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Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ome Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. La..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... originally to three brothers Guru Charan Basak, Shambhu Charan Basak and Jagat Chandra Basak each having 1/3rd share in same and that Guru Charan Basak died leaving Raj Kumar Basak, predecessor in interest of the defendants 18 to 21 and Chandra Kumar Basak as two sons by-his first wife and also ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
...., and an order was made under the said section in favour of the Manager and under the said circumstances it was held: "That the order was bad and must be set aside as the parties interested were not properly before the Court. The Manager had no interest, except as such, or p...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....g criminal trespass by entering into complainant's plot No. 661 with the intention of causing annoyance to the complainant. The accused petitioners pleaded not guilty. Their case is that Gura Mia's interest in the disputed land was sold in 1916 under the registered deed Ext A to Rousha Mia. Sinc......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....he evidence already on record and the additional evidence to be brought on record, the question of insanity should be finally determined by the Court. In this view of the matter, we think that in the interest of justice the case should go back to the trial Court for re-consideration of the question ...... of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Munsif was right in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......hury J. Tamiza Khatoon and others.........Appellant Vs State.................................Respondent Judgment December 11 th, 1970. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....revenue sale and took possession therein on 20.8.51. It is the further case of the plaintiff that although the defendants were found in possession of the lands in suit they have no right, title and interest in the same nor their alleged interest is protected under the prevalent law and that even......ion of Mr. Farid Ahmed. 14. The next point urged by Mr. Ahmed is to the effect that the rent receiving interest of the plaintiff having been acquired by the government under the East Bengal State Acquisition and Tenancy Act. 1951 before the institution of the suit the plaintiff had no sub..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... enmity was suggested against this witness. Further, DW 1 Yasin Sheik has admitted in his cross-examination that he has no enmity with the neighbours. PW 1 therefore, appears to be a thoroughly disinterested and independent witness and he has given a dispassionate account of what he saw, heard (...... prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ettlement case being Resettlement Case No 6/57-58 and the proposal for settlement of the suit property with defendant No.2 was approved by the RDC on 19.10.58. Defendants 2 to 4 are the successors-in-interest of Baker Ali. The plaintiffs however, further contended that they continued to be in posses......case of Mafizur Rahman Sarder vs East Pakistan represented by the Collector of Khulna 13 DLR 538 the facts are, that the Revenue Authority started proceedings under section 20(1) of the East Pakistan State Acquisition and Tenancy Act against a person for acquisition of excess lands. In that proceedi..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....t was presented for registration Fundamental Right No. 13 was in force. The said Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property." ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate body is not......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....19. Dr Zahir then submits that under Article 38 of the Constitution every citizen shall have the right to form an association or union, subject to any reasonable restrictions imposed by law in the interest of morality or public order. The petitioner company was formed by the citizens of this cou......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....cca and kutcha structures and inducted monthly tenants. Abdul Mannaf died leaving the plaintiffs as his heirs who are in possession of the suit land as before. The defendants have no right, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming titl....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....ontained. (iii) On the demise of one of such plaintiffs if no substitution is made the suit may abate not as a whole but as against the heirs of the deceased plaintiffs. It is only when the interest of the plaintiffs is indivisible that a suit abates as a whole not being sustainable with ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
.... minor at the relevant time. The radiologist’s opinion also supports the appellants case. Having considered all aspects of the matter we are satisfied that it will be fit and proper and in the best interest of the girl if she is released from custody and given to the care of her father, namely, th......neous case No. 5382 of 1998, claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist the State lawyer at the time of hearing of the Rule. When the matter came up for hearing, no one appeare..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......nbsp; Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March 4, 1999...Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....n material untampered and intact with all sanctity before the Election Tribunal for recounting of votes. 8. It is now well-settled that in an appropriate case the Election Tribunal in the interest of justice may recount ballot papers for proper resolution of an election dispute. But in ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....ts, submits that the High Court Division was correct in interpreting Order VII, rule 11 Code of Civil Procedure and that the impugned judgment does not warrant any interference from this Court in the interest of justice. We have carefully considered his submission but have been unable to persuade ou......ll be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not entertaining the suits…….(13 & 14) Cases Referred to- Secretary of State vs Mask & Company, AIR 1940 PC 105; Abdur Rouf and others vs Abdul Hamid, 17 DLR (SC) 515;..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... Ptresent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizul Hoque (Md) …………….………….Petitioner Vs. State……….……………… Respondent Judgment December 7, 1998. The Penal Code, 186..Category: Anti-Corruption Laws | Date: | Hits: 73
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