Search Options
Judgment Advanced Search
Displaying 6121-6140 of 7133 results.
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....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. ......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...... industry. It is only such business whose income is exempted from taxation. This proviso certainly restricts drastically the scope and field of the general exemption under the main provision of the law, but this restriction having been imposed by conscious act on the part of the law-makers ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....y to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division has met the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the app...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......sult: Both the appeals are dismissed. The Emergency Requisition of Properly Act,1948 (XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owne......tual acquisition. The valuation ascertained by the High Court Division has met the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the appropriate law for latches of the parties. The Appeals are dismissed…………..(5) Lawyers Involved: ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....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. ...... profounder getting any benefit under the will. It was further suggested that as his visa had expired he was taken into custody for 21 days. His father, Rajendra, had six sons and six daughters and according to P.W. 1, all except Indu Prova were Indian nationals all through. Considering these fa......vidence Act, 1872 (I of 1872), Sections 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absol......p; Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that exe..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. ...... 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) ......tended that the sub-rule (3) specifically mentioned the court granting an injunction can take cognizance of disobedience but a transferee court cannot do so as such power has not been conferred by law. The learned Counsel placed before us the amendment that was made in 1976 in India. Order 39 ha..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ve the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ...... Dr. Md. Azizul Haque Khan..................................Petitioner Vs. The State.......................................................Respondent Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his pro......iminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of conduct for which he now stands convicted. The ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......process including seizure, distress, ejectment, attachment or sale by any officer of the Court or any other authority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the ......ver kind, in respect of such property shall be granted or made by any Court or any other authority, and the Government shall not be divested or dispossessed of such property by operation of any law for the time being in force. (2) Any such legal process as aforesaid subsisting immed..Category: Property Law | Date: | Hits: 47
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. ......en the facts of the instant case involved consideration of the provisions of two different laws, namely, President's Order No. 16 of 1972 and Martial Law Regulation no. VII of 1977 the Court in according suo motu order of abatement, seems to have proceeded perfunctorily as well as arbitrar......ment …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws ex...... Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications o..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....arties concerned. Heard the learned Counsel appearing for the parties. Without going through the details of the controversies and confusion arising out of order aforesaid, it is directed that ends of justice will be met if the Trawler URANG CHAINAVEE—4 (BT—102) be kept under the order of attac......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. ......ries 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. Legality or illega......arisen), has become involved at the appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....the provisions of section 537. Section 537 is a curative provision and any error or omission or irregularity will not vitiate the proceeding unless it has "in fact occasioned a failure of justice". The argument of Mr. Abdul Hamid, therefore, on this score is of no substance. ......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. ...... Md. Matiur Rahman.........................Appellant Vs. Asgar Ali & ors……….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate t......e conclusion that the requirement of sections 263 and 264 Cr. P. C. were complied with and therefore it could not be said the order of the learned Magistrate was not in accordance with law. In this view of the matter the reference was rejected. Leave was granted to consider ..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. ...... the plaintiffs 4-7 have been possessing the suit land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in-interest of the plaintiffs and accordingly he paid rent for the suit land to the Government. The defendants without having any rig......Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up ...... 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error of law or procedure in rejecting the petition for rehearing of their case and thereby deprived the app..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....ommencing the proceedings against the owners of the vessels which was to blame for the collision within two years of the collision. It was observed that "to let the vessels off would work an injustice because the blame was found to rest with her but it would equally work an injustice if the ......would be settled according to clause 42 of the Chartered Party Agreement and defendant No. 1 would furnish a Bank guarantee through defendant No. 2. On March 25, 1976 a Bank guarantee was accordingly furnished by defendant No. 3 in favour of defendant No. 4 to pay any amount in respect ..........Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused...... time limit fixed under section 8 of the Maritime Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without entering into evidence and hearing the suit on merit and plain..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. ......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Assistant Custodian, Enemy Property (L & B), Tangail............................Appellant ...... appellant against the judgment and order of the High Court Division passed in Civil Revision, Case Nos. 951 to 955 of 1972. All the cases were disposed of by a single judgment. Common question of law being involved all the appeals are heard together and disposed of by this single judgment. ..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should be heard to decide the issue. Legality of detention and the matter ......wife. 4. Mr. A. K. M. Mozammel Hoque Bhuiyan, the learned Counsel appearing for the appellant, submits that the detenue Chandana Rani Deb Nath has embraced Islam and married the appellant according to Muslim Law and she is over 16 years old and she has been re-named as Nadia Begum. It i....................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself hu......ty. In the instant case the appellant, who claims the detenue as his wife, as well as the respondent, father of the detenue both are claiming custody of the girl on release. Under the law both are competent to challenge the legality of the detention. 6. Section 491 of the C..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ot hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the pl......eriod which does not and cannot, in any possible, event, by any agreement, express or implied, exceed fifteen years land notwithstanding anything contained in this Act or in any other law or in any contract, no other form of usufructuary mortgage so entered into after the commencem..Category: Property Law | Date: | Hits: 35
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. ......rse, did not appear. On July 14, 1978 his controlling officer called for explanation for misappropriating fertilizer worth Tk. 32,115.85 and other charges. He was also placed under suspension according to BADC Rules. 4. Plaintiff-respondent did not file any reply to the charges, nor................................... Respondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dis...... Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing o..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... exist to justify entertainment of a second complaint after dismissal of the previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the complaint ......nd now they have faced the same allegation for the third time; but as there is no fresh evidence brought against them it is not at all open to the learned Magistrate to entertain the complaint, which according to him is the third complaint. The learned Advocate argues that the Naraji petition dated ......legation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A pet......or quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contention that complainant by Khorshed Alam was a third complainant and as such was not maintainable in law was rejected on the ground that the naraji petition by informant Shawkat Raja was not disposed o..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......ance is detailed in paragraph 7 of the leave petition. The High Court Division reassessed the evidence in F.A. and took the view that the suit ought not to have been decreed by the Trial Court and accordingly allowed the appeal and dismissed the suit. 7. Mr. T. H. Khan, the learned......Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed…………(14) Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camb......ture in the Bainapatra as the signature of Aziza Bibi. Pointing to these circumstances Mr. T. H. Khan argued that the reassessment of evidence by the High Court Division was not in accordance with law and well-settled principles and the judgment of reversal suffers from defect which warrants clo..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......pation of the premises for over 12 years by the tenant did not bring him within the category of "Non-Agricultural tenants" and as such the protection under section 7 is not available to -him…………………(7) Case Referred to- ......sed to exist, and in support of this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties are relying up..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... of the matter, the High Court Division rightly invoked jurisdiction under section 561A of the Code of Criminal Procedure to prevent the abuse of the process of the Court and to secure the ends of justice. The learned Counsel further argues that when, over the self same matter a suit was pending......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. ......3. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such pro......d Metropolitan Magistrate. The learned Sessions Judge after hearing the revisional application rejected it with a direction to the learned Magistrate to dispose of the case in accordance with law. 7. The 2nd party respondent then moved the High Court Division for quashing 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. ......urt of appeal and final Court of facts has decided the case on consideration of the evidence on record. This Court in its revisional jurisdiction cannot interfere with finding of facts. The rule is accordingly discharged." 8. Mr. Abdul Malek, the learned Counsel, appearing for the appellant w......d J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under sectio......we are of opinion that the order of the High Court Division cannot be mentioned and accordingly 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. ..Category: Anti-Corruption Laws | Date: | Hits: 112
18321831183018291828182718251824182118201819181818171816181518141813181218111810