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Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......uffer grievously at the trial if the judgment were to be delivered without a decision in the money suit. He submitted that, at any rate, the delivery of judgment should have been stayed for a limited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......d of relying on assessee's own paper the Agreement, where the Director for the Company recorded his appreciation for the staff "for its loyalty and sense of duty particularly during the unrest period", was swayed by the oral submissions, made for the first time before it on behalf of t..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ......gladesh, in Article 65, for clause (3) the following was substituted by the impugned amendment: "(3) Until the dissolution of Parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the Parliament next after the ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......poration Jamuna Oil Company Ltd. was placed under the control and management of the said Corporation which was defendant No. 3 in the suit and respondent No. 2 in this appeal. During the Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Lt..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ded adverse possession since 1321 BS, that is, they had been on the land for more than 35 years before the alleged settlement of the plaintiff. There is no evidence whatsoever that during this long period any of the landlords, either Ramanath Ghosh Estate or Gobinda Jieu, made any demand or rais..Category: Property Law | Date: | Hits: 62
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......ľ দিব।” 8. Seven tests have been laid down in the cases mentioned above to determine whether a document is a mortgage or an out and out sale namely, (i) the existence of debt, (ii) the period of repayment‑ a short period being indicative of a sale and a long period of a mortgage; (i..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
.... lawful importer. 10. It was stated that the Customs Authority had to take steps for disposal of the consignment through auction when the importer M/s MA Baker failed to clear the goods within the stipulated time as envisaged in section 82 of the Customs Act. The public auction was held on 20.12......., speaks of imported goods and the owner of such goods. Section 82 of the Customs Act speaks of procedure in case of goods not cleared or warehoused or transshipped after unloading within a specified period. This section clearly indicates that if any goods are not cleared or warehoused or transshipp..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....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. ......ll in force under section 6(a) of the General Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial Law period; that under the law the Sessions Judge was to issue the warrant in this case, but the issuan..Category: Constitutional Law | Date: | Hits: 365
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. ...... 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 either party by a notice to quit. Possessory right of a li..Category: Tenancy Law | Date: | Hits: 97
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. ......d that he had been in forcible occupaÂtion of the disputed premises since February, 1948 and that such adverse possession had ripened into valid title in his favour after the expiry of the statutory period of 12 years. 4. After hearing, the learned Subordinate Judge came to the finding, on a co..Category: Tenancy Law | Date: | Hits: 68
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. ......bria with his transferees in deciding the point of limitation. He submits if the wakf is valid, then Kibria's transfer on 31. 1. 44 will not defeat the suit as it was filed on 30. 1. 56 within the period of limitation and then, the onus will shift on to defendants to prove adverse possessio..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. ......y Laws such as Defence of Pakistan Ordinance and the Rules framed thereunder, for taking custody of the properties of enemy aliens and for management and protection of the said properties during this period of the abnormal conditions. As regards the lands and buildings, which the dis¬puted prope..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. ......r the plaintiff has failed to prove his title to the suit land, and
ii) whether oral and documentary eviÂdence adduced by the defendant to prove his possession of the suit land for the statutory period and which was accepted by the Subordinate JuÂdge, did not receive due and full consideration..
Category: Property Law | Date: | Hits: 82
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....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. ......the I.T. Act and Rule 9 (old rule 8) of the I.T. Rules and was justified in allowing initial and additional depreciations in respect of the vessels which did not ply in Pakistan waters during the period in question and which had not been installed in Pakistan." And ..Category: Fiscal/Taxation Law | Date: | Hits: 134
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. ......rbitrator by the Chief Engineer, Pak. P.W.D., to adjudicate the said dispute. The Arbitrator entered into reference on the 2nd April, 1968 but he having failed to give the award within the prescribed period of 4 (four) months from 2-4-68, the First Court of Subordinate Judge, Dacca was moved by him ..Category: Alternative Dispute Resolution | Date: | Hits: 258
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. ...... the holders of the contiguous lands shall be made parties and sub-section (4) of the said section provided that such co-sharer tenants or-holders of contiguous lands shall have to apply within the period referred to in sub-section (1) i.e., 4 months from the date of knowledge, or within 2 month..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. ...... that when a certificate has been filed the Certificate Officer shall serve upon the certificate debtor in the presÂcribed manner a notice in the prescribed form. After service of the notice; when a period of 30 days has elapsed, and no objection has been taken in terms of the Act, the Certificate ..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....... of the deed of wakf or where the successor to the office of Mutwalli is a minor, a person of unsound mind or a person adjudged insolvent by a competÂent Court of law, the administrator may for such period as he deems fit, appoint a person to act as Mutwalli with notice to all the persons intereste..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. ......n case of an appeal preferred against the said 'decree or an order by the appellate Court, and, before the filing of the appeal but before the expiration of the period of limitation for filing such appeal, by the Court which passed the decree or order. Accordi..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. ......or pre-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The point in dispute was whether the respondent, who was admittedly a co-sharer, did come within the period of limitation, to file his application for pre-emption. The Kabala was registered on 38-1-67..Category: Property Law | Date: | Hits: 44
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