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Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... of Sections 105 and 106 of the Transfer of Property Act governing "lease of immovable property". Both the learned Counsels have contended that the earlier decision of this Court had resulted from an erroneous view that a lease under section 105, TP Act is quite different from a lease under section ......ers either, but they became "tenants by sufferance". The Execution Proceeding was therefore held maintainable. Both the learned Single Judge and the learned Munsif sought support for their respective views from the decision of this Court in the earlier case of Abdus Sattar vs. Suresh Chandra Das, 32..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......niary benefit of any individual, only such portion of the lands, as may be selected in accordance with the rules to be made in this behalf by the Provincial Government, shall come within the purview of sub-clause (c) of clause (i)." 6. Clause (c) does not pose any complication..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....cial statutes, while the Bengal Co-operative Societies Acts is a general one. In case of a conflict between the provisions of these two kinds of statutes, the special statute shall prevail" is erroneous and the conclusion arrived at relying on the case reported in 62 C.W.N. 405 cannot be su......onditions of living and better methods of production and business may thereby result. From this it can be said without contradiction that it is a special enactment for specific purpose. So, in our view there is no conflict between, the Co-operative Societies Act and the Labour Statute. Both bein..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. ......ed was not moved on any application in accordance with law. 8. We, therefore, find no reason to expunge the remarks that the appellant left the court unceremoniously. We are however, of the view that the latter portion of the remark, namely, "It has been seen that he is in the habit ..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. ......ercepted by E. P. R. and Police personnel. To avoid tear gas, lathi and bayonet charges many of them ran away along the railway line. Late Asaduzzaman and some others ran along the foot path with a view to taking shelter inside the Medical College compound. While Asaduzzaman and some others were ..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. ...... then preferred an appeal by special leave to the Federal Court of Pakistan. The appeal was heard by four Judges and the judgment was delivered by his Lordship Abdul Rashid, the Chief Justice. The view taken by him is that a finding of acquittal can not be converted into a finding of conviction&..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: ......rt and those words were repeated by Haji Jalaluddin Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances and evidence on record we have no reason to hold otherwise. Now the..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. ......tions 457 and 380 of the Penal Code and sentenced separately under each of them, has been considered, but it appears that different High Courts of the sub-continent have taken divergent views on the point. The Patna High Court following some old Calcutta decisions has taken the view, ..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. ...... present in Court to prosecute the action and the Court may in his absence very well presume that he is not willing to prosecute the matter and may in such a circumstance dismiss the same. On that view of the matter no valid objection can be taken to the order of discharge passed by the Court ow..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......, void and inoperative.” This prayer for amendment of the plaint was allowed and the plaint stood amended with the new prayer (a). 4. The trial Court, however, being of the view that the declaration prayed for in the plaint being tantamount to setting at naught the..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.......wing manner: "The defects found by the Income-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..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. ......s connection in Pakistan was the monthly allowance of Rs. 200/- per mensem. 3. The Revenue authorities viz. the Income-tax Officer and the Appellate Assistant Commissioner took the view that the commission earned by the appellant as well as the office allowance received by it, fo..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....rned counsel has not disputed this proposition of law. He has however, submitted that in the instant case the trial court considered the evidence in a perverse manner which resulted in an erroneous decision and that the decision must have been reversed if the evidence were properly......at Alt Khan, Advocate, with A. Basel Majumdar, Advocate, instructed by Abu Bakkar, Advocate-on-record—For the Petitioners. Not represented—For the Respondents. Criminal Review Petition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in C..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....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. ...... Order is mentioned, but the order passed by the Government on the basis of which the notification was issued goes to show that the action was contemplated under Article 8 of the Order, and in this view of the matter, this misquotation of the Order in the notification should not be taken as fatal,..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. ......of Pakistan, on the 13th December, 1968 praying for exemption from the payment of duty on the stockinet "hoses" manufactured by it on the ground that such manufactures came within the purview of the exemption granted by the Government under section 12(1) of the Central Excise Salt Act,..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......he court on further application of such applicants may place him or them as the case may be in possession of the property vested in him or them.” 6. It is obvious that in view of the; above provisions of law a court may, on the application of the pre-emptor, put hi..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......f a notice under section 111(g) of the Transfer of Property Act, determining the tenancy of the defendant. The learned Subordinate Judge also expressed a doubt as to the title of the plaintiff on the view that no satisfactory evidence had been adduced on the plaintiff's side to prove the passing of ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......nt, never acted upon. 4. The trial court found that there was such a Wakf deed executed by Mokhlesur Rahman and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the proper..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......chool 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 said properties; that defendants No. 9-27 and 34 are Bharatia tenants, that D..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......t plot viz. R.S. 158 of Khatian No. 234 is part of the Kabuliyat land of Ramzan, grandfather of the appellant. We are to proceed with the questions of title and possession, keeping this basic fact in view. Both the plaintiff and defendant No. 1 claim tenancy right in the land; they also claim posses..
Category: Property Law | Date: | Hits: 82
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