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Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....come Tax for the assessment year 1974-1975 having the previous year ended on 30-6-74, by the Income Tax Officer, Dacca Circle (J), Dacca, on 27-1-75, in respect of her income from the aforesaid house property under section 9 of the Income Tax Act upon a ‘bona fide annual value of property’ (here......cate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment......ax Officer was correct and in accordance with the statutory provision of section 9 of the Act and that the inspecting Joint Commissioners; determination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, howeve..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....rected against the judgment and order of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the pl...... (1983) 51. ......ated 6.6.1975 suffers from a palpable error mainly, an error observance of non-observance of the principle of justice. This was an error apparent on the face of the record. The learned Munsif acted illegally and with material irregularity in not holding that this order was subject to review under Or..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....he Constitution of 1956 and was for that reason void and inoperative. In eight of these applications, viz, the cases out of which the appeals arose, the interest acquired by the Government related to property held in waqf and in them the notifications were attacked on the further ground that they we......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......blic of Bangladesh shall stand suspended with immediate effect. g. All Acts, Ordinances, President’s orders and other Orders, Proclamations, Rules, Regulation, By-laws, Notifications and other legal instruments in force on the morning of Wednesday, 24th March, 1982 shall continue to remain in..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....the police personnel’s corroborated one another in proving the case and as such the appeal is liable to be dismissed. 13. Now let us see whether the learned Judge passed the impugned judgment on proper appreciation of the evidence adduced by the P.Ws. 14. Out of 11 prosecution witnesses, P.W...... Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....ng T.S. No. 344 of 1969 in the Court of Subordinate Judge, Dacca which was renumbered as T.S. No. 56 of 1972, on transfer to the 4th Court of Subordinate Judge, Dacca, for partition of the ejmali property described in the schedules of the plaint by metes and bounds against the co-sharers. 3.......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Ju......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....Division concurrently held that the landlord failed to substantiate the same on assigning reasons therefore. The learned counsel for the appellants frankly concedes that those findings are based on proper appreciation of the evidence on record and confines his submission on the point of default in......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another............................. was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the defendant-tenant is a defaulter for the delay of the said four days. 12. The legal position in this respect has been contained in sub-section (5) of section 18 of the Premises R..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
.....17 acres, situated within the Barisal Municipality with a two-storied building, tinshed, Golpata hut, tank and other appurtenances. The plaintiff, Hemangini Dastidar, claimed to have purchased the properties Defendant 3 was a tenant in the premises. He instituted a suit being Title suit No. 72/ 6......petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......e there under are rebuttable. 7. The power of attorney ext. I was executed by Hemangini and authenticated by the Deputy High Commissioner of Pakistan in Calcutta, having been produced in Court the legal presumption of due execution and authentication under section 85 of the Evidence Act stands, a..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....owdhury, along with some unknown persons, entered the Chamber House where the office of the CCCI is located and having physically occupied it, declared himself as the President. As a matter of fact a proper and lawful meeting of the Board of Directors was duly convened and held on 14-3-2000 and a re...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade......n, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circular and actions of the responden..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
.... on 14th June 1999 after notification. Accordingly, when the election in Khulna, Jessore and Kushtia could not be held on 10th June, 1999 for unavoidable circumstances they were held on 14-6-99 under proper notification. It is stated that according for the unofficial results the votes cast outside D......in: 52 DLR (2000) 650. ......e why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that,..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....till realisation. 3. On 13-06-94 the suit was instituted stocks of MS Alloy Steel, Special Steel and Nodular Cast Iron, MS ingots, Machinery, Parts and Fittings, Roller, Rails and Plates, etc. the properties of the plaintiff stored within the premises of the Mills of the plaintiff was insured wit...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......is whether the plaintiff, not described as the insured in the policy as suggested by Mr. Mahmood, is entitled to sue or not as the ‘policy-holder’. 39. “Insured” means a person, natural or legal who has been insured by an insurer against some risks or eventualities. For the purpose of sec..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....t Judge, Rajoir for Specific Performance of Contract on the basis of an unregistered kabala alleging that Gour Chand Halder, Guru Das Halder, Ruhi Das Halder and Bimala Devi proposed to sell the suit property to the father of the plaintiff Akhoy Kumar Halder at a price of Taka 250 and pursuant to th......y order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
.... Paul further argued that the claim for decree of Tk. 66, 500.00 is the amount incurred as expense upon repairing cost which was expended for the repairing of the damaged vessel and the Bill has been properly served upon the defendant who did not pay the same and later raised false allegations again......f the suit and the amount of interest. Ed. This Case is also Reported in: ......resaid amount. But the defendant, in spite of the receipt of the letter, did not make any payment. The plaintiff having failed to realize the repairing costs of damage from the defendant had to serve legal notice on 30.9.1989 registered with A/D through its legal Adviser with a request to make payme..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......ed as short landing of the cargo as against the huge quantity of bangs carried by the vessel and therefore, the claim of the plaintiff on this ground is not tenable in the eye of law. The plaintiff illegally obtained the order of arrest of the vessel and the owner of the vessel has suffered irrepara..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
.... and not the exact date as indorsed in the application form which has been submitted by the father of the victim, the learned Magistrate is hereby further directed to proceed with the matter and take proper action against the person for that. However considering the forgoing discussion, we find n......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir......5)2010 dated 15.05.2010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with..Category: Criminal Law | Date: | Hits: 57
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....s not sustainable in law. 11. The learned Assistant Attorney General appearing for the opposite party opposed the appeal and submits that the trial court has rightly convicted and sentenced him on proper assessment of the evidences on record and there is nothing to interfere in the impugned judgm....... Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respondent. Criminal Appeal No. 4497 of 2007. Judgment AKM Asaduzzaman J. - By the judgment and order dated 02.08.2007 passed by the learned Nari-O-Shishu Niarjatan Daman Tribunal No. 2, Lalmo......n proved by adducing any evidence. When kidnap, the main ingredient of an offence under section 9 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain was absent the impugned conviction appears to be illegal and without jurisdiction. 15. In view of the matter, we are constrained to hold that the pr..Category: Criminal Law | Date: | Hits: 60
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... - I agree. Ed. This Case is also Reported in: ...... chance of acquittal in this case and as such they may be enlarged on bail. 5. The learned Assistant Attorney General appearing for the opposite party although opposes the rule but considering the legal aspect of this case found it difficult to oppose the bail. 6. Heard the learned advocate of..Category: Criminal Law | Date: | Hits: 48
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....ended to disinvest the Holding No.74. Motijheel Commercial Area and thereby invited tenders from the intending purchasers on the terms and conditions laid down in the tender form for selling the said property. The plaintiff being one of the tenants of the suit holding submitted tender for purchasing......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre...... the appeals Mr. PC Guha is appearing. 10. Mr. Mahmudul Islam, the learned Attorney-General appearing for the appellants in First Appeal No. 158 of 1999, submits that the plaintiff had no existing legal right to sue against the defendants at the relevant time i.e. on 3-8-1986, in view of the fact..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....the petitioner. Dr. Kazi Akhter Hamid, appearing for the respondent Shilpa Bank, submits that the notice has been duly served and that the Bank proceeded under Article 34 for sale of the mortgaged property on the failure of the petitioner company to repay the loan in accordance with law. 7. We...... Ed. This Case is also Reported in: 52 DLR (2000) 621. ......-1999 in the Daily Star of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a regist..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....eeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his moth...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca......d also for a declaration that the Registered Deed No.2192 dated 3.3.1999 allegedly executed by the Defendant No.2 in favour of the Defendant No.1 is a product of forgery, concoction and accordingly illegal and not binding upon the plaintiff. 4. Defendant Nos.1 and 2 contested the suit by filing ..Category: Property Law | Date: | Hits: 74
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