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Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......s to applicability of rule 32, there are two decisions of our Court, namely, 16 DLR 61 (Barhanuddin Ahmed Vs. Veda Brata Chakraborty) and 33 DLR 207 (Moyna Mia Vs. Haji Abdus Samad) holding different views and an obiter dictum in 13 DLR 531 (Saleh Ahmed Chowdhury Vs. Kabir Ahmed) expressing the same..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
..... 15. Thus we arrive at the conclusion that the learned Additional Sessions Judge erred both in law and facts in convicting and sentencing the accused appellants and his finding as quoted above is erroneous. 16. In the result, this appeal is allowed. The impugned judgment and order dated 27.9.......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......arty Nos. 1 and 2 brought Title Suit No. 138 of 1985 in the 6th Court of Munsif, Dhaka for declaration of title in respect of Schedule A property, and the suit suffers from formal defects and in that view of the matter, the plaintiff Nos. 1 and 2 have instructed to file an application under Order XX..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......: “Records show that although the appellant-Company disclosed not book‑losses in all the years under reference, the DCT, nonetheless, computed net income in each of these years. This, in our view, turns the table completely against the department. Since the department itself has computed pr..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......ices and in that process the delay occurred. In support of his contention he has relied on the decision in AIR 1987 (SC). In that case delay of only 4 days occurred. So their Lordships took a lenient view of the matter. Another decision on which the learned Deputy Attorney‑General relied is report..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ...... sustainable in law. The plaintiffs being mere lessees under the Government in respect of the enemy property from year to year cannot, in my opinion, obtain a decree for permanent injunction. In that view of the law I hold that the judgment of the lower appellate Court does not suffer from any error..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... decree passed on compromise was a final decree, there is no scope for making the decree final again and in that view of the matter I find that the order of the learned Munsif dated 25‑8‑1984 was erroneous. The learned Munsif committed an error of law by refusing to vacate that order by the impu...... the parties got the land of their saham demarcated by posting pucca pillars. Since the decree passed on compromise was a final decree, there is no scope for making the decree final again and in that view of the matter I find that the order of the learned Munsif dated 25‑8‑1984 was erroneous. Th..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... the petitioner is that he was a Deputy Director of the said Board and now is not in service. As Deputy Director he has vast experience and can contribute to the works of the Board and in that end in view he desires to be listed as contractor with the respondent Board. But in order to deprive him fr..Category: Constitutional Law | Date: | Hits: 187
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......xecuted on 24.11.79 and registered on 23.7.81 and that the deed of gift having been executed on 23.7.81 i.e. prior to the filing of the pre‑emption case there is nothing left to be pre‑empted. In view of this fact the pre‑emption case is not maintainable. 7. Both parties led evidence in sup..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......hat the proposed amendment would change the nature and character of the suit and that the amendment was sought for to overcome that bar of limitation in respect of the claim of about Taka four lac in view of the assertion that the Insurance Company was liable for the claim as the exported goods were..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ...... the State Acquisition and Tenancy Act having no retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ior to him. The other officers who had been senior to him had either retired or had been promoted to other posts. Mr. Manindra Kumar Roy also filed an application for voluntary retirement and in that view of the matter, the petitioner claims himself to be the senior most officer in the Bangladesh Ci..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......d to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view of section 20 of the State Acquisition and Tenancy Act, 1950. The owners made an endeavour for ..
Category: Procedural Law | Date: | Hits: 68
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. ......ator was to be appointed by the Secretary of the Ministry of Commerce according to the Arbitration clause of the agreement but, according to the plaintiff-respondent, this provision was optional in view of section 20 of the Arbitration Act. The question, therefore, arose whether the learned Judges..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ibunal’s order: “(i) Whether on the facts and in circumstances of the case, the Appellate Tribunal was right in holding that the original order of the Income Tax Officer dated 27-1-75, was erroneous insofar as it was prejudicial to the interests of revenue and that the Inspecting Joint Co......far as the provision of section 34A of the Income Tax Act is concerned the Inspecting Joint Commissioner of Taxes has wide powers to pass any order as the circumstances of the case may justify and in view of the aforesaid provision of law, did not commit any illegality in directing fresh assessment ..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. ......me co-sharer in the tenancy by purchase from one of the three original co-sharers and that on his death hit share devolved upon his sons who are the appellants. The learned Subordinate Judge took the view that though the pre-emptees inherited from their father, but their father did not become co-sha..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. ......ection was filed against the said report of the pleader Commissioner the preliminary decree was made final on 6.6.1975. The trouble begins from here. The respondents on 14.8.1975 an application for review of the final decree dated 6.6.1975 under Order 47, rule with section 151 of the Civil Procedure..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....from the Supreme Court the judgment of the High Court Division having reached the finality, is still executable. According to him, the decision of the Supreme Court supporting this proposition is erroneous, and the same cannot be referred to as an authority for the present discussion. The decisi......d 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. The background against which the Proclama..Category: Constitutional Law | Date: | Hits: 181
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. ...... Court in such matters are maintainable under Article 103 of the Constitution without praying for a certificate under section 66(A)2. We accordingly, hold that the present appeal is maintainable in view of the said decision of this Court. 8. Mr. C.R. Ali, learned Advocate appearing on behalf..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....sel. In one case evidence is to be led on the point of non-service of summons or absence due to sufficient reasons, whereas in the appeal the decree can only be challenged on the ground that it is erroneous either in fact or law. The jurisdictions are different. The scopes are different and it i...... the appellant moved the High Court and obtained the Rule in Civil Revision No. 1177/76. A Division Bench of the High Court on consideration of some decisions discharged the Rule agreeing with the view that was expressed in 19 DLR (Dacca) 81: “The view that we have taken amounts to this,..Category: Procedural Law | Date: | Hits: 80
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