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Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....f a religious or charitable purpose of the institution.”……….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totally exempted from income tax. The Impugned assessment being prior to the amendment, the exempti......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....issed the suit. The High Court Division further observed that in view of some "unnatural, unfair and inhuman aspect of the matter" in which the widow and a grand son of the testator stood totally deprived of the property and also of "suspicious circumstances surrounding the m......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......he High Court Division's judgment particularly referring to these suspicious circumstances surrounding execution of the will and has sought support from, a number of decisions from Indian jurisdiction particularly in the cases of Smt. Jaswant Kaur V. Smt. Amrit Kaur and others, AIR 197..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......l perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6)..Category: Others | Date: | Hits: 93
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... purpose recognized such right…………….(12) Right to specific performance of contract for sale of any property is a right relating to property. It must, therefore, receive protection in the absence of any provisions of law to the contrary. There are no such provisions of law. The Order of ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......re us, Mr. Nurullah Counsel for the appellant, proceeded to answer the query, even before making his submissions on the question upon which leave was granted. He, therefore, drew our attention to the absence of jurisdiction of the High Court Division in proceeding in the manner it has determined the......hers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh Appellate Division and High Court Division The High Court Division has no jurisdiction to deal with matters which lie within the jurisdiction of the Appellate Division. Legal..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......hat the finding that the landlords bonafide required the shop-room is a finding of fact which cannot be gone into on a revisional application. Dr. Hossain contends that the revisional court has got jurisdiction to see whether the finding as to bonafide requirement has been based on proper consid..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......at even in cases of acquittal in cases tried summarily a brief statement of the reasons for the finding is given though the language of the section does not require it. But to say that in the absence of such well-reasoned judgment the order of acquittal is bad does not appear to be the......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......r procedure in rejecting the petition for rehearing of their case and thereby deprived the appellant of their right of being heard while disposing of the aforesaid civil revision on merits in their absence. 3. The plaintiff-respondents brought O. C. Suit No. 68 of 1973 in the Court of Mu...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... question of law and fact, can be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Civil Procedure Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyo......section 8 of the Maritime Convention Act, 1911 within which a proceeding is to be commenced can be extended further by the Court in accordance with the Rules of the Court. Under the Admiralty jurisdiction there are no Rules for filing any formal application for extension of time beyond two ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ing contained elsewhere in this Act, file an application along with necessary requisites, for the purpose of correcting mistakes in, such record-of-rights in the civil court which would have jurisdiction to entertain a suit for possession of the land to which such entry relates or in..Category: Property Law | Date: | Hits: 28
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... 1978. On June 24, 1978 plaintiff- respondent also sent a reply in writing to the letter of defendant No. 5 to open the godown failing which the lock and key of the godown to be broken in his absence. By memo No. 1 652 dated 14-7-78 defendants No. 5 drew up proceedings against him asking hi......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....so as to frame a charge against the accused under section 254, then, the order of discharge amounts to an order of acquittal with the difference that in the case of 'acquittal' fresh prosecution is totally barred and in the case of discharge, fresh prosecution is improper; that though there is n......ot, with reasonable diligence, have been brought on record in the previous proceeding. None of these requirements, the learned Advocate contends, are found fulfilled in the instant case. In the absence of any exceptional ground the entertainment of the fresh complaint is a mere abuse of the pr...... considered by the Court trying the accused; the Magistrate taking cognizance on the basis of an enquiry under section 202 is not empowered to take this matter into consideration. At this stage his jurisdiction is limited, to ascertaining the truth or otherwise of the allegation. In this case,..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......order of ad interim injunction was not known or communicated to the Magistrate when he passed the order drawing up proceeding under section 145 Cr.P.C. and as such the impugned order is not without jurisdiction, more so when he kept the matter open for consideration at the time of hearing of the ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......he High Court Division erroneously refused to interfere with the order of the Sessions Judge on misconception of the provision of section 439 CrPC holding that the High Court Division in revisional jurisdiction cannot interfere with the finding of facts by the Court of appeal below. 9. Under..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
..../-. 2. The appellant filed Money Suit No. 67 of 1975 in the 1st Court of Munsif, Dhaka, against the respondent for realisation of Tk. 5000/-, at the first instance, which is a part of his total claim of Tk. 1,15,000/- with reservation of his right to realise the balance of his clai......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... learned Judges took the view that when the plaintiff claimed Tk. 5000/- in the suit, he consciously relinquished his claim exceeding this amount and thereby brought the claim within the pecuniary jurisdiction of the Court of Munsif and that because of this relinquishment of claim he is debarred..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......record in the affidavit-in-opposition riled on behalf of the Government and the continuance of the cadre itself when the respondent was reverted to his parent post. 14. In spite of the absence of these factors which led this court to hold the above view, so far as the broad factors o......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....t for the purpose of their business. It is stated that the complainant brought pressure for repayment on 24.7.75 the accused No. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.000/- totaling Tk. 25,500/- towards the repayment but immediately sent a telegram from Chittagong stating ......er could be regarded as entrusted with property. The clue was taken from the Book on Partnership Edn. 10 by Lord Lindley where the rights of a partner is dealt with in these words: “In the absence of a special agreement to that effect all the members of an ordinary partnership are inter......e is no proceeding that maybe quashed under section 561A Cr.P.C. Process is issued only after taking of cognizance. In the 28 DLR case, this court considered as to when and under what circumstances jurisdiction under section 561A should be exercised and it was held that interference can be made ev..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......22 was brought as a witness who claimed that his father had died many years ago, such as eight or nine years. The trial Court hesitated to place reliance upon his oral evidence, particularly in the absence of any death certificate: but the lower Appellate Court accepted his evidence as true over......il Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any a..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......t Judge's order. But at the out-set lawyers of both the parties made a common submission before the learned Single Judge of the High Court Division conceding that the Additional District Judge had no jurisdiction to entertain the revisional application against the Subordinate Judge's order in appeal..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....aintiff vendors' Abdus Sattar could not be treated as a valid deposit. In the case of Basiruddin Ahmed 36 DLR (AD) 191 it has been held that "deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after t......D)183 that in terms of the aforesaid sections the protection of the tenant against ejectment is on the fulfillment of certain conditions. "The tenant must pay rent in terms of the contract and in the absence of the contract within fifteenth day next following month on which the rent falls due, and i......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
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