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Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......withdrew the excess payment amounting Tk. 39,09,358.00 though the entire goods under the contract were not supplied to the consignee. The suit was, therefore, liable to be dismissed, and there was no question of filing the arbitration agreement in Court. The learned Subordinate Judge decreed the sui..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56........ According to this provision, income tax shall be payable by an assessee, under the head ‘income from property’ in respect of the bonafide annual value of property consisting of any buildings or lands appurtenant thereto, of which he is the owner. Under sub-section (9) of section 9 it has been ....... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ssessee-appellant preferred a Reference application under section 66(1) of the Income Tax Act, 1922, before the High Court Division, being Reference Application No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circum..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......Tenancy Act, 1950. 2. This question has arisen in a pre-emption, namely Miscellaneous Case No. 306 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-....... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......dent No.1. Civil Appeal No. 82 of 1981. (From the judgment and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgment Shabuddin Ahmed J.- The question raised in this appeal by special leave is whether the transfer in favour of Co-sharers whos..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ide. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......as set aside and the Court directed the Munsif to recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
.... for breach of a covenant. The plaintiff obtained judgment on 4th July. On the 4th of August, the defendant appealed. Stay of proceeding was granted and continued so that the plaintiff never obtained possession. On the first of January, 1882 the Convancing and Law of Property Act 1881 came into oper......nded section 223-A of the Government of India Act, 1935 and Article 170 of the Constitution of Pakistan, 1956. Under these provisions Provincial High Courts were empowered to issue writs, known in England as the High prerogative writs, namely, writs of mandamus, certiorari, habeas corpus, prohibitio......bate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......CJ.- When the following civil appeals and petitions for special leave to appeal, namely, C.A. No. 90/81, C.A. 34/82, C.P. No. 30 & 31/82, C.P. No. 9/81 and C.P. 68/82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. T..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....t the place of occurrence on 13.11.1998. Only P.W. 3 and 4, who were the police personnel’s in their deposition stated that on suspicion they challenged the appellants and found Molasses from their possession and after breaking the cube/ balls of molasses they recovered phensedyl. 16. P.W.3, 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: ......end 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: ......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
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......lls……....Appellant Vs. Commissioner of Income Tax…………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bak......eferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal rejected the appeal upholding the assessment order of the Sales Tax Officer. 4. In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the fac..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... 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. ...... 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. ......neous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......secuting the Miscellaneous Case at this stage as the matter is sub judice before the High Court Division" and stayed the Miscellaneous Case and further liberty was given to the parties to raise the question of maintainability of Miscellaneous Case. Another prayer was made on 26-6-76 for hearing ..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.
......n the paddy cutting case brought by Siddique Ali. The accused persons however returned to the courtyard of Faizulla which is on the south of the courtyard of Osmanullah intervened by a vacant bhiti land belonging to the latter and a pathway on the south of the bhiti. Soon thereafter another se....... 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.
......der section 302 and not 304 Part 1 of the Penal Code. To appreciate the submission of the learned Deputy Attorney-General relevant finding of the High Court on the issue may be set out:
“Now the question is whether the materials on record warrant conviction of appellant Siddique Ahmed under s..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... of 2005 discharging the Rule. 2. The facts of the case, in short, are that the petitioner filed an application on 20-10-2003 before the Chittagong port Authority-respondent No.2 for leasing out land measuring 50,000 square metre open space outside port protected area at 'X' and 'Y' shed compou......, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....vant for our consideration which read as follows: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1972, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowabl......this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that ......ported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, 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..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....intiff a party to the suit and on the basis of a forged solenama. The defendants denied the plaint allegations and claimed that the land was settled with defendants 1 and 2 by Hemangini. They claimed possession and asserted that the earlier suit was bonafide and the solenama was genuine. They, howev......h April,1977 passed by the High Court of Bangladesh in S.A No. 1050 of 1965) Judgment Kemaluddin Hossain J.- Defendants are the petitioners. Dispute arose between parties regarding the suit land which comprises an area of 1.17 acres, situated within the Barisal Municipality with a two-st......ions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... was a forged one. 3. Both the Trial Court and the first appellate court found the Power of Attorney in favour of Md. Hanif was a forgery, in that, his name was subsequently interpolated. On the question of the Sale decree in the earlier to Title Suit No.72 of 60, the two Courts came to conflic..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ...... Ed. This Case is also Reported in: 52 DLR (2000) 666. ......e, Advocates - For the Appellant. Faruque Ahmed, Advocate - For the Respondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the......Insurance. 6. We have also gone through sections 45 to 47L of the Act which are relevant for the disposal of the appeal. Under section 45 of the Act, no policy of life insurance shall be called in question after the expiry of two years from the date on which it was effected by the insurer on the ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Article 66 of the Memorandum and Articles of Association of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved without ad..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......sity is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......ty-five representatives of senate by the registered graduates, is not maintainable in law, as section 46(17)(ii) of the First Statutes of Dhaka University provides that no election shall be called in question except by an election petition. It is also not maintainable as Article 52 of the Dhaka Univ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....arge created in question is not a mortgage. Not a pledge strictly. Such charge is known as hypothecation. Hypothecation is for general understanding a mortgage of movable property without delivery of possession. Such charge created is equitable i.e. not by any express enactment but by equity and rea......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... Islam Steel Mills……………Respondents Judgment 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 ......the cause of fire does not, in any way, offend the warranty ‘Y’. 32. With regard to the breach of warranty ‘X’, Mr. Baset Majumder, learned Counsel for the respondent submitted that in the questioned averment it was meant to say the Mill was in running condition. That does not mean that a..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... 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. ...... 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. ......oners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit......ormance of Contract as they have not come before the Court with clean hands since the date of execution was found to have been fabricated by way of eraser and interpolation by the plaintiff. 7. On question of limitation Mr. NK Saha the learned Advocate for the opposite party has pointed out from ..Category: Property Law | Date: | Hits: 55
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: ......Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been heard in presence of both the parties and now......: ......t appears that the plaintiff relied on the certificate issued by the Narayangonj Chamber of Commerce, Exhibit 7. Although the propriety of Exhibit No.7 was challenged by the defendants but so far the question of ascertainment of the price of the cargo at the relevant time, the learned Senior Advocat..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......n submitted that since the victim was not been recovered as well as not a single witness deposed in favour of the prosecution side that they have seen the victim to go with the accused appellant, the question of kidnapping the victim by the appellant was not been established in this case. Now, we..Category: Criminal Law | Date: | Hits: 60
Yasin Hossain Vs. State, 2011, 40 CLC (HCD)
....lant was arrested on 24.04.2007 and moved for bail but failed, then he preferred the instant appeal. 4. The learned advocate appearing for the appellant submits that nothing was recovered from the possession of the appellant and the appellant did not know anything about the alleged occurrence and......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 65
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