, another son of Mokhlesur Rahman. He denied the possession of Mokhlesur Rahman of the Wakf land. He further denied the execution of the wakf deed and averred that if any such wakf deed were found, it was fraudulent and...... 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. ......li and for khas possession thereof. The lands in dispute belonged 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..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. ......erpolating in the said provision, after the words, 'any person certain new words which were not there, viz. 'other than the parties to the suit'. The said Allahabad case arose out of a suit for sale on a simple mortgage, and in dismissing an application for appointment of a receiver in such a ...... pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of Enemy Property was entitled to..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. ......l and documentary evidence of both the plaintiff and defence on possession.
5. He considered Ext. A to A4., Municipal demand register, Exts. C to C-7 the Municipal Tax receipts, Exts. G and G-1 sale deeds, Ext. D and Ext. E filed by Defendant No. 1, and held that they did not establish adverse...... documentary evidence of both the plaintiff and defence on possession.
5. He considered Ext. A to A4., Municipal demand register, Exts. C to C-7 the Municipal Tax receipts, Exts. G and G-1 sale deeds, Ext. D and Ext. E filed by Defendant No. 1, and held that they did not establish adverse poss..
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....) of rule 46 of Order 21, that money lying as security with the Government for due performance of contract was 'money' within the meaning of the provisions of the Code, and liable to attachment in execution of the decree against the judgment-debtor. It was further held that the security money tr......o the first will virtually settle the second. Let us therefore consider the first question. Section 60 of the Code gives a long list of properties with exceptions, which is liable to attachment and sale in execution of a decree. From the long list, both counsel agreed, the word that could be app......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
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. ...... 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. ......in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consideration that more than 50 deed and absent votes were shown to have been cast in favour of the appellant. He held, the returni..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ntained in section 8. It says, that private sale of the property of the certificate debtor situated in the district in which the certificate is filed, shall be void against any claim enforceable in execution of the certificate, and that the amount due from time to time, in respect of the certifica......n in possession since then. The suit of the plaintiff was for declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held ag......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.......oned that a long line of decisions was considered in this case regarding the attributes of a Court as well as what are the elements of a judicial decision. In deciding whether a Collector who holds sale for arrears of revenue under the provision of the Bengal Land Revenue Sales Act, 1859 acts as, ......ubstituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....the Act thus: "Suit to which this Act applies" means any suit or proceeding instituted or filed on or after the 1st day of January, 1939, or pending on that date and includes a proceeding in execution— (a) for the recovery of a loan advanced before or after the commencement this Act;......the properties possessed by the mortgagee since the date of the transaction. 2. The defence of the defendant-appellant, inter alia, was that the transaction in question was mortgage by conditional sale, and that all the properties described in the schedules to the plaint were not given in kot-mor......ho are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for redemption and for accounts of the usufructs of t..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1, by which the proceeding in execution of a decree obtained by the appellant against Respondent No. 1 and 2 was staye......nt No. 1 and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed ......te on 11-4-74, setting aside the order of restoration of the Miscellaneous Appeal and dismissing the Miscellaneous Case No. 237 of 1970. The appellant, in the meantime, got the requisite deed of sale executed and registered through Court in Title Execution Case No. 69 of 1970 of the Co..Category: Property Law | Date: | Hits: 61
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......on, to file his application for pre-emption. The Kabala was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ce of the Contractor. Mr. Ali, therefore, tried to impress upon us that all that have been alleged against the petitioner can reasonably be explained away as acts done in good faith for successful execution of the work in the ultimate interest of the District Council and as such the petitioner h...... on 30-9-1964. One of ' the schemes was to manufacture 19, 65,000 bricks for the Pabna-Trimohoni Road. The estimated cost for brick manufacture was Tk. 2, 03,500/-. Tenders were called for but the sale of tender forms was restricted under petitioner's direction to certain limited contrac&sh......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
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