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Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....he said terms." 10. In the year 1957 the original section 19 of the Act was substituted by the present section. The substituted section 19 is as follows: "19. (1) The provisions of section 4A, 4B, 10, 13, 24B, 29, 34, 36 to 44C (inclusive) 45 to 48 (inclusive) 49E,......1963. Judgment: Salahuddin Ahmed J: The Rules Nisi issued in these two petitions have been heard one after another, and as common questions of fact and law were involved in them, they are now disposed of under one judgment. 2. Petitioner in Pe..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......preferred the present second appeal to this Court. 5. Mr. Moinul Huq, the learned Advocate appearing for the plaintiff appellant, submits that both the Courts below seriously erred in law in deciding the question of alleged self-acquired property of Raj Kumar Basak, inasmuch as they..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....rged by him in this appeal is that in the facts and circumstances of the case the courts below seriously erred in law in failing to hold that the plaintiffs' suit was barred by limitation under the provision of Article 47 of the Limitation Act. To appreciate his argument I would like to me......has taken me through the lengthy judgments of the two courts below, and only point urged by him in this appeal is that in the facts and circumstances of the case the courts below seriously erred in law in failing to hold that the plaintiffs' suit was barred by limitation under the provision of A..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......sp; a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the petitioners, argues that the judgment of the trial Court is bad in law inasmuch as there is no finding regarding the intention in respect of the offence under section..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......e dao-blows to one Shurjan Bibi and she died subsequently. He also injured with dao one Pankhi Bibi and one Ulfat Ullah. He thereafter killed Manfar Ullah with dao-blows. He then chased his father-in-law who jumped into the pond and saved his life. He thereafter gave dao-blows to two cows and then t..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....n an erroneous view of law that the TS No 79 of 1949 for redemption was barred by limitation. The reason of the learned Subordinate Judge is that after the amendment of the Bengal Tenancy Act in 1938 provision was introduced in section 26-G of the Act whereby it was provided that all mortgages of th...... the plaintiff in the DS Board proceeding is binding on him and that Ext. 6 being an award of DS Board, the award Ext 6 had no legal validity. The evidence of the plaintiff that he was advised by his lawyer that this award is of no effect and that is why no step was taken has wrongly been disbelieve..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....e evidence, he is proved to have committed and for which he might have been charged under section 236 of the Code. The learned Deputy Legal Remembrancer seeks to invoke the aid of this provision of law in support of the conviction of the accused persons under sections 302/109 PPC. He......e shouted. "Mother, what did you feed me? You would feel the consequence if you had taken the same yourself." Some time after Jahiruddin died in the house of his father-in-law. 4. The prosecution further alleges that on the following morning accused Monglu ag..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......as been stated that the property does not vest in the deity. It belongs to the Boses and Puja expenses of the deity are but a charge on the said property and, as such, the property, in fact and in law, belongs to the Boses and they having migrated to India permanently before the conflict of 1965..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....e treated as part heard. With this little background the appeal has now been heard by me. 8. Mr. Farid Ahmed, the learned Advocate appearing for the appellants, contends that in view of the provision of sub-section 5 of section 5 of the Bengal Tenancy Act the defendants are raiyats under ......e plaintiff that although the defendants were found in possession of the lands in suit they have no right, title and interest in the same nor their alleged interest is protected under the prevalent law and that even if the said defendants are found in possession of lands in suit in Korfa raiyati..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....s made before us by the learned Advocate representing the condemned prisoner for invoking the aid of section 33 of the Evidence Act in the- case of the Constable. We may, however, observe that the provisions of section 33 of the Evidence Act should not be resorted to on flimsy pretexts. 1......n assuming for the sake of argument but not accepting that the testimony of PW 2 Siraj Mia should be left out of consideration for want of formal capability test, we are firmly of the opinion that flawless testimony of the eye-witness PW 4 Fazila read along with the convincing corroborative evide..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....tank and for planting these on the bank. These purposes cannot be held to be agricultural purposes and, as such, the document is entirely for purposes other than agricultural purposes. In view of the provision of section 107 of the Transfer of Property Act which requires a case to be executed by bot......ate for the appellant in this regard does not appear to have any substance and the same is accordingly rejected. 15. The last point urged by Mr. Khondkar is that the Court of appeal below erred in law in holding that the question of limitation against the plaintiff-respondents does not arise, in ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the Registration Act. It appears from the document itself, which was presented to us by Mr. Ahmed Sobhan, the learned Advocate for the petitioner, that the respondent No. 2 took steps under the provisions of clauses (a) and (b) of sub-section 3 of section 34 on that very day in making enquiri......e impugned document was presented for registration Fundamental Right No. 13 was in force. The said Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of pro..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....e for the petitioner is that the granting of time-table to Messrs. High Speed Navigation Company Limited has not been given by a competent authority and, as such, it has no legal effect. The relevant provision in section 54AA of the Inland Mechanically Propelled Vessels Act, 1917, provides as follow......ial Gazette." 7. The learned Advocate for the petitioner contends that the time-tables have been granted by the Director of Ports and Traffic who, according to him, is not the Authority under the law to grant these time-tables. Mr. Rafiqur Rahman, the learned Advocate for the IWTA, asserts that ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nancial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all provisions of the said Act is or are not applicable to any particular or all financial institution......on No. 4375 of 1997 discharging the Rule Nisi. 2. Respondent No. 6, Industrial Development Leasing Company Bangladesh Limited, a non-banking financial institution was constituted under the laws of Bangladesh pursuant to a shareholders agreement dated 26-5-85 consisting of various shareh..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....……………..respondents Judgment July 12, 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitio......3). 19. Dr Zahir then submits that under Article 38 of the Constitution every citizen shall have the right to form an association or union, subject to any reasonable restrictions imposed by law in the interest of morality or public order. The petitioner company was formed by the citizens..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......gong, represented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession but..Category: Tenancy Law | Date: | Hits: 82
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid provisions of the Am -of 1985. On 29- 4-98, an application for bail of the victim girl was filed bef...... for leave to appeal against the said order and obtained leave which is the subject matter of Criminal Appeal No. 22 of 1998. 12. Thereafter, one Meher Chand claiming himself to be the brother-in-law of Mrs. Umme Salma (Suma Chatterjee) filed an application under section 491 of the Code of Crimi..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e restrained from disturbing the possession of the present petitioners in the suit land and if any party has got any claim over the property, the same will be resolved in the appropriate Court of law. Unless and until the matter is resolved by the appropriate Court with regard to title and p..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....uspicion can be raised by the interested candidate of any post election tampering with ballot papers or other relevant election materials. 10. The Rules have provided for detailed specific provisions for due preservation of the election materials which may be required to be used in futur......ening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same has also been found intact under proper seal and cover……..(9) ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
..... 128 of 1972), Articles 34 & 35 The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Article 34(5) has an overriding effect over Order VII, rule 11 Code of Civil Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed ......stance of the defendant BSRS.” 7. Leave was granted to consider the submission of the appellant that when taking over of management and sale of the property without intervention of the Court of law has been challenged in the suit the plaint should have been rejected since Article 34 of the Pre..Category: Property Law | Date: | Hits: 77
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