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Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....sale was not execut­ed the suit was filed. The defence was mainly on hardship. The Division Bench carefully considered the defence and concluded. "If we decree the suit, she will be deprived of that income too, for the rest of her life with no shelter to cover her head. There can, therefore, be no ......D) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......onal Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise......e vicinity and that the map prepared shall show the permanent marks, the boundary of the disputed land, the boundaries of adjacent lands so far as may be necessary and the Position Of the Settlement, revenue, that and other survey lines if such position can be determined with sufficient accuracy and..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......p;……..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz M......to escape with the launch containing the smuggled goods and started firing on the Customs Officials, that the armed forces also opened fire for self-defence and in the interest of the Govern­ment revenue, that the launch was forced to stop at Kaligonj Bridge, that some of the smugglers ran away ..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

....nd registration of the deed of sale on 30.6.1979 and on receipt of the balance consideration money by which time the defen­dants would obtain requisite permission from the authority and necessary income tax cleara­nce certificate at their own costs. The plaintiff however, could not pay the pri......owdhury J Shahabuddin Ahmed J  Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Indus­tries and others.……..Respondents Judgment January 15, 1985. Resu...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....of the Income Tax Act, 1922 and observed as follows: ''Now one of the purposes of the Act is sec. 42. They re therefore to be "deemed to be" the agent who is char­geable to income tax, are deemed to be the assessee—the assessee being in terms of sec. 2(2) defined as ......sp; ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)

....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232       ......in: 36 DLR (1984) (HCD) 232       ......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232       ..

Category: Property Law | Date: 26 Apr, 1984 | Hits: 3

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....of the annual general meeting held on 28.2.83 signed by the Chair­man of the meeting. It is found that the company has earned a net profit of Tk. 1,63,957.08 during 1977-1982 and that there is an income tax demand of Tk. 1,07,841.00 from 1975-1980. Accordingly the Directors did not declare any d......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangla­desh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....the parties concerned in dealing with the property after sale. 8. In the instant case both the courts below have concurrently found that neither Mouna Khatun nor her mother had any source of any income and that the consideration money was paid by Abul Mia out of his earning made in Burma. This ......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ..

Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6

Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)

....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu......ew of sub-section (8) of section 82the words 'raiyati' or 'tenant' as well as 'rent' were to be deemed to have been substituted by the words 'malik' and 'land revenue'. Chapter V of the Act also brought in the incident of tenancy including the right of oc..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87.   ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defen­dant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir......uld be mere security for the money advanced and the land will be returned after the loan would be repaid. Further, it is seen that this so-called leased out property was put in auction for arrears of revenue and it was the plaintiff who alone filed the Misc. case for setting aside the sale which wou..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235   ...... This Case is also Reported in: 36 DLR (1984) (HCD) 235   ......tion 13 of the Evidence Act. The decision relied upon by Mr. Pal lays down the proposition referred to above in connection with a document of mortgage in which the executants asserted their revenue fee title in the recital. Furthermore, in my opinion, section 13 of the Evidence A..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....ainst them. The special period of limitation enjoyed by the Government in many cases are not applicable to them, unless the statute establishing them specifically so applies. They are also subject to income tax and other revenue legislations to the same extent and in accordance with the same regulat......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......al period of limitation enjoyed by the Government in many cases are not applicable to them, unless the statute establishing them specifically so applies. They are also subject to income tax and other revenue legislations to the same extent and in accordance with the same regulations as are applicabl..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1