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Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………………&hell......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
.... the Wealth Tax Officer while taking recourse to the provisions of section 7(2) (a) of the Wealth Tax Act can make such adjustment in valuation given in the balance sheet, as he thinks fit, in the facts and circumstances of '.he case. He further canvassed that in the instant case the ......h;For the Appellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. ......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the circumstances of the case the Tribunal was justified in its decision that divid...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......h is dismissed. Ed. ......erved that it has already been held that where the defendant has proved the joint family, joint property and the acquisition of the property during the jointness of the family, and there is no evidence from the side of the plaintiff that the property that was acquired, though in the name of ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....s estopped from putting up the claim that the properties were acquired by him for himself and that the defendant was his benamdar. 38. The law of benami has not been properly applied to the facts of this case by either the learned Subordinate Judge or the learned Judges of the High Court ......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......e in the premises No. 12, Farashganj Road, Dacca where she has been living and the plaintiff lived in a separate house at Mitford Road, Dacca with his second wife. 5. On consideration of the evidence led by the parties the learned Subordinate Judge accepted the case of the plaintiff that ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....it for retrial. In other words, a fresh trial may be held at the discretion-of the court, and this discretion being a judicial discretion must be exercised properly applying the court's mind to the facts and circumstances of the case. The offences involved in the two cases are serious in nat...... both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the appeals) Criminal Appeal Nos. 19 and 20 of 1980. (From the judgment and order dated December 4,1979 passed by the High ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....ere was the alleged deadlock that by itself is no valid ground for winding up the company. 12. Syed Ishtiaq Ahmed, the learned Counsel for respondent No.1 submitted that the findings of facts are based on materials duly considered by the High Court Division which allowed winding up no...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......njustly excluded from management of the company, that there is a deadlock in the management and that the company has Bailed to pay its big debts to respondent No. 2 and these facts are supported by evidence and so must be taken as concluded. In the Instant case attempt to exclude respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rity. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was directed to restoration of possession of the shop. The facts as found by the learned Judges of the High Court Division are that the premises in question be......on (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. Lawyers Involved: ......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....e authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of Finance dated 27.10....... CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....yee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogousl......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ...... in connection with any industrial dispute it was a proceeding under section 50 of the I.R.O. for interpretation of a particular term of the Agreement. The Labour Court after discussing the evidence on record found in both the cases that the charge of misconduct as defined in section 17 o..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....en away by the express language of sub-section (5) of section 18, In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or such supervening facts and c......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Profulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- ......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ontends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government failed to prove its possession, ought to have decreed the suit in the facts of the case. This seemingly attractive argument will be of no avail to the plaintiffs when t......al is dismissed. No costs. Ed. ......o and accepted by the landlord. 6. On appeal the appellate Court allowed the plaintiffs' appeal after finding that they proved their right, title and interest in the suit land by sufficient evidence and that the suit land was not a fishery, but a paddy growing land. 7. In revision ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ation whereupon the appellant came to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. ...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....zi Ebadul Hoque and that he would deliver a dissenting judgment later on. 4. The learned presiding judge in his judgment dated 29th August, 1990 gave the background of the facts and circumstances in which he delivered his dissenting judgment subsequent to 18th July, 1990...... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another........nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship ......H Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Tobarak Ullah .............................Plaintiff-Appellant Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Respondents Judgment March 15, 1990. Result: The ......t died thereafter and his heir and widow (respondent in this appeal) was substituted. She contested the suit by filing a written statement denying the contract. The learned Munsif on consideration of evidence led by both the parties dismissed the suit. The appellant preferred an appeal (Title Appeal..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ove Rs. 10.000/-. But even if there is no certificate or the certificate has not been granted in proper form, this Court is not powerless. It can, if substantial questions of law are involved and the facts and circumstances of the case otherwise justify it, grant special leave in the same manner as ......4. ...... findings of the trial Court on the issues that were decided against him. The High Court took the view that the onus of proving issue No. 4 was wrongly placed on the plaintiffs. It also held that the evidence, adduced, which consisted of copies of several mutations and of two Wajibul-Arz for the yea..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....ty under the charge and convicted and sentenced him as stated but found the 3 co-accused not guilty and acquitted them. The appellant preferred an appeal before the High Court which held that, in the facts and circumstances of the case, the conviction of the appellant under section 406 of the Pena...... The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of hi......e prayer to consider the contentions raised on behalf of the appellant that, in the facts and circumstances of the case, no criminal liability attaches to him and further that in the absence of any evidence that the Chairman was deceived by the appellant into paying the money, the conviction under..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for a sum Tk. 1,99,567.00 with damages and interest on account of the works done by him on the facts stated in the plaint. 3. The plaintiff submitted tender which was accepted by defendant No.......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ....................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte d..Category: Others | Date: | Hits: 103
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