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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....n of the partnership part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. ......ondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substance......hip part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered dee..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
.... 15 gives exemption from tax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of the company, how an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no man&s......the order of the High Court Division in application No. 1 of 1981 under section 66(1) of the Income Tax Act. 2. The respondent is an Income Tax Assessee and filed return of his income for the assessment year 1971-72 showing his total income at Tk. 15,045/- and claimed exemption of ......less machinery for the purpose of calculation of investment of allowance admissible under this section. He contended that the bonus shares being issued in lieu of dividend was as good as cash money forming the income of the assessee. It is contended that the bonus shares are fully paid up s..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.... suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show that the land has been de-requisitioned. No claim of hostile title was ever made before in the various civil suits filed earlier. In such circu......984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been prod......ing title suit premises to them at a price of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintif..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....ired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false document and the appellant did not transfer his interest in th...... allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to ......roperties were acquired in the name of Hajarilal, Manager of Mahabir Cinema Company, and Jatindra Lai Biswas, an employee of Mahabir Cinema Company. (c) The cinema hall was constructed with the money of the appellant and respondents 3 and 4 and respondent 1 was taken in as working partner of R..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....d plaintiff would not take any exception because by the withdrawal of the prosecution he had secured his discharge. Now in the second round he has assailed the kabalas by which he had to forgo his claim over 5 bighas and odd quantity of land which originally belonged to Haji Md. Mohan and Abdul ...... it is a Criminal offence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchan...... consideration, and if, as in the present case, the complainant considers that his grievance is redressed, by the mere fact of respectable persons intervening, though he has received no money payment or even a direct apology from accused, he is, nevertheless, at full liberty to compo..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....te Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Section 92 That the Plaintiff was born in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time......Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....s.............................Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the responden......of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....or, where there is no instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claimi......, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the......urchase when the plaintiff offered the suit house at a price of Tk. 1000/-; that the price has to be paid in installment of Tk. 5000/-; that on 14.8.56 the plaintiff accepted Tk. 1000/- as earnest money; that the plaintiff told the defendant to keep the transaction secret as his aunt Nalins..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... between themselves". The contractor, however, moved the High Court Division in C.R. No. 840 of 1976. A Division Bench disposed of the matter by observing that the contractor's claim is to be Inquired into and finalized by the Court and he should not be prejudiced if a bank ...... of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is ......took the view that the decision of the High Court Division should be implemented by furnishing a bank guarantee for Tk. 3,50,000/- but the receiver "should also get at least his part bill money besides the Bank guarantee to be furnished by the Board of Trustees which they are willing t..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....Deposit Case on 14.4.75 and since then they have been depositing rent with the Rent Controller. Subsequently, when the notice of transfer of the premises was served through a lawyer by the plaintiffs claiming to be the purchasers of the premises, they made the plaintiffs parties to the Rent Deposit ......ertainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, i......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ted by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correc......f Khatian No. 125 of Schedule ‘Kha’ in borga like their father. Having difficulties in paying rent in crop Mafiz and Mahim prayed to the landlords for conversion of Khatian No. 123 into money rent and further prayed for leasing out the land of Khatian 125 to them by fixing a jama. Na..Category: Property Law | Date: | Hits: 27
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
..............................…..Respondents Judgment August 10, 1983. The Civil Procedure Code, 1908 (V of 1908) Order 8, rule 6 Counter Claim The counter claim arising out of the same transaction even if is in excess of the claim of the plaintiff as per......ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N...... a balance of U.S. dollar 50,576,60. In spite of several reminders and lawyer's notice respondent did not pay up the outstanding balance. 3. Defendant-respondents appeared in the aforesaid money suit. In their written statement defendant-respondent Nos. 3 and 4 made a counter-claim amoun..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ire was applied wholly for charitable and religious purposes and the said business was also carried on by the trustee himself who had no business of his own. In these circumstances, the respondent claimed exemption from income-tax under section 4(3) (i) of the Income-tax Act. But the Income tax ......ment Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....e; whereas the land owners produced some sale deeds of the year 1968 showing per acre value of land in the vicinity at Tk. 60,000/-. The Arbitrator did not accept either of these two widely divergent claims and fixed valuation at Tk. 20,000/- per acre, and on that basis made an award for Tk. 2,52,36...... was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division....... Although there is no particular period within a week a requisitioned land is to be acquired after notice for acquisition has been served, yet when the value of the land was increasing but that of money was decreasing the compensation to be paid now on the valuation of the year 1962 would cause..Category: Property Law | Date: | Hits: 42
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....n statement the Government challenged the agreement of the plaintiff and asserted that the disputed property was abandoned property". The learned Judges, therefore, came to the conclusion that "the claim of enforcement of the alleged contract by itself considered inherent challenge as to the chara......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....HAINAVEE-1(BT-24), (3) BAVOR CHAINAVEE-2 (BT-16), and (4) DAUNG KAMOL (BT-11). Notice was issued upon the defendant-respondents to show-cause why they should not furnish security to the extent of the claim including the costs of the suit and failing which why the Trawlers should not be attached. A......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....earned Counsel submitted that these activities were not instances of negligence, extravagance or any other lapses so as to justify the appointment of the receiver. 9. As against these claims of appellant No. 1 which, if accepted, would negative the necessity of any receiver, M.................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor....... 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he brought up from childhood and spent considerable amount of money over his marriage, but also managed well the property left by his father. Due to his single ..Category: Property Law | Date: | Hits: 45
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to another ves......ppellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to a......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....A of the State Acquisition and Tenancy Act, 1950, would be allowed in a case, where the plaintiff's possession in the land in question is based on unregistered Pattannamas and Dhakhilas, claimed by the plaintiff to have been granted by owners thereof. 5. Mr. Moksudor Rahman, l....... For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed…………&hellip......emption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed……&hell......n was that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in money execution case, the mortgagor's right to redemption came to an end and the auction pur&s..Category: Property Law | Date: | Hits: 35
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