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Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......) of the Income Tax Act the following question was considered by the High Court Division: "Whether in the facts and circumstances of the case, the Tribunal was legally justified in holding that the receipts of Tk. 1, 50,000/-as compensation was revenue receipt and not capital re..Category: Fiscal/Taxation Law | Date: | Hits: 84
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....guishing the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... Debia Vs. Mothooranalh Acharjo 13 Moo Ind. App. (PC) 270 and Palaniappa Chetty Vs. Devasikamony Pandara, AIR 1917 PC 33. 15. In the instant case if the appellant's case is believed then the disputed settlement was accompanied by the receipt of a kabuliyat, the granting of a patta and fixa......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....liyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besides the undisputed Mortgage Deeds and Sale Deeds in favour of Alfazuddin. On consideration of these mate......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... of Subordinate Judge Mymensingh, against the defendant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishi..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ession against each plot by virtue of the purchase by the sale deeds dated 8.2.65 and 10.2.65. In that way the defendant No.1 has managed to bring under his control about .13 ½ sataks of land in the disputed locality. The remaining lands besides the land covered by the Madrasah house the defendant ......risdiction, fraudulent, malafide, concocted, made not in good faith brought about undue influence and fraud be passed.” The learned Counsel submitted that the Subordinate Judge was right in holding that "the Civil Court has jurisdiction to enquire if the requisition in question is for publ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ast of the hut of Idris. Parties to the quarrel over this land were the appellant’s on one side and one Khursheda, daughter of Hatem Haji on the other. Idris to whom Khursheda gave the borga of the disputed land was caught in between. Khursheda is alleged to have purchased the disputed land from o......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......oned. The Company had its first Annual General Meeting which was; it was claimed, held within the statutory period. The Company Judge had no jurisdiction to call the meeting or give any direction for holding the meeting once again. It is also beyond the jurisdiction of the Company Judge to direct th..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ...... the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Appeal No. 17 (C) of 1982, the learned Judges of the High Court Division dismissed the suit upon holding that as respondent Nos. 1 (c), 1(d) and 1(e) were not parties to the agreement of sale-the..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....' and directed a fresh election there keeping undisturbed the results of the two other Polling Stations 10 that those result could be added to the result to be obtained from the fresh election in the disputed Polling Station for final determination of the question at to election of Chairman of the U......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......(pre-emptors) claimed to be co-shirring in the land by purchase. This claim was resisted by the transferees including the appellant, mainly on the ground that the Pre-emptor was not co-sharers in the holding. The appellant one of the transferees 'however’ made an alternative prayer to the effect t..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they hav......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......n or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed no error in holding that there was no illegality in the trial without the aid of the assessors as because the tr..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....act was upset in the Revisional jurisdiction. Rule as to concurrent finding of fact is not so rigid that it might not be departed from if such a state of things existed as facts appearing from some undisputed document which are completely destructive of the finding of fact by the Courts below. AIR 1......ion at the right moment, and the Salimabad hat is running under management of the Government who leased out the tame as a Government but I do not like to interfere in the matter at this stage. But as holding of the new hat on the same day on which the old hat also sits is seriously affecting the old..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......nt and sub-let the premises and was a defaulter are finding of facts. As for the third point, namely, whether the agreement is void Mr. Khondker argued that the learned Single Judge erred in law in holding so. 8. The trial court had found that the tenant was a defaulter the revisional court cam..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....uld not be punished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any conte...... the station with intimation to the contemner because he is a second class Magistrate. The feeling that flows underneath is that the contemner is a first class Magistrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after in..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......pointed by the Election Commission. Article 28 provides for transfer of an election petitioner from one tribunal to another tribunal by the Election Commission. Article 29 lays down the manner of holding the trial of an election petition including the hearing of an appeal from the decision of ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....i is Ext.5 and he deposed on 26.4.66 just about two months after death of Zohura Begum. In his evidence he did not say a word that Khorshed Alam was his adopted son. Though in cross-examination he disputed the genuineness of the Hiba-bil-ewaz Ext.H. Khorshed Alam deposed as defendant and stated t...... of this Court's earlier judgment in Civil Appeal No. 27 of 1975, reported in 29 DLR SC 295. Both the trial Court and the lower Appellate Court, on a concurrent finding of facts, decreed the suit holding that defendant-appellant is not a legitimate son of Amir Ali, and the learned Single Judge ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... of grudge. The trial court observed: "P.W.1 the plaintiff No. 1 has clearly stared in cross-examination that the defendants alleged first schedule land of W. S. does not appertain to the disputed lands." Accordingly it excluded the first schedule land by observing: "Thus ......on and the Pleader Commissioner allotted the said land to the plaintiff and the final decree was pasted thereon. The contention of the learned Counsel was that the High Court Division erred in law in holding that the preliminary decree cannot be corrected and modified in the appeal against the final..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......in possession of the suit land and the suit is, therefore, liable to be dismissed. 5. Trial court dismissed the suit First appellate Court allowed the appeal in part (O.S Appeal No. 387 of 1961) holding that the sale was without jurisdiction and void but that the trial Court's finding of posses..Category: Fiscal/Taxation Law | Date: | Hits: 80
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