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MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....te‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 of 1988......s (Vol. 1) issued by the authority of the Supreme Court (High Court Division) and relying on the decision of Muhammed Ramjan Sawdagar Vs. AHM Fazlul Huq, 15 DLR 99, allowed the appeal on the terms noticed earlier. 3. Mr. SR. Pal, learned Counsel for the plaintiff‑petitioners, submit......ved: SR Pal, Senior Advocate instructed by Md. Ozair Farooq, Advocate‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by t..Category: Procedural Law | Date: | Hits: 99
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. 11 of ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... by the learned Subordinate Judge, 2nd Court, Chittagong allowing Miscellaneous Case No. 56 of 1979 under Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-responde..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....d. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, Senior Advocate ‑ Amicus Curiae. Civil Appeal No. 33 of 1988 (From the judgment and order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......enant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will of the per...... The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by ei..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal from the judgment and decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 138 of l......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......;This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants th..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......minal Revision No. 516 of 1967). Judgment: Ahsanuddin Choudhury J.—This appeal by special leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966......tences would run concurrently. He convicted the other two accused under section 147 and sentenced each of them to rigorous imprisonment for one year thereunder. 4. On appeal, the High Court noticed that there was no direct evidence that appellant Tozammel fired at the two persons, causing.......—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving t..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....ll the appeals). Not represented.—For the respondent No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No...... these appeals-related to quasi criminal matters and as such are to be disposed of on merits even in the absence of the appellants, namely, Mr. M.A. Zaher and Haji Jalaluddin Ahmed. 7. As already noticed the allegation against Mr. M.A. Zaher and Haji Jalaluddin Ahmed was that they were present i......l Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ocate-on-Record—Respondents Nos. 3(2)-3(7) Ex parte—Respondents No. 3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966). ......tan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Requisition of Property Act as well as a notice for acquisition under section 5(3) of the said Act. 3. An application was filed befo.......—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association r..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....andker, Advocate, instructed by A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decree dated 5-4-68 passed by the Dacca High Court in S. A- No, 218 of 1968). Judgment: D. C......ndents No. 1 and 2 instituted the suit against the appellant and the remaining respondents for a declaration that there was no valid and enforceable requisition and or acquisition or eviction notices as served upon the plaintiffs and that the acquisition was in violation of the order dated ......p;…....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Ab..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....y, Advocate-on-Record -For the Appellant. Md. Hasan, Advocate, instructed by S.M. Huq Advocate-on-Record—For the Respondent. Civil Appeal No. 67-D of 1970. (From the judgment and Order dated 1-5-1968 passed by the Dacca High Court in Income-Tax Reference Case No. 14 of 1966) Judgm......ter kept according to the Government notiÂfication under the Textile" Control Regulations would not be sufficient ground to reject the assessee's method of accounting in such a case." 25. We may notice here another judgment of the Punjab High Court of Indian jurisdiction in the case of Pandit B......g, calendar printing on papers and also printing on tiny. The relevant assessment years were -1956-57, 1957-58 and 1958-59 and the rates of gross profits were shown at 34%, 33.6% and 35% respectively for the said years. The Income-Tax Officer on a consideration of the return filed by the assesse..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment Mahmud Husain CJ.—This appeal......ion misÂconstrued 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 necessary before taking over the assets of the company as abandoned property......is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of BanglaÂdesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....;ral, with Mahmudul Islam, Asstt. Attorney-General, instructed by S.S. Hoda, Advocate-on-Record—For the Respondents. Civil Appeal No. 15 of 1974. (From the Judgment and Order dated 1-12-75 passed by the High Court Division in Writ Petition No. 453 of 1969). Judg......n as rayon material, with those that the appellant had been purchasing in the market. Suddenly the Inspector of Central Excise and Land Customs of Pakistan served upon the appellant Company a notice on 4-12-68 informing it that as the stockinet’s manufactured by it were used for purpo......ngaged in the manufacture, inter alia of rayon yarn, filed a petition under Article 5(b) of the Martial Law Proclamation read with Article 6(2) of the Provisional Constitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....ry, Advocate-on-Record—For Respondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: ...... pre-decree stage but in the instant case we are concerned with post-decree stage. In Kilchand Devachand Vs. Ajodhyaprasad Sukhanand (A.I.R. 1934 Bom. 452) Kania, J has held that an order made on a notice of motion of the original Side of the Bombay High Court falls within the meaning of section......tullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-emption of certain land purchased on 19-3-66 by respondent No. 2 Rehana Begum. An objectio..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md. Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From the Judgment and Decree dated 6-6-1967 passed by the Dacca High Court in S.A. No. 1014 of 1965) Judgment: Debesh Cha......fendant having been found to be in possession of the said property at the time when Md. Asim acquired it was taken to be monthly tenant of the said premises and both Md. Asim and the plaintiff served notice upon him on 3-6-61 after the sale of the said property to the plainÂtiff asking the defendan......l by special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....No. 1-39, 42-53. Anwarul Huq Chowdhury, Advocate, instrucÂted by A. W. Mallick, Advocate-on-Record —For the Respondent No. 54. Civil Appeal No. 21 of 1973. (From the Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil ReviÂsion No. 962 of 1967) Judgment ......s. 6 and 7 appeared in the suit for the first time on 3.7.67 on which date they filed an application praying for vacating the order dated 28.6.67 appointing the receiver, stating, inter alia, that no notice of the suit or of appointment of the receiver was served upon them, that they were in possess......n Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an order of appointment of a receiver under Order 40 rule 1 of the Code of Civil Procedure in a suit for partition in which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 institut..Category: Property Law | Date: | Hits: 93
....nior Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent No. 1.
Ex parte—Respondent No. 2—5.
Civil Appeal No. 8 -D of 1970.
(From the Judgment and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemalud...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......t and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a DefenÂdant's appeal by special leave arising out of a suit for recovery of possession of the suit land upon declaration of the plaintiffs title therein. The su..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....eer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment De......d not be comÂpleted there, that the Presiding Officer was gained over by the appellant and as such 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 dis......nder the Union Parishad and Pourashava (Election) Rules in respect of Bechali Union Parishad within the Sub-Division of Narail in the district of Jessore and the appellant contested the said election for the office of Chairman of the said Union PariÂshad, which was held on 21. 12. 73. The appeÂlla..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....ellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of 1968)...... true, the judgment-debtor present dominion over the security nonetheless his right of disposal is not 1 extinguished, but has become dormant to the lien of the Government. 12. It should be noticed that the judgment-debtor has not been divested of the own of the said money. His present ri......cree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Respondent No. 1 applied to the Subordinate Judge, Rajshahi, for attachment of Rs. 25,785/- lying in deposit for due performance of contract made by the judgmen..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....”For the appellants (In both the appeals). B. Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 28 & 29 of 1974. (From the Judgment & Order date 4-8-72 passed by the High Court Division In CriÂminal Revision No. 360 of 1969). Judgment ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......ent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal Controller. As per agreement between the stockist firm and the Coal Controller, the former was to deliver coal on permits issued by the latter. A Permit No. 63/3138 for fifteen hundred..Category: Anti-Corruption Laws | Date: | Hits: 225
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ncome-tax or super tax as the case may be, in accordance with provisions of the Income tax Act, J922". This can only refer to the Income-Tax Act, 1922, as it stood amended at the date of the Finance Act, 1939, and necessarily includes the alternations made by the Amending Act,......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. ......n-resident shipping companies. Their registrations are in the United States of America. The Companies received some of their incomes in the then Pakistan by their ships touching Pakistan ports for loading and unloading cargoes. 3. The respondents were assessed to income tax by th..Category: Fiscal/Taxation Law | Date: | Hits: 134
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