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Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....even khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- anna shares each and to Haridas, Aswini Kumar Chowdhury and Benode Behari in -/4/- anna share each; that Chuni Lal sold his -/2/- annas share to petitioner Nos. 1 and 2 by two kabalas on 19th August. 1963, and......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......ed in Miscellaneous Case No. 360 of 1966, Aswini got his jama split up In Miscellaneous Case No. 236 of 1963-66. Benode got his jama split up in Miscellaneous Case No. 273 of 1965-66. 4. The trial Court allowed pre-emption and that order was affirmed by the appellate Court. In revision the......ion (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………&..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....nbsp; M.H. Rahman J. - This appeal by special leave, at the instance of the heirs of the plaintiff, has arisen out of a suit for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit No. 171 of 1969 in the Second Court of Munsif, N......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them. 5. The suit was decreed by the trial Court after finding that the defendants' witnesses failed to prove that Nagar was not the so......vision (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & ot..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....1; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman Co. Ltd. 1980 B.T D. 242; C.I.T. vs. Vazir Sultan & Sons 36 I.T.R. 174; Kelsall Parsons Co Vs. I. R. 21 TC 608; Barr, Crombie & Co. Ltd., Vs. IR 15 ITR 56; CIT vs. South India P......to be a revenue receipt. The view was taken that the assessee was a selling agent and that was his profit making enterprise. The agreement in question had only a year more to run and though the sum called compensation was "really and substantially surrogatum for one year's profits." ...... 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. ......1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C.I.T. 37 I.T.R. 381; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... (Payment for engine and other related fittings shall be made either (i) by establishing bank to bank L/C. or (ii) by rebursement of actual amount after procurement). Sponsors will pay their portion directly to the Builder as per schedule. Payment by BSRS in each ......er Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of Di...... Bangladesh Shilpa Rin Sangstha & others…………Respondent Judgment July 14, 1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: S...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
.... Chowdhury, Sayed Ahmed and Rafiqullah, trespassed into his dwelling hut by breaking open the door and its fencing and started beating him by fists and blows. When P.W.1 raised alarm the accused persons threatened and compelled him to keep quiet and tit at the southeast corner of the hut. The acc......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. ......nch in Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the...... General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....1971, They arise respectively from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void,......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... In the result, the judgment and decree of the learned Single Judge of the High Court Division is modified to the extent that the direction for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no or...... Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherp..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....y (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 145 (PC); Maharanee S. Debya (1869) J3 M.I.A.(270) (PC); Palaniappa Chitty AIR 1917 (PC) 33; Nildari Sahu AIR 1926 (PC) 112; Shibessouree Debya M.I.A. 270; Vidya V.T. Swamigal AIR 1922 P.C. 123; Sridhar Suar AIR 1976 (SC) 1860; Sr......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. ...... as the sebait and that plaintiff No.1 Monindra Lay Roy, in the name of the allegedly constituted management committee, falsely instituted the case for harassing defendant No. 1. 3. The trial court dismissed the suit, but on appeal the matter was remanded for fresh trial for giving an......ip;………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 145 (PC); Maharanee S. Debya ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....ecy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Srischandra Nandy vs. Bajjnath Jugal Kishore 39 CW.N. 352 (P.C.); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A & E 1008(1840). Lawyers Involved: S R, Pal, Senior Advocate, M. H. Kho......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. ......n of their hostile title to the knowledge of all including the heirs of Hedayet Baksha. 5. The trial court on consideration of the evidence dismissed the suit and the finding was that no evidenc......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
.... contended that since Sailendra Nath Basu had no saleable interest the said kabala was fraudulent and collusive and defendant No. 2 has acquired no interest thereunder. The defendants had constructed some pucca structures on the land without the consent and approval of the Municipality. As such the ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......ition of the rent receiving interests the said land vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial court upon consideration of the evidence and facts and circumstances of the case dismissed the...... (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ondent no. 1 who is merely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ide requiring Court's requiring thereof, but the point can only be determined conclusively if after taking evidence, both oral and docuÂmentary, the allegations are proved. This could be done at the trial which, unless the Civil Court had jurisdiction to entertain the suit, could not be held Accord......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....l J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial ......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. ......udgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innoce...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
.... complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the prosecution. ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ode, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witne......quittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of th..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modifications of the orders passed by the learned Company Judge for resolving the matter, such terms of agreement are accepted and order of the learned Company Judge is m...... Before exercising the powers conferred under section 79 (3), the Court must be satisfied that it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agr...... of the learned Company Judge are modified acÂcordingly. 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 ......¦â€¦â€¦â€¦â€¦â€¦...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... Shahabuddin Ahmed J.- In this appeal by special leave the only question for consideraÂtion is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file written statement in a suit...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the ......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. ......ment committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed during trial…………………..(19) Cases Referred to- Bhagwan Singh vs. Ujagar Singh, AIR 1928 P......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
.... with signature of the contesting candidates of their election or polling agents, send the same to returning Officer. (emphasis added). Sub rule (5) says that the Returning Officer shall consolidate in Form L and shall declare to be elected the contesting candidate whom the highest number ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......the petitioner or some other person has been duly elected; or (b) that the election as a whole is void." In this case, the appellant prayed in terms of Clause (a) and the Tribunal after trial made such orders, namely, that the election of the respondent is void and the appellant has be.......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....s now too late to raise this question in giving effect to the condition in the order for rateable since the trial Court acted well within the bounds of law. The High Court Division do not find any reason to interfere with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam ......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......osited under subÂsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determiÂnation in the trial Court. It is now too late to raise this question in giving effect to the condition in the orde...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....f a newspaper can be done as much by the Additional District Magistrate as by the Divisional Magistrate under section 12 of the Act. By virtue of the definition an Additional District Magistrate is also included in the term District Magistrate. The Code of Civil Procedure, 1908 (V of 1908),......e Criminal ProceÂdure Code, which provide: “10.—(1) In every district 5[outside 2[a] Metropolitan Area] the 3[GovernÂment] shall appoint a Magistrate of the first class, who shall be" called the DisÂtrict Magistrate. (2) The 1[Government] may appoint any Magistrate of the fi......Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256..............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The PrinÂting Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ich 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 have purchased the land and had taken lease of some of the property and they had been in possession without any interruption and growing paddy. In ......n in exercise of his powers unÂder section 439A. 7. The points need investigation. Section 439A (1) is in the following terms:- "In the case of any proceeding the record of which has bee n called for by himself or which otherwise comes to his knowledge, the Sessions Judge may exerÂcise ......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 ......so Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....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 trial started after the provision for assessor was withdrawn…………(8 & 10)......m Ordinance 1978, (XLIX/78); here, in after referred to as the Ordinance, came into force with effect from 1.6.79. By this OrdinanÂce, Chapter XXIII of the Criminal Procedure Code, hereinafter to be called the Code, proÂviding for trials before Court of Session has been substituted. Section 268 of......ode of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Procedure ...... The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 45
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