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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. ......he assets of the Company. On consideration of the affidavits filed by parties, the High Court Division upheld the contention of the respondent No. 1. 4. The facts stated are not disputed. The only question that requires consideration is whether the Company is an "abandoned property" within the ......tation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned Property Control, Management and Disposal) Order, 1972, hereinafter referred to as the Order) on the following facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the C..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....rket, who were not required to pay any excise duty on the said goods. According to the appellant Company, the Stockinet "hoses" manufactured on the appellant's knitting machines were identical in all material respects in length, in breadth, in texture and in use of cotton yarn as r......ion clearly shows that what was required under the Notification for exemption was the weaving of fabrics on circular knitting machines in the form of garments specified in the Schedule and that any question relating to the purpose of manufacture or the use of manufactured goods is not relevant fo......rmining factor according to the specific terms of the Notification, and not the use to which the woven fabrics may be put nor the purpose for which they may be produced. As it appears from the facts of the case, the rayon fabrics as produced by the appellant company are woven on circular kni..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. ...... 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted to consider the above question. 4. Mr. Golam Rabbani, the learned Counsel for the appellant submitted that t......to have been one under Order XXI, rule 97 of the Code had been properly disposed of according to law. In order to find out the correct answer to the said question we shall have to examine the facts of the case in the light of the relevant provision of the Code applicable to the instant case..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. ......ther notice dated 29-7-61 was served upon the defendant asking him to disclose his status, otherwise, it was stated in the said notice, we would be taken to be a monthly tenant of the premises in question. But no reply was given by the defendant to the said notice. The plaintiff, however, subs......d premises by adverse possession and that in consequence of such a stand taken by the defendant, the plaintiff gave up the House Rent Case and sued the defendant as a trespasser. From the aforesaid facts and circumstances, the learned Additional District Judge came to the finding that the defend..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. ...... the Wakf deed suffered from vagueness and indefiniteness. Hence it had not been established that the property in dispute was a part oi the wakf estate. Leave was granted to consider a question of law, as to whether wakf of a Mushaa for the upkeep of a mosque is a valid dedication un...... cases where a bona-fide successor-inherent may claim adverse possession by tacking with the possession of the previous possessor without any breach in continuity and that will depend upon the facts of each particular case. 19. He also contends that the court of appeal below was in e..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. ......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 ......t to which the receiver may be authorised to, or may exercise the power to, take-over physical possession of the properties by removing the persons in actual possession thereof will depend upon the facts and circumstances in each case. The Court shall have to decide the said question on the basi..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. ......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......eal should be disposed of with reference to points raised in the leave order.
8. The points referred to in the leave order, though mentions question of title and possession separately, yet in facts of the present case, the two questions are interdependent and should be treated as such. It is..
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 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......ibunal, which has purported to set aside the election of the Vice-Chairman and the members of the Union Parishad for Ward No. 1. Learned Attorney-General has drawn the attention of the Court to the facts that Respondent No. 3 who presented the election petition to the Election Tribunal was a candi..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....rect or re; the security money remains that of the judgment-debtor, subject to the lien or charge of the security holder. 10. The creditor steps into the shoes judgment debtor, and enjoys the identical as the judgment debtor has over the time of attachment, and his right is subsequently lim......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......osited into the Court in pursuance of an order of the High Court, pending the decision on the objection of the Government as to its preferential claim over security money. 28. Turning to the facts of the present case, we find that the High Court, upon the cited authoritie..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. ...... 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......et issued warrant of arrest and the accused appellants surrendered to the process of the Court. Mr. B. Hossain further argued that the proof of an offence complained of will depend on the totality of facts. No evidence has yet been gone into. It is, therefore, too early to ask for quashment of the p..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....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. ......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...... case of Abdul Wahab Vs. The Crown reported in 7 DLR (FC) 87. 8. It may be noted that the High Court Division being the first court of appeal in the instant case considered the evidence, the facts and circumstances appearing from the record and then held "In the circumstances there is..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. ......—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......to the High Court, East Pakistan under section 66(1) of the Income Tax Act praying that the Tribunal do refer the following questions of law: (i) "Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal had correctly incorp..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. ...... 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......r in the appointment of an arbitrator before such an application can be entertained by the Court. According to the learned Counsel. The question of jurisdiction is to be decided with reference to the facts existing at the date of the commencement of the proceeding in question and not to those whic..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. ...... 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......issioner 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 High Court directed the Tribunal to refer the following questi..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. ......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......d any such objection not so taken shall be deemed to have been waived. Under the rules of pleading also, any objection as to the maintainability of a suit which requires investigation of facts, must be taken in the pleading before the framing of the issues so that the other party may n..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. ......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,......is approbation and reprobation and cannot be accepted. 12. We find that the question turns upon the sufficiency of evidence. It is a question of fact and will be determined on the facts of each case, and no hard and fast rule can be prescribed. If the ballot papers produced..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. 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......t to some interests described in the proviso to subsection (3) of section 20. The purchaser, of course, has the right to annul all encumbrances mentioned in the sub-section. 13. Turning to the facts of the present case we find that the certificate proceeding was initiated for the realization ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal 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 ...... on the evidence, (iii) if the dispute between them 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 requir..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according 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......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned 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.......or a temporary period. The fundamental consideration is that the mandate of the Court as contained in a decree must not be lightly ignored or evaded to the prejudice of its holder. But if from the facts of the case the Court is satisfied that there are good reasons to suppose that the judgment-d..Category: Property Law | Date: | Hits: 61
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