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Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
..... Against this judgment, respondent Company filed an application under section 115, C.P.C. in the High Court Division, Dhaka, being Civil Revision No. 412 of 1983 contending, inter alia, that the provision of section 10, C.P C. had no manner of application to toe facts and circumstances of the...... disposed of together by the same Judge. 7. Being aggrieved the appellant Bank moved this Court and obtained special leave to appeal to consider that since the Shilpa Bank Order, 1972 is a special law and the Miscellaneous Case started under its provisions was decreed on compromise the purpose of..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....sufficient for the purpose of determining additional tax under section 18A of the Income Tax Act." 3. In this case, the Deputy Commissioner of Taxes found that the assessee did not comply with the provision of section 18A of the Income Tax Act. Upon total income of the assessee, the Deputy Commis......Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....aken except on a complaint from the Court. ………………………(5) The offence committed by the accused appellants is not an offence within the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cogniza......thin the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Hu..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for in....... The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....gs of the learned Judges of the High Court Division that the action of respondent No. 1 in terminating the licence, Ext. 6, has been wrongful. 28. Respondent No.3, Idris Alam, stated that he got provisional licence on 18th January, 1972 and on depositing Tk. 15,000/-as security money, vide rece...... Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of t..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......is the complainant and. is the owner of the property in question. She has now filed an affidavit praying for composition of the offence as the parties are inter-related. As we have noticed that the law encourages the composition of the offence and since this matter is pending by way of special l..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....vision erred in not examining the evidence on record and in not disposing of the appeal on merits. 6. In order to appreciate the submission made on behalf of the appellant reference to the certain provision of the Code of Criminal Procedure concerning the appeals will be necessary. Section 418 ......dated 29.8.83 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 205 of 1980.) Judgment Badrul Haider Chowdhury J.- In this appeal by special leave an important question of law has been raised, namely, when a criminal appeal is filed against conviction and sentence it ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
..... It is contended that since the nature of two proceedings are basically different both cannot be joined together which would cause inconvenience to the litigant and as well as to the court for which provision under Order 2, rule 6 of the Code could be invoked. Insofar as the view of the High Court ......aforesaid proviso to section 38 (3) is that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to th..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......erse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... litigations with the respondents and apprehending danger and mischief, the complaint’s nephew, deceased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in respect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....ion Parishad)) (Amendment) Ordinance, 1984 (XLIV of 1984) such appeal may be preferred within thirty days of such commencement.'' 7. On 14th July 1984 respondent No.3 in pursuance of the aforesaid provisions of the amended Ordinance preferred an appeal before the District Judge, Chittagong who co......led by respondent No.3 and set aside the order dated 9.5.84 passed by the Election Tribunal, respondent No. 2, and sent back the case on remand to it for fresh disposal of the case in accordance with law. 9. Appellant moved the High Court Division under Article 102 of the Constitution read with C..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....rected itself in holding that additional evidence would only be allowed if the Court was not able to pronounce judgment without the same. In other words whether the High Court Division considered the provision of Order 41, rule 27 C.P.C. correctly. 3. The respondent filed Miscellaneous Case No. 1......ecause as the Indian Supreme Court observed "that something remaining obscure should be filled up.'' 13. In this view of the matter, there is no hesitation in saying that the Courts below erred in law in rejecting the prayer for additional evidence as prayed by the appellants. The appeal itself i..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local Government Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of t......ted the tin shed where he has started to make furniture. For showroom one of the premises is sufficient. There is no evidence of dimension of the suit premises. At the time of argument, the learned lawyers of both sides ascertained from their clients that the premises occupied by defendant Esaru..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
.... was not put to Shashi Mohan Saha when he came to the witness box to depose and he was not given an opportunity to explain the admission contained therein, as is required under the provision of section 145 of the Evidence Act, the said document had not been legally proved an......t be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence under section 33 of the Evidence Act, becomes substa..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... challenged in Writ Petition No. 170 of 1967. Writ Petition Nos. 181 and 182 of 1967 relate to levy of additional tax on the respondent under section 45A for its failure to pay in time the taxes provisionally assessed in December, 1964 under section 23B of the Act for the assessment years 196......other charge leviable under this Act;" 7. The High Court, accordingly, came to the conclusion that the impugned orders of the Income-tax Officer as well as those of the Commissioner were without lawful authority and of no legal effect. 8. With a view to facilitating a close examination of ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....upon us that with the devolution of office, these appeals can continue against those respondents after availing the precisions of Order 22, rule 10 of the Code of Civil Procedure, In our view this provision is not at all attracted in this case. 3. The case of The Commissioner of Agricultu......on by it, serve on such terms and conditions as the new State may choose to impose. This is nothing more (though on a more exalted scale) than an application of the principle that underlies the law of Master and Servant when there is a change of masters." This principle is n..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... placed onus wrongly on the appellant which under the law the appellant is not inquired to discharge. The next contention was that the learned Judges of the High Court Division mis-interpreted the provision of section 12 of the Stamp Act and erred in holding that the adhesive stamp affixed on th......company (Respondent No.2) from Kamala Kanta Chakraborty who executed an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said K..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....were subsequently transferred to the General side of the Bank on 20-7-66, 4-6-65 and 1-10-66 respectively in terms of Stall Circular No. 1 dated the 1st January, I960 which, among others, contained a provision that their seniority as clerks would count from the date of their appointment as coin/no...... 31st October, 1972 but it was deemed to have taken effect on the 16th day of December, 1971. Article 7 of this Order is as follows: — "Subject to the provisions of this Order and any other law- for the time being Hi force, any person being a citizen of Bangladesh who immediately before ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....ority decides to derequisition the property or any part thereof, it can do so itself without seeking approval of the Government in the mailer. In this connection he has invited our attention to the provision of sub-section (1) of Section 8 of the Requisition of Property Act which presupposes a d......t and to make the term ''improvement schemes occurring in the former Act as synonymous with the term "project" occurring in the latter appears to be in exercise in futility. 10. The statement of law in Halsbury's Laws of England at page 62 of Volume 9 referred to by the learned Counsel for the ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....in terms of section 12 of the Limitation Act, since Rule 4 of Order 1 of the Supreme Court (Appellate Division) Rules provides that the period of limitation shall be computed in accordance with the provisions of the Limitation Act. 9. Thus the above contentions revolve round the question whethe......on from a Judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division — (a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b) has confirmed a sentence of death o..Category: Constitutional Law | Date: | Hits: 148
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