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Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....l police station the receiver. The police report disclosed that both the parties were in a state to break the peace over the harvesting of paddy grown there. All the Courts below have rejected the claim of the appellant for either dropping or cancelling the 145 proceedings already drawn up. ...... in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Suit No 72 of 1975 in the Second Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, who are second party in the ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....filed his return disclosing the income which showed the dividend received from W. Rahman Jute Mills, an undertaking which was enjoying tax holiday under section 15-BB of the Act. The assessee claimed that these dividends were exempt from tax in his hand also but the Income Tax Officer rejec......exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act the dividends as income received by the assessee for the assessment year 1967-68. 3. The assessee preferred an appeal against this ord......f Province, a local authority and every other artificial juristic person. 6. "Assessee” is defined in section 2(2) which means a 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: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
.... Dum Dum Road, Calcutta were the paternal houses of the defendant and when her sisters wanted to transfer their shares the defendant purchased the same with her own money. Similarly, the defendant claimed that she also acquired the interests of her brothers Wazidur Rahman and Mazidur Rahman for ......ose of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedul......'s case in short is that he married the defendant in 1933 but had no issue. On June 6, 1945, the plaintiff purchased the premises No. 207A, Park Street, Calcutta for Rs. 36.750/- with his own money, and the kabala was taken in the name of his wife, that is, the defendant. The plaintiff purc..Category: Property Law | Date: | Hits: 448
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....se order was passed by the Area Committee the character of the surrendered demonetised notes was completely changed and it became equivalent to the exchange amount of the depositor. Respondent is not claiming the demonetised notes. What he is claiming is the payment of the exchange value of notes su......pondent surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. T......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......ted 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgment: K. Hossain CJ.- This appeal by special leave at the instance of the tenant arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..Category: Tenancy Law | Date: | Hits: 116
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....vely for the purpose of making illegal gain of the valuable Government property at a nominal price of Tk. 3,00,000.00 only. 6. The appellant in his application before the High Court Division claimed that Abdul Khaleque Bain is a national and permanent citizen of Bangladesh and he never le......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su.......1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/‑being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works coul..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......elief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is pa...... the findings of the first Appellate Court but refused specific performance of the contract in exercise of his discretion under section 22 of the Specific Relief Act and ordered refund of the earnest money and a solatium of Tk. 5,400.00, in all Tk. 10,000.00, to the plaintiff. 3. Khondkar Mahbub..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....rectness of this stateÂment was also not challenged in cross-examinaÂtion. 26. Muhammad Mazaz, son of Allah BaÂchaya himself gave evidence in this case on behalf of the plaintiff as P.W. 1. He claimed that he belonged to the same family as that of the deceased Abdul Aziz and also worked as th......7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....ing the observations referred to above, the learned Judge of the High Court does not appear to have taken into consideraÂtion two broad facts ; firstly, that the payment was made not simply upon the claim for the amount made in the voucher but upon the recommendation made on the voucher itself by t......n that the conviction was altered to a conviction under section 420 of the Penal Code. The senÂtence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case aga......de payment of Rs. 2,400/-. Subsequently on the basis of complÂaint filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sinkÂing the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....previous order. Defdts. are found absent on call. Hence the suit is taken up for ex parte hearing. P.W. 1 Abdul Wadud is examined. Documents are marked Exts. 1, 2, 2(a), 2(b), 3-3(j) for the plff. claim is proved. C. F. are correct. Ordered That the suit be decreed ex-parte with cost for R...........Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree wit......, 3-3(j) for the plff. claim is proved. C. F. are correct. Ordered That the suit be decreed ex-parte with cost for Rs. 1, 72,317.70 only towards the balance dues including security deÂposit money plus Rs. 27,250/00 as comÂpensation. The defdts. are allowed 90 day's time to satisfy the de..Category: Others | Date: | Hits: 103
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....High Court made an order restraining the defendant:— "from- realising Rs. 15,000 from the Karachi Stock Exchange Ltd., or a lesser amount that may be with the Karachi Stock Exchange Ltd., claimable by her on the date of this order''. (The rest of the order is not relevant for the...... Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....hortage of Rs. 2,624-2-0 did not include the alleged advance of Rs. 1,300/- to Mr. Rahman Ghani. It is an admiÂtted fact that Mr, Rahman Ghani was under order of transfer to Lahore in March 1958. He claimed Rs. 1,500/- as advance T. A. and one month's pay which was sanctioned on 15-3-58, but he cou......nancial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail ......ct-matters of the charge against the appellant. In the audit report, the cashier, the Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in conÂtravention of the financial rules. After the receÂipt of this report, prosecution was..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....efendant No. 2. 2. Although it was averred in the plaint that the loss caused to the plaintiffs by the death of their daughter could not be compenÂsated by even a lac of rupees, yet damages were claimed not only by way of solatium for the grief caused to the plaintiffs by the loss of their only......mpensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through t......given the basis upon which it had assessed the damages at Rs. 10,000/-. 10. The High Court repelled both these contentions and held that under section 1 of the Fatal Accidents Act the "earning of money by the deceased before the date of his or her death, is not the foundation of an acÂtion unde..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....not bona fide purchaser for value without notice of any mortgage in the municipal sale and that he made the purchase in the benami of defendant No. 5. He denied any collusion with defendant No. 1 and claimed that he had acquired the property free from all encumbrances. His defence further was that t......ovember 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a va...... 1885, thereÂupon, be a first charge upon the said holding". The sale for arrears of municipal tax was held under section 525 of the Bengal Municipal Act which provides, inter alia, that if money be due under this act in respect of holding from the owner thereof, on account of any tax, and..Category: Banking Law | Date: | Hits: 230
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....eipt of the records from the court and also holding that in case of failure the suit shall proceed. 2. The appellant filed the above Money Suit No.1 of 1992 against the respondent Nos.1-6 claiming from them Tk.89,20,459.98/- as compensation stating, inter alia, that in December 1983 the......te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ......lication of Article 15 of the Internal Rules. The ICC Accounting Department has already returned U.S. Dollar 1000.00 to the plaintiff claimant and U.S. Dollar 1740,00 to the defendants. The above money was found to be refundable to the parties as being in excess of the fees, costs and remune..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....f the case, namely, title by adverse possession, a few facts may not be lost sight of. Adverse possession implies that it had commenced in wrong and is maintained against right. The plaintiff has claimed to have his entry into the disputed land under an agreement of purchase with defendant N......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the......s transferred the suit land in favour of the plaintiff on the basis of receipt which was written in presence of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....osque applied to the Administrator of Waqf for being appointed as Mutwalli of the Waqf Estate. Halima Khatun, a daughter of Afia Khatun by her former husband, also applied for the Mutwalliship. Her claim to Mutwalliship was claimed to have the support of 36 Musollis. In her application she alleg......lip;….(7) (ii) The court is obviously to look in to the attending circumstances of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md Anwar ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement operation. The pre-emptees denied the claim of the pre-emptors that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah and that K......49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
....rit petition emphatic and expressive has filed Annexure-D (Map) in the Additional Paper Book. The sole purpose, as appears to us, of filing the said Annexure-D is to substantiate respondent No. 1’s claim that the occupants of the Society’s land measuring 4.64 acres have been evicted from the plo...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
â€...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... the insertion of carefully prepared recitals. Under ordinary circumstances and apart from statute, recitals in deeds can only be evidence as between the parties to the conveyance and those who claim under them.” “If the deeds were challenged at the...... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel......lso the case of the plaintiff that Balaram’s financial condition was sound and that he did not leave any debt at the time of his death, but by making untrue statements as regard necessity of money for the purpose of repayment of debts, and to meet the expenses of offering of ‘Pinda&r..Category: Property Law | Date: | Hits: 47
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