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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....Bermecha, the predecessor of the plaintiffs, who belonged to the Mitaksara School of Hindu Law, that defendants No. 1 to 5 are co-parceners of the plaintiffs, that different co-sharers have made over possession of some of the joint properties to defendant Nos. 6 and 7 with a view to transfer the s......fs and defendant Nos. 1 to 4 in which it was stated that item Nos. 1-15 and 18 of schedule 'kha' were homestead and shop premises and the properties described in item Nos. 16 and 17 were agricultural land measuring 14-8 acres, that defendant Nos. 6 and 7 were claiming interest in the disputed prop......this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......f Order 40 of the Code. 10. It should be pointed out that none of these grounds were pressed either in the Trial Court or before the High Court and ordinarily a party is not allowed to raise such questions for the first time in the highest tribunal as certain questions of fact naturally arise ..Category: Property Law | Date: | Hits: 93
....e 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a Defendant'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 suit land is R.S. ......the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a Defendant'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 suit land is R.S. Plot No. 158 of mouza M......ances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......er for the plaintiff-Respondent. Learned Counsels of both sides have advanced lengthy and learned arguments. We, however, do not feel the necessity of adverting at length to them, as we find that the question involved in this appeal should be disposed of with reference to points raised in the le..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ed to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......, the result of the election must be held to have been materially affected thereby. 7. Special Leave has been granted to appeal against the said Order of the High Court Division to consider the question whether the Election Tribunal acted within its authority in setting aside the election part..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... judgment-debtor" or "over which he has disposing power”? The money undoubtedly belongs to the judgment-debtor, and his right of ownership in a way still subsists. But the physical possession of the money had been conditionally transferred to the Government by the judgment-debtor......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ...... appeal is allowed but without any order as to costs. Ed. ......security money transferred from the custody of the Government to that of the Court could not be forfeited by the Government; the execution case could proceed against the security money. On the question of attachment of security money, the High Court referred to Gajraj Sheokarandas Vs.&n..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......y dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... placing reliance on the decision in the case of Raja Huq Newaz Vs. Mohd. Afzal inasmuch as the facts of that case are quite different from those of the instant case. Suffice it to say that it is the question of principle which is our concern in this case and not the question of facts. Section 561..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
.... 342, Criminal Procedure Code and whether the appellants have been prejudiced thereby. 2. Appellants Abdur Razzaque and Altaf Hossain were put on trial on the charge that they kept in their possession some arms and ammunitions without licence. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......d, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......at from his dwelling hut the incriminating articles were seized by the Officer-in-Charge and explanation, if any, offered by them ought to have been recorded. But instead, the question put to them was "You have heard the evidence of the witnesses. What have you got to-s..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....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. ..................Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 DLR SC 446—P.L.D. 1......i) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......—These three appeals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common question of law is involved, they are heard analogously and disposed of by one judgment. The questi..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......espondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikd...... in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... Respondent Firm, on the one hand, and the Superintending Engineer, Regional Civil, Pak P.W.D. on behalf of the President of Pakistan on the other. According to Clause 25 of the said Agreement, all questions and disputes concerning the work under the said agreement were to be referred to the Super..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......ct. 22. As regards the first part of the question it is obvious that under section 10(2) (ii) a tenant can claim full deduction, if he can show an undertaking of repairs between him and the landlord. The language is wide enough to include the repairs of capital nature so it answer the ter...... the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... Court Dacca but prayer was rejected by the Tribunal. The Commissioner then moved the High Court under s. 66(2) of the Act and obtained an order to that effect and the High Court after framing the question direction-for a reference of the question on stating facts by the Tribunal. 5. The..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......cessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that the appellants were owners of the lands contiguous to the said plot and as such were entitled to pre-empt the said land under sectio......also Reported In: 28 DLR (AD) (1976) 5. ......etition of objection on 24-2-60 and contending, inter alia, that the applicants were not owners of contiguous lands and that the application was barred by limitation. On the question of defect of parties, it was stated in paragraph 4 of the petition of objection that Yaku..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......n of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......n of ballot papers and want of co-operation of the authority. The withholding of some ballot papers has resulted in the appellant missing 97, and respondent 826. And this has given rise to a knotty question in this appeal. The Tribunal however on evidence found that there was no proper counting,..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....rtificate case Nos. 138/1961-62. 185/1961/62, 187/1961-62 and 1970/1962-63. The holding comprising 1.73 acres of land was sold on 22.10.1962. It was purchased by the plaintiff and he took delivery of possession on 4-10-62, Dispute between two parties cropped up when plaintiff who had mutated his n...... Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dispute between plaintiff appellant, Golam Hafez Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their r......ost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ree in Title Suit No. 730 of 1962 in favour of the defendant was fraudulent and void. There was an appeal and a cross-appeal before the first appellate court. He concurred with the trial court on the question of want of title of the plaintiff. But as regards possession he reversed the finding of tri..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ide (1952) 4 DLR 442 P. 448). 17. Besides, the District Judge was given the power to summon and enforce the attendance of witnesses as compel them to produce documents and articles in their possession or power and to give evidence. 18. In Azizul Huq, vs. S. M. Hanif (1935) 7 DLR 287 th......m is a question of law the submission of legal argument by the parties and (iv) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of land to the facts so found, including where required a ruling upon any disputed question of law. A......l is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... No. 1 was the son of a prostitute who was still alive and living at Natore. 5. Both the parties appeared before the Administrator of Wakfs who, after hearing them, quite lightly felt that as the question involved as whether the respondent No. 1 was the legitimate son of Amir Ali, it could only ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....heir predecessor-in-interest had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-in-interest of the defendant-appellant for a sum of Tk. 1500/- The possession of the mortgaged land including the land of schedule 1 (kha) was given to the mortgagee. ...... had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-in-interest of the defendant-appellant for a sum of Tk. 1500/- The possession of the mortgaged land including the land of schedule 1 (kha) was given to the mortgagee. The stipulation was that if ......cording to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......and for accounts of the usufructs of the properties possessed by the mortgagee since the date of the transaction. 2. The defence of the defendant-appellant, inter alia, was that the transaction in question was mortgage by conditional sale, and that all the properties described in the schedules to..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....gh Court in Title Execution Case No. 69 of 1970 of the Court of the Subordinate Judge, Khulna, and thereafter started Title Execution Case NO. 5 of 1971 in the same Court for obtaining delivery of possession of the decretal land under the decree for specific performance of contract, the proceedi...... and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two sepa......d Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......de of Civil Procedure. 5. Special leave to appeal was granted to consider the principle under which a Court may pass an order staying the progress of collateral proceeding and also the question whether the impugned orders of stay of the execution case were correctly passed...Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ...... We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ...... the requirements, Mr. Chowdhury's grievance is, that the Company called on oral witnesses. But we find from the enquiry report that relevant papers were placed before the Committee. Therefore, the question is one of adequacy and not absence of evidence, and this cannot be a ground to impugn the ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......s of this appeal shall abide the result of proceeding before the Administrator. Ed. ......ses. Mr. Khandkar Mahbubuddin Ahmed, for the appellant, and Mr. Yeasin, for the applicant respondent has advanced their arguments on the points. 3. We turn to the first question, and find that Mr. Yeasin, has rightly pointed out, that the notice, Annexure 'B' to the w..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayarampur Rajbari. Due to that enmity and bitter feelings the respondents along wit......ndependent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ...... this was not a correct proposition of law as regards retracted confession. It was observed that the retraction of a confession was a circumstance which had no bearing whatsoever upon the question whether in the first instance it was voluntarily made, and whether it was true. The fact ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......n our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... law in upholding the conviction and sentence of the petitioner and in dismissing his appeal as we are of the view that on reading the evidence of P.W. 1 as a whole it appears that the statement in question is a confused one. This will be borne out by what he stated in reply to some suggestions ..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......eady started supplying bricks. Hence there was no question to revise the estimate. Further case of the prosecution was that under the terms of the contract the Contractor Mansur Ali had to arrange land for the purpose of brick field but without being asked by the Contractor for a brick field the...... There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......mit the same. In defiance of the direction of the Government a reply was sent to the effect that the work was under progress and the Contractor already started supplying bricks. Hence there was no question to revise the estimate. Further case of the prosecution was that under the terms of the co..Category: Criminal Law | Date: | Hits: 69
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