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Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....nthly rental of Tk. 40/-. The suit was instituted after determining the tenancy by serving a notice under section 106 of Transfer of Property Act. The respondent filed writtÂen statement denying the claim of the appellÂant but he ultimately did not appear on the date of hearing of the suit on 12-9......¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte dec......t's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complies with direction within the time given by t..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....defendants 1, 3 and 4 who thereafter sold a portion thereof to the other contesting defendants and  that they were possessing the land. 3. With regard to the 'Ka' schedule land, the plaintiff claimed that he took settlement from the Bhattacharjees by Exts 1 and 1 (a) which have been concurre......High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticated by an ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acr......;desh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly ap......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....hen the right to apply for restitution accrues. The question considered was whether, by the plaintiffs appealing from the decree of the District Judie (first appellate court) the defendant's right to claim restitution was suspended or the doctrine of suspension is applicable in such a case. In the o...... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule......an application for restitution is much wider than that of an application for execution in that the Court on an application for restituÂtion, may allow, besides restoration of a proÂperty, refund of money, payment of compenÂsation, damage and mesne profits, where the executing court will only exec..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....nted, it-v would be produced for registration of the sale-deed. On December 9, 1964, defendant No. 2 came to the plaintiff's village and demanded possession of the property transferred to him claiming that he purchased their land on the basis of the kabala executed by them. The plaintiffs r......agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions invol......nt No. 2 and told him that they never sold their land to him; and that they never executed any kabala in his favour, but he would not listen to them saying that he paid the consideration money of the kabala to defendant No. 1 for paying to the plaintiffs. They immediately filed pe..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....Additional Sessions Judge, who heard the matter, refused to refer .it to the High Court Division taking the view—which is obviously erroneous— that "as the second party do not claim possession of the land the order will not be harmful, and that the order is also adminis......t Division was well founded in law in refusing to interfere with an order of Magistrate made under section 107 of the Code of Criminal Procedure, directing the appellants to execute "bond for good behaviour," but without complying with the provisions of section 112 of the said Cod......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....and in due course the smugglers were convicted and sentenced by a competent Court of law and the seized articles were confiscated to the State and handed over to the Bangladesh Bank. The respondent claimed reward under rule 2 of the Resolution at the rate of 20% of the realised value of the gold ......80. Judgment: Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....ladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and it plies ships from and to ports in Bangladesh. During the assessment year 1968-69 the Assessee Company claimed depreciation on the value of the three ships, namely 'Hugh Everett,' Murray Everett&r...... depreciation on the value of the three ships, namely 'Hugh Everett,' Murray Everett’ and 'Monolo Everett'. The Company claimed additional depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income-tax officer refused such additiona......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....al by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 1951 raising the question as to whether the assessee is entitled to claim adjustment on refund of the sales- tax paid by him at the stage of importation of raw mate&s......roducts. 2. The appellant is a manufacturer of washing soap, and since 1-7-66 is a licensed manufacturer. The assessee filed sales-tax return showing consolidated turnover at Rs. 14, 52,455/ for the four quarters coding on 30th June, 1967. The Sales Tax Officer, however, determined th......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....eld many important posts both before and after Liberation of Bangladesh it eluding the post of Secretary in a number of Ministries, and at the relevant time he was Secretary, Ministry of Textiles. He claimed to have an unblemished record of service all along which claim was not disÂputed by the app...... attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh ParÂliament by virtue of Article 65 has plenary or ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....of Bangladesh or any corporation constituted under any law for the time being in force and every person who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Government. Article 6 reads as under:— ...... Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others…………………………&h......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....sion of the defendant for construction of the shed is prior to that of Jainab Bibi. Oral evidence was considered and the conclusion was that there was no disinterested witness to establish the claim of possession of the plaintiff in the disputed land. Exhibit C which is the judgment in objec......dash;This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....he order of the High Court was refused on 13-11-65. In this background the Income Tax Officer made the assessment for the assessment year 1962-63. 5. The Company Judge decided that the claim is not maintainable and rejected the claim of the Commissioner of Income Tax. It was argued b......passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968. 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-63 demanding Rs. 11,98,326/- as tax from the Official Liquidator, Dacca Ele......comes an assessee. The expression "assessee" is defined under section 2(2) of the said Act:— "an assessee" means person by whom income tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceeding under ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
.... rebutted. There is no evidence on the side of the plaintiff to prove service of the registered letter who acknowledgment due. We have also not find the defence evidence that the sigÂnature was disclaimed to be of anybody of the office of the defendant vide D.W, 3. In such circumstances it was ......t of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The appellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of deÂfault and bonafide requi......ten statement that he was not a defaulter as the rent due for the month in question was tendered by him but the appellant refused to accept it. The respondent thereafter remitted the amount by postal money order which was also refused by the appellant. Since then he has been depositing the rent with..Category: Tenancy Law | Date: | Hits: 67
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents filed the pre-emption cats. Misc. Case No. 3 of 1971 in the Court of Munsif, Sylhet claiming that they are owners of a land which is contiguous to the 'land transferred'. The petition......n in Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Secti......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......Appeal No. 4 of 1979 which was preferred by the appellant against the Judgment of the Judge, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedi......ence was made to certain relevant Rules under Order XXXIV of the Prize Court Rules, 1939 which are quoted below: "(1) Any application for distribution or investment of such money shell be by motion (2) ... (3) The Judge may, if he thin..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... restored to file and it is now pending before the trial court, namely, 3rd Court of Munsif at Comilla. The appellant-pre-emptee filed in the meantime, an application under section 144 of the Code claiming restoration of possession of the land to him in view of the fact that the order for pre-em......Civil Revision No. 1034 of 1980). Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of the Code ......n application under section 10 of the Guardians and Wards Act, 1887; maintenance was accordingly paid but after a few years that order was reversed whereupon he prayed for recovery of the money already paid invoking section 144 of the Code. The High Court held that section 144 of the Co..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....tion. The authority cannot proceed to decide the question posed for its determiÂnation on grounds of expediency. The statute empowers the Central Government to decide the disputes arising out of the claims made by the transferor or transferee, which claim is opposed by the company and by rendering ......s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......nged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the presc......elated to the appointment of his son as Additional secretary of the Union Parishad without consultation with other members of the Parishad Respondent No. 1 was also alleged to have misappropriated money on different items and that due to age and ill health he was no longer capable of functioning..Category: Employment/Service Law | Date: | Hits: 100
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....ing a bank guarantee for Tk. 30,00,000/-. Accordingly, the High Court Division directed that the decretal amount as covered by the Bank guarantee be released by encashing the guaÂrantee. The counter claim by the defendant for demurrage amounting to Tk. 93,00,000/- lac was rejected as the defendants......e of arrival of the ship was 27th January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was not the salt which he contracted for and the salt was clogged. The dispute centred round this point. Eventually, the salt was unloade......ble for the damage under section 6 of the Act. In the case of North Port Code Vs. Owners of Henrich Bjorn, 1886, Appeal Case Vol. 11 p. 270. The House of Lords considered the claim for necessaries or money advanced to purchase necessaries. It was held that, that does not give any lien under section ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
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