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Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......rend of cross‑examination of the prosecution witnesses, was that the appellants have been falsely implicated in this case out of enmity and grudge with deceased Noor Ali Mollah for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case an......d the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ourt, 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-respondents ex parte on 11. 8.75. Respondent Nos......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. ......der as to costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....,106 ,111 & 116 The Premises Rent Control Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, thou......s not heritable and that the right of a monthly tenant in respect of a premises was his personal right which ceased on his death. Facts leading to this question are given below. 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of ......therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......d order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No. 131 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether, on the death of a monthly tenant judgment‑debtor, his heirs can be substitute..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....n 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 therefrom and further for declaring the......ection 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 therefrom and further for declaring the decision by the Revenue...... The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......nd decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 138 of l972). Judgment: Kemaluddin Hossain, J.—This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. T..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......etition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......d by the appellant is a fact accomplished and in that view of the matter the respondent No. 2 cannot be allowed to go behind the order of dismissal nor could we go behind the said order which is a question which was never agitated by respondent No. 2 at the appropriate stage. In the result the a..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....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. ......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. ......he impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is to be noted that the petition for special leave to appeal was barred by 146 days. The question of limitation was left open at the time of granting leave to be decided at the time of hea..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... P. C. nor even every act done by him while he is actually engaged in the performance of official duties, but where the act complained of is directly concerned with his official duties so that, if questioned it could be claimed to have been done by virtue of the office then sanction would be nec..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ....... 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240), Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742). 6. It is clear that the main question for decision in the appeal is purely one of law relating to true meaning and scope of sect..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......t of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... sentenced him to pay a fine of Tk. 200/- in default to suffer simple imprisonment for 5 days making the Rule partially absolute. 5. Special leave to appeal was obtained to consider the following questions: "(i) whether the appellants came to know about the injunction order before the meetin..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......n. He, however, with the reduction of sentence discharged the rule. 4. Only appellant Sirajuddin has obtained leave, the other accused did not approach the Supreme Court. In this appeal the question of law involved is that when an accused is charged with two offences, under sections 457 a..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... Petition being petition No. 245 of 1966 before the Dacca High Court on 15-6-66 under Article 98 of the then Constitution of Pakistan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Requisiti...... for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......anuary, 1968 (the 27th and 28th being Saturday and Sunday respectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, that the rule in question was posted, for hearing as item No. 8 in the Daily Cause List of the Court on the 25th Jan..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....e order dated 8th March, 1966 made by the appellant and also for an injunction restraining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of......al the learned Judge of the High Court has held that the sum and substance of the plaintiff's case is that after the acquisition had been completed, the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent c......ult, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......therefore, of the opinion that the learned Judge of the High Court was not wrong in holding that the suit was not barred under the said provision. 14. Leave was granted also to consider the question of applicability of section 14 of the East Bengal Building Construction Act, 1952. This ob..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... the duty of the Income-Tax Officer under section 13 has been expressed in the following words:- "The only departure made by section 13 of the Indian Income-Tax Act from the tax legislation in England is that whereas under the English legislation the Commissioner is not obliged to determine the ......e set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......ome-tax Officer exist in the books of account. Considering the nature of the defects, I have no hesitation in holding that the case comes within the purview of proviso to section 13." 6. On the question of assessment of the income also, the view of the Income-tax Officer was affirmed in the fo..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......1968, under section 66(1) of the Income-tax Act, 1922.) Judgment: D. C. Bhattacharya, J.—These two appeals are against a judgment of a Bench of the Dacca High Court deciding a question as to the taxability of certain income of the appellant, as referred by the Income-ta..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....d on which such paddy was grown. ‘Any bonafide claim of right to the land in the instant case cannot be the valid basis for a bonafide claim to the crops grown on such land by the persons in possession of the same in assertion of their title thereto. The learned counsel has not disputed th...... them was that on the 11th Ashar, 1375 B. S. they along with others cut and took away the paddy worth Rs. 500/- which was grown by the complainant Shahjahan Mia on his land. The defence denied the allegations and their case was that Shahjahan Mia - possessed the land......e case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......ere 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 question. 4. The complainant-respondent thereafter filed the aforesaid criminal appeal on s..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ty the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b) any property which is in the possession or under the control of the Government under any law for the time being in force." 5. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ade above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......he 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 property" within the ..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. ......adesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd. (1967) All E.R. 756; Thom......f no legal effect. There shall be no order as to costs in this appeal. Ed. ......ion clearly shows that what was required under the Notification for exemption was the weaving of fabrics on circular knitting machines in the form of garments specified in the Schedule and that any question relating to the purpose of manufacture or the use of manufactured goods is not relevant fo..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....case was disposed of on 5-11-66 in terms of compromise. Thereafter on 5-12-66 the pre-emptor, namely, the appellant filed an application under section 96(9)(c) of the Act for delivery of possession with the help of a Pleader Commissioner. The said prayer was opposed by Respondent No. 1......rt 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 objection petition against the said ......so Reported In: 28 DLR (AD) (1976) 91. ...... 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted to consider the above question. 4. Mr. Golam Rabbani, the learned Counsel for the appellant submitted that t..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....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 suit which is a residential house in the......rty Act was not available to the defendant. It was noticed that Md. Asim who was examined as P.W. 2, issued a letter Ext. 2 (a) on 3-6-61 directing the defendant to attorn to the plaintiff as his landlord but the defendant, without disclosing the nature of the right claimed by him, merely stat......e Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......ther notice dated 29-7-61 was served upon the defendant asking him to disclose his status, otherwise, it was stated in the said notice, we would be taken to be a monthly tenant of the premises in question. But no reply was given by the defendant to the said notice. The plaintiff, however, subs..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
..... Osman who claimed to have obtained the disputed land under a dar korfa patta executed in his favour on the 31st January, 1944, by Gulam Kibria, another son of Mokhlesur Rahman. He denied the possession of Mokhlesur Rahman of the Wakf land. He further denied the execution of the wakf deed a...... special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli......ecord. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... the Wakf deed suffered from vagueness and indefiniteness. Hence it had not been established that the property in dispute was a part oi the wakf estate. Leave was granted to consider a question of law, as to whether wakf of a Mushaa for the upkeep of a mosque is a valid dedication un..Category: Trust/Waqf Law | Date: | Hits: 239
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