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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. ......the warrant of the District magistrate of the area in which the persons under sentence may be found, as if the sentence were passed by him; (m) every sentence of fine or confiscation of property passed in any case at any time before the commencing day by a Special Martial Law Court o..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. ...... tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occupy the property only and the tenant is liable to be ejected. A tenancy from month to month is a lease as co..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. ......e 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 plaintiff No. 1 is managing the Wakf property as Mutwal..Category: Others | Date: | Hits: 142
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....rved on the Controlling Authority, namely, the Commissioner, Dacca Division in the afternoon of 10th December. The meeting of the Municipal Committee was held at 10 A.M. on the 10th December, 1966 as scheduled. In that meeting on the proposal of Mr. M.A. Zaher, appellant in Appeal No. 6-D of 1971, H......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. ......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)
.... 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. ...... and also for an injunction restraining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dac..Category: Procedural Law | Date: | Hits: 99
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. ...... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general 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 pro..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. ...... of the land and as such they cannot be convicted." 7. This Division pointed out that the bonafide character of the claim of right shall have to be ascertained with reference to the property which is the subject-matter of the alleged offence and in the instant case it was the padd..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. ......ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele..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 as she was not a party to the pre-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 ..Category: Property Law | Date: | Hits: 77
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. ...... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ..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. ......ed by Mokhlesur Rahman and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be ..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. ...... Property and for conferring and imposing on the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rule..Category: Property Law | Date: | Hits: 93
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. ......ecurity deposited in court, observed in the majority, giving a very clear exposition of S. 60 of the Code. The relevant passage may be quoted: "When either immoveable or moveable property is offered as security, the proprietary interest of the surety is not automatic..Category: Civil Law | Date: | Hits: 103
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....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. ......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
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... and if the Court initially has no jurisdiction on the basis of a premature application, such jurisdiction cannot be subsequently acquired by the Court in the same proceeding on the expiry of the scheduled period. In support of the aforesaid contention reliance was placed upon a Single Judge dec......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
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. ......ause of action for partition arises in favour of the co-sharers suing for partition as against all the remaining co-sharers because every one of them has a substantive interest in every bit of the property which is the subject matter of the said suit. In order to give relief in such a suit, the ..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. ...... 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 against the plaintiff in that there was no proper service of ..Category: Property Law | Date: | Hits: 82
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. ...... that as the mention is in a compromise filed in a suit, on the basis of which a decree was passed prior to 1930, when the law was amended so as to require registration if the compromise affected property not the subject matter of suit, it was admissible in evidence without registration, and w..Category: Property Law | Date: | Hits: 64
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. ......case for stay of the execution in terms of the provisions of sub-rule (3) of rule 5 as has be n mentioned above. Rule 6, sub-rule (2) of Order 41 provides for stay of sale of immovable property in execution of a decree said principle, a proceeding in execution against which an appeal..Category: Property Law | Date: | Hits: 61
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