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Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....p; land. The defence denied the allegations and their case was that Shahjahan Mia - possessed the land and the paddy which was cut and taken away by the accused-petitioners was grown by them in the disputed land which belongs to them and that they were falsely implicated in this case out of grud...... The order of conviction and sentence against the accused-petitioners was set aside, they were found not guilty of the charge under section 379 of the Penal Code and the Rule was made absolute holding, inter alia, that the accused-petitioners had a bona fide claim of right to the land in que..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ment from selling the assets of the Company. On consideration of the affidavits filed by parties, the High Court Division upheld the contention of the respondent No. 1. 4. The facts stated are not disputed. The only question that requires consideration is whether the Company is an "abandoned prop......ent-Appellant has contended that the learned Judges of the High Court Division misconstrued the provisions of Articles 4 and 8 of the Order. His main attack is that the learned Judges were wrong in holding that the formation of the opinion of the Government and show cause notice on the owner are n..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......tral Board of Revenue moved the High Court of East Pakistan in Writ jurisdiction for a declaration as aforesaid but the High Court by its order dated 1-12-1969 rejected the Writ petition summarily holding that the Stockinet’s which were being manufactured by the petitioner were not for the..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....arty to the suit and the question raised were not questions in regard to the execution, discharge or satisfaction of a decree, section 47 had therefore no application. 13. It can hardly be disputed that the order of preemption under execution is not a decree. It cannot also be denied tha......ncy Act will be leviable by execution in a Civil Court in view of section 36 of the Code. In Ram Taran Vs. Sukumai Debi 5 D.L.R 351, Guha J, held that an order of division of lands of a tenure or, holding under section 88 of the Bengal Tenancy Act is an order of a civil court within the meaning ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
..... 3. The suit was contested by the defendant who, by filing a written statement, denied the material allegations made in the plaint and asserted that he had been in forcible occupation of the disputed premises since February, 1948 and that such adverse possession had ripened into valid title......o which the defendant filed on 19-5-62 a written objection, which was marked Ext. 9 wherein for the first time it was asserted by the defendant that he was not a tenant but a trespasser in the suit holding and that he had acquired valid title to the disputed premises by adverse possession and that..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land along with some other lands for the maintenance of a mosque situated at the home......the previous possessor without any breach in continuity and that will depend upon the facts of each particular case. 19. He also contends that the court of appeal below was in error in holding that Noabad taluk is a temporary settlement whereas the true position is that the rent..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....on Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plaint. It has been alleged in the plaint that the disputed properties originally belonged to one Kasturi Chand Bermecha, the predecessor of the plaint......eiver is a party to the suit. 19. The Allahabad High Court has, on the other hand, took a contrary view in the Full Bench case of Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495 in holding that the words any person' in sub-rule (2) were wide and comprehensive enough to include bot..Category: Property Law | Date: | Hits: 93
.... the plaintiff succeeded in obtaining a decree for their eviction in Title Suit No. 5 of 1947. Out of spite for eviction, the defendants dispossessed the plaintiff by dismantling collie huts on the disputed lands in May 1955. Hence the suit.
2. The appellant, who is defendant No. 1 alone conte......his inherited tenancy right from his grandfather Ramzan. Alternatively, he asserts that the suit is barred by adverse possession.
3. The learned Subordinate Judge who tried the suit dismissed it, holding that the plaintiff failed to make out his title, and that the suit was barred by limitatio..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ch 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidate......idity of the election of a returned candidate and pray that some other person has been duly elected to the office. In such a case tie election as a whole is not set aside and there A no necessity for holding a fresh poll for the purpose of an election to the disputed office, under clause (b) of rule..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......p; As has been noticed above, a proper order of attachment in such a case is to be made under Order 21 rule 46 (l)(c) of the Code, and that is to be made by prohibiting the person holding the deposit from giving it over to the judgment-debtor. Such a prohibitory orde..Category: Civil Law | Date: | Hits: 103
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ciation in respect of the plant and machineries which are not installed in Pakistan. 6. The Tribunal rejected the applications and refused to refer the question to the High Court holding that the same question was considered in the case of American Export lines and that&nb..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......llowed the sum of Rs. 11,563/- now in dispute, spent on mosaic flooring on the ground that it was an expenditure of capital nature. On further appeal by the assessee, it was allowed by the Tribunal holding that the amount came within the expression 'current repairs' as contemplated in section 10..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... were impleaded only to meet the objection raised on behalf of the opposite party and that nothing had been proved on the side of the opposite parties that the said persons had any interest in the disputed lands or in the contiguous lands. 7. The High Court of Dacca was moved against the......nnot be determined without considering the rights of others. The principles of Order 1, rule 9 of the Code cannot be made applicable. In the circumstances, it cannot be said that the tenants holding lands contiguous to the lands transferred are not necessary, parties as they are persons w..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....ce. It is a question of fact and will be determined on the facts of each case, and no hard and fast rule can be prescribed. If the ballot papers produced are sufficient to adjudicate the disputed claims between the rival candidates, the Tribunal can proceed to decide the issue between ......ut all papers were not sent, some were sent in very bad packing. The Tribunal felt sore about the callous manner of preservation of ballot papers and want of co-operation of the authority. The withholding of some ballot papers has resulted in the appellant missing 97, and respondent 826. And thi..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ntiff appellant, Golam Hafez Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certific..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......te between the panics, to consider the materials on record, conclusions reached by the Magistrate and to scrutinise judicially materials on which these conclusions are based, he cannot be viewed as holding a departmental inquiry, It was held that as he fulfils these well-known characteristics of a..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ended to be included in the Kot-mortgage. This case of the plaintiff gets support from the findings of their Lordships of the erstwhile Supreme Court as quoted above. 8. It cannot, therefore, be disputed that the learned Judges of the High Court correctly interpreted the order of remand that vi...... such as are not covered by the decision already given by this Court." 5. Mr. Mozammel Huq, the learned Counsel for the appellant contended that the learned Judges of the High Court erred in holding that the Supreme Court had virtually decided the case and that the remand was made only to d..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
..... One of the basic principle underlying the judicial procedures followed in this country is the conclusiveness of the final decision of a Court in a suit or other judicial proceeding relating to a disputed question of right so far as the parties to the said suit or proceeding are concerned subje......fect a valuable right of a person acquired under the law of the country, must be exercised judicially and for the said purpose, the Court must be satisfied that there are very good reasons for withholding from the holder of the decree the fruits thereof, even though for a temporary period. The f..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......ssain J: The petitioner is a dismissed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two counts and dismissed after holding a domestic enquiry. His petition before the Labour Court and thereafter a writ petition to ..Category: Labour and Industrial Law | Date: | Hits: 151
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... down by the Supreme Court of India set' out above. That the appellant as an Assistant Registrar of Co-Operative Societies, Chittagong was an officer of the Government cannot and has not been disputed, and so he is a public servant under section 21 of the Penal Code. 10. A reference ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
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