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Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......versed by the learned Judge of the High Court Division. 12. In the High Court Division it was argued on behalf of the plaintiff‑respondent that the learned Additional District Judge was wrong in holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale w..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......laim to the cement in question. The respondent alleged that the ownership of the cement passed with the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without juri..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......evision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this d..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......e learned Magistrate "categorically found that the 2nd party was in actual possession as bargadar", which is not correct. The High Court Division, it was further submitted, went wrong in holding that the learned Magistrate had decided the question in respect of the claim of the parties..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......uit. On a revisional application filed by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper..Category: Procedural Law | Date: | Hits: 110
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......versed the judgment of the lower appellate court and dismissed the suit. 5. Leave was granted firstly, to consider whether the learned Single Judge of the High Court Division was correct in holding that the gift was incomplete as the same was made in favour of a minor by not giving delive..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court." 5. After holding that the appeal in the instant case was dismissed not on merit but on the ground of limitat..Category: Property Law | Date: | Hits: 64
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....ence of any contract, local law or usage to the contrary. This section is quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, ......A lessee may continue in possession of a lease property on its lawful termination if the landlord either expressly or impliedly recognises him as lessee taking rent from him; he is called a tenant by holding over under section 116 of the TP Act. He is not a tenant by sufferance, Death of the origina..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uel to the acquisition of all rent-receiving interests. The section covers the holders of all categories of land, not only the rent-receiver but cultivating rival, cultivating under raiyat and non-agricultural tenant. The section also defines the quality and quantity of the land each of them can...... it first bifurcates a mixed wakf-al-aulad into public and private wakf, and then converts the private portion into secular property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of th..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......recting re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are th..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ry to prosecute the respondent who, in the discharge of his official duty, acted beyond the scope thereof. It was, therefore, urged that the learned Judges of the High Court seriously erred in not holding that the courts below dismissed the petition of complaint on the basis of speculation of th..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....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: ......on and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed on the 10th December, 1966 for electing a Vice-..Category: Civil Law | Date: | Hits: 142
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. ......uit appears from the statements in the plaint to be barred under the provision of Section 93C of the Act. We are, therefore, of the opinion that the learned Judge of the High Court was not wrong in holding that the suit was not barred under the said provision. 14. Leave was granted also t..Category: Procedural Law | Date: | Hits: 99
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....... Judgment Debesh Chandra Bhattacharya, J.—This appeal by special leave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not justified, in the facts and circumstances of ..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. ......r sub-section (3) of section 42 of the Income-tax Act. The Supreme Court of Pakistan applied the principle laid down in the case of Messrs Octavious Steel Company Ltd. in deciding that case and in holding that the remuneration earned by the Managing Agent having its principal office in Indi..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. ...... The order of conviction and sentence against the accused-petitioners was set aside, they were found not guilty of the charge under section 379 of the Penal Code and the Rule was made absolute holding, inter alia, that the accused-petitioners had a bona fide claim of right to the land in que..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. ......ent-Appellant has contended that the learned Judges of the High Court Division misconstrued the provisions of Articles 4 and 8 of the Order. His main attack is that the learned Judges were wrong in holding that the formation of the opinion of the Government and show cause notice on the owner are n..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. ......tral Board of Revenue moved the High Court of East Pakistan in Writ jurisdiction for a declaration as aforesaid but the High Court by its order dated 1-12-1969 rejected the Writ petition summarily holding that the Stockinet’s which were being manufactured by the petitioner were not for the..Category: Business or Commercial Law | Date: | Hits: 109
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. ......ncy Act will be leviable by execution in a Civil Court in view of section 36 of the Code. In Ram Taran Vs. Sukumai Debi 5 D.L.R 351, Guha J, held that an order of division of lands of a tenure or, holding under section 88 of the Bengal Tenancy Act is an order of a civil court within the meaning ..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. ......o which the defendant filed on 19-5-62 a written objection, which was marked Ext. 9 wherein for the first time it was asserted by the defendant that he was not a tenant but a trespasser in the suit holding and that he had acquired valid title to the disputed premises by adverse possession and that..Category: Tenancy Law | Date: | Hits: 68
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