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AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......ctive physical work. The appellant, therefore, contended that the accident inflicted permanent total disability upon him and as he was drawing a salary of Taka 128.62 paisa as his monthly wages, so according to the calculation authorised under the Workmen's Compensation Act, 1923, he lodged the .............Appellant Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East India......his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensation after calculating the sum and asked him to see him on-some future occasion. The..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......essments are barred by limitation, the notices themselves are illegal and there is no justifiable reason for troubling the petitioners by continuing futile proceedings against them. 17. We accordingly, make the Rules in both the petitions absolute and declare the impugned notice and all ......etition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits Tax has been levied is 1.7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax A......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. ...... 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been partitioned by metes and bounds and the cadastral survey record was prepared accordingly and that Raj Kumar Basak, predecessor of defendants 18 to 21 purchased the share of pat...... (Civil Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment July 23rd, 1970......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)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......s asserted by the plaintiffs that the pro-defendant No. 3 did never grant any lease in respect of the diputed premises in favour of the defendant No.l nor did he accept the alleged kabuliyat, which according to them is a fraudulent, fabricated and void document and was never acted upon. 4.......t No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mu......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. ......he offence under section 379 PPC. Without finding regarding the intention of the accused petitioners 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. ......te 1st Class Noakhali, on 15.10.68 convicting the accused petitioner Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The ca......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)
....findings of the Court could have been otherwise. Non-examination of those material witnesses and non-production of their reports have not only prejudiced the accused but have also caused a failure of justice in the case. 11. It is true that the medical insanity and legal insanity are not the sam......f the accused was conscious that the act was one which he ought not to do and if that act was at the same time contrary to the law of the land, he is punishable. The standard to be applied is whether according to the ordinary standard adopted by reasonable men the act was right or wrong. 13. Occa......J K Hossain J State...................................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A T......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)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ction Present: K Hossain J Rakhal Chandra Das and ors.............Plaintiffs-Appellants Vs Benecha Khatun and others........Respondents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948...... 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)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......er for retrial of the accused under a proper charge. 19. In view of the order we propose to pass we thought it was neither necessary nor proper to enter into a discussion of the evidence and accordingly we have refrained from expressing any opinion on the same at this stage. Accordi...... of the case. Ed. ......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. ......Deb is said to have been an unauthorised occupier of the same. 2. The petitioner's case is, that the property No. 3 Harish Chandra Bose Street, Dacca is not an enemy property. The property, according to the petitioner, belongs to Sree Sree Sree Lakshmi Narayan Jiu Thakur by virtue of an e......bsp; Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish ......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)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......tenure holder or raiyat could be determined with reference to the provisions of section 5 sub-section (1) and sub-sections 2, 3 and 4 The question of application of the provision of sub-section (5) according to the learned Advocate, being residuary provision, does not arise in the case. He conten......bsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and oth......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)
....owing observation at page 390 of the report: "Whom to rely upon? whoever is to blame, the fact remains that the lawyer appearing for the appellants could not and did not do full justice to the case and the appellant very materially suffered by reason of the last minute supply......lainant to the effect that prisoner Abdur Rashid dealt 'Dao' blows on his step-mother deceased Maleka and then ran away towards the east. Thereafter, according to the advice of Yasin Sheik and others, who assembled there, PW 1 went to the Kaliganj P...... Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in ......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)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......uted property after its settlement with the plaintiff though the PS Khatian has recorded the name of defendant No. 2. This entry in the PS Khatian clouded the title and interest of the plaintiffs and accordingly, the plaintiffs filed the present suit for the declaration as mentioned above. 3. The..................... Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Na......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)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......e appeal, took the view that the sale deed could not be registered by the respondent No. 2 without a permission from the appropriate authority in view of the provisions of Ordinance I of 1964 and, accordingly, dismissed the appeal. This Ordinance in question, however expired on 31.3.1969 in view......epresented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiw......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)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......the publication of this notification in the official 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,...... Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as......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)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ...... Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classif......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)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... 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. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board o......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. ....... 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. ......nces the plaintiffs have established a case of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instruc......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
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
.... against this, when delay is condoned and the substitution is made the worst that can happen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in deci......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......te not as a whole but as against the heirs of the deceased plaintiffs. It is only when the interest of the plaintiffs is indivisible that a suit abates as a whole not being sustainable with respect to the rest of the plaintiffs……….(12) Cases Referred to- ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ere arrested by the police. 6. On 26-4-1997 the Investigating Officer filed a petition to the learned Magistrate praying to produce the victim girl before a Medical Board to ascertain her age and accordingly, as per order of the Magistrate, the victim was produced before a Medical Board on 30-4-...... who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctors and 16 years of age by the radiologist, report of the later is more acceptable. Thus finding th...... 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
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....hat the attack exceeded such limits and tends to scandalise the Judge to lower down their dignity in the estimation of the general public and is calculated to interfere with the administration of justice.” 5. The impugned Article begins with an elaboration of the theory of s......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ate……………….. Respondent Judgment March 4, 1999. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
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