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Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....e has also cited a decision in his favour. The rival contention need to be examined. 7. Referring to the wakfnama, we find, that the wakif Mokhlesur Rahman dedicated his properties which are agricultural land held in dar-raiyati right with his co-sharer. He held 1 drone 13 kanis 5 gandas a......the previous possessor without any breach in continuity and that will depend upon the facts of each particular case. 19. He also contends that the court of appeal below was in error in holding that Noabad taluk is a temporary settlement whereas the true position is that the rent..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....inal plaintiffs and defendant Nos. 1 to 4 in which it was stated that item Nos. 1-15 and 18 of schedule 'kha' were homestead and shop premises and the properties described in item Nos. 16 and 17 were agricultural land measuring 14-8 acres, that defendant Nos. 6 and 7 were claiming interest in the ......eiver is a party to the suit. 19. The Allahabad High Court has, on the other hand, took a contrary view in the Full Bench case of Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495 in holding that the words any person' in sub-rule (2) were wide and comprehensive enough to include bot..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. ......his inherited tenancy right from his grandfather Ramzan. Alternatively, he asserts that the suit is barred by adverse possession.
3. The learned Subordinate Judge who tried the suit dismissed it, holding that the plaintiff failed to make out his title, and that the suit was barred by limitatio..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......idity of the election of a returned candidate and pray that some other person has been duly elected to the office. In such a case tie election as a whole is not set aside and there A no necessity for holding a fresh poll for the purpose of an election to the disputed office, under clause (b) of rule..Category: Election Law | Date: | Hits: 122
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. ......p; As has been noticed above, a proper order of attachment in such a case is to be made under Order 21 rule 46 (l)(c) of the Code, and that is to be made by prohibiting the person holding the deposit from giving it over to the judgment-debtor. Such a prohibitory orde..Category: Civil Law | Date: | Hits: 103
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. ......ciation in respect of the plant and machineries which are not installed in Pakistan. 6. The Tribunal rejected the applications and refused to refer the question to the High Court holding that the same question was considered in the case of American Export lines and that&nb..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......llowed the sum of Rs. 11,563/- now in dispute, spent on mosaic flooring on the ground that it was an expenditure of capital nature. On further appeal by the assessee, it was allowed by the Tribunal holding that the amount came within the expression 'current repairs' as contemplated in section 10..Category: Fiscal/Taxation Law | Date: | Hits: 126
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. ......nnot be determined without considering the rights of others. The principles of Order 1, rule 9 of the Code cannot be made applicable. In the circumstances, it cannot be said that the tenants holding lands contiguous to the lands transferred are not necessary, parties as they are persons w..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. ......ntiff appellant, Golam Hafez Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certific..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.......te between the panics, to consider the materials on record, conclusions reached by the Magistrate and to scrutinise judicially materials on which these conclusions are based, he cannot be viewed as holding a departmental inquiry, It was held that as he fulfils these well-known characteristics of a..Category: Trust/Waqf Law | Date: | Hits: 182
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. ...... such as are not covered by the decision already given by this Court." 5. Mr. Mozammel Huq, the learned Counsel for the appellant contended that the learned Judges of the High Court erred in holding that the Supreme Court had virtually decided the case and that the remand was made only to d..Category: Property Law | Date: | Hits: 64
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......ssain J: The petitioner is a dismissed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two counts and dismissed after holding a domestic enquiry. His petition before the Labour Court and thereafter a writ petition to ..Category: Labour and Industrial Law | Date: | Hits: 151
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....the Supreme Court of Pakistan was faced with the question whether dividends paid to the share-holders out of the income of a company, which was exclusively engaged in agriculture, were themselves any agricultural income so as to be exempt from any tax and it has answered the said question by h......for setting aside the sale under the provisions of Civil Procedure Code. 4. The learned Subordinate Judge by an elaborate judgment allowed the said application and set aside the auction sale holding that there was fraud and material irregularity in publishing and conducting the sale and tha..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......not decide it. The real issue before the High Court was whether the Respondent in the aforesaid circumstances could be held to be an unauthorised occupant, and the Court was justified in holding that the Company cannot be termed an unauthorised occupant. 8. On the question of t..Category: Property Law | Date: | Hits: 57
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......plinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintiff and c..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ...... observation: "We do not think that there is any substance in this contention of the learned Counsel. There is, no doubt, some reference to certain structures in the description of the holding as given in the decree in question but the description is also with reference to survey num..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......omulgation of the Act and taking notice of a Division Bench decision of the Dacca High Court in the case of Saudamini Roy Malakar vs. Narendra Chandra Barman, in 4 D L.R. 492, dismissed the appeal holding that both under the Act as well as under the principle of Hindu law, a Hindu widow by her r..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ...... Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor within the meaning of the Act, and whether it is correct in holding the amendment of rule 15 ultra vires the Act. (2) Whether the High Court Division is ri..Category: Fiscal/Taxation Law | Date: | Hits: 137
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......ted by the Supreme Court of Pakistan to consider two questions, namely, (i) whether the agreement entered into by the Union was binding on its members and (ii) whether the High Court was correct in holding that the clerks working on Flats and towing Steamers and those working on Shore belonged t..Category: Labour and Industrial Law | Date: | Hits: 138
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