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Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......tion 66 of the Income Tax Act which was marked as Application No. 1 of 1981 raising the following question of law: "1. Whether on the fact and in the circumstances of the case the Tribunal was justified in finding that the Income Tex Officer and the Appellate Assistant......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......raining the Government from interfering with the peaceful possession of the plaintiffs. On 27th February, 1975 they, however, withdrew the suit and filed the present suit. 2. Their further case was that defendant Nos. 1 and 2 tiled Title Suit No. 107 of 1966 in the 4th court of Subordina...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......or dissolution is required to be made in a suit for dissolution, the declaration of partner's share therein and taking of accounts map be necessary, depending on the facts and circumstances of each case. He also mentioned that the findings arrived at by the trial court regarding the title and circ...... started a firm at Chuadanga in the name of Mahabir Cinema Company, each having one-third share, mainly to deal in showing of films and cinematograph; (b) With the above purpose the firm acquired landed properties described in the schedule of the plaint for starting a cinema hall which was propo..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ption of law as well as non-consideration of material evidence, and as such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proce......r Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the superior Court staying the Execution proceedi..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......fence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at t......p;………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have settled up all their differences...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... The alteration of the finding by applying section 149, instead of section 34, is not bad in law as ‘‘common intention" and "common object" have overlapped in this case……….(9) The respondents being members of an unlawful assembly and w......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned and possessed by one Gouri Dasi, her mother who was on......of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The case is remanded to the High Court Division for disposal. Cases Referred to- Pa......1 instituted Miscellaneous Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recorded in C.S. Khatian No. 1397 and S.A. Khatian No. 1650 of Mouza Mymensingh town und..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......is the appellant. Plaintiff respondent filed the suit being O. Suit No. 93 of 1964 in the Court of Munsif, Chittagong for ejectment of the defendant M. A. Sattar (predecessor of the appellant). His case was that the defendant was a friend of his and on his request the plaintiff gave the defen......ive accommodation. The defendant was making delay in finding alternative accommodation and when the plaintiff told him to vacate the defendant gave out that he has already purchased a plot of land and would leave that the suit premises after construction of his house; even after constr..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......o account-principles to be followed passing accounts. Court’s duty in regard to of expenditure made by the receiver is to have them duly checked by a competent Accounting Authority. In case it is found the receiver is to be re-inforced for expenses made by him under Court’s dir......ndent No. 1 K. A. Gani as receiver of the properties. The receiver, it appears with court's permission started constructing a commercial building consisting of shop-rooms in the ground-floor in the land of Schedule A of the compromise decree but as he failed to render accounts of expenditures fo..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......quot; to manage and administer certain waqf property when a Wakf estate is taken over by him by a Notification under section 34(1) of the Ordinance; but no such situation has arisen in the instant case, it has been further pointed out, again, the learned Counsel contends that when there were all......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ...... May, 1977 they impleaded the new landlords as an Opposite Party in Rent Deposit Case No. 112 of 1975 while they had filed against the previous landlady Parul Bala Ghose and in connection with that case they began depositing rent with the Rent Controller. The plaintiffs-landlords served a notice u......ondents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... 2. Defendants are the appellants Plaintiff respondent filed Title Suit No. 66 of 1966 in the Court of Munsif, 2nd Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ and ‘Kha’ of the......hman & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a te..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......l Haider Chowdhury J.- This appeal by way of special leave arises out of judgment and order passed by the High Court Division in Civil Revision No. 340 of 1981. 2. Briefly the background of the case is as follows: Plaintiff-respondents filed Other Class Suit No. 28 of 1962 for permanent inju......e for attachment of the properties of the defendant and for civil imprisonment on the ground, inter alia, that the defendant had violated the order of permanent injunction and entered into suit the land forcibly in the first week of April, 1978. This application was filed on 4.9.79 and thereafter ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......llip;….(4) The matter fell between the concurrent jurisdiction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed&h......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... or whole of the plaintiff's claim. Apart from the plaintiff's suit the set-off has no legs to stand upon. In support of his contentions the learned Advocate for the appellant also relied upon the case of United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 AD decid......d December 31, 1979 to January 3, 1980. No complaint was made in respect of delay in discharging the cargo. Defendant-respondent No. 2 deposited in the plaintiff-appellant's account in Holland U.S. dollar 149,986.14 only instead of U.S. dollar 200,472. 80 being the total amount of ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... Present: Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of Taxes..........................................Appellant (In all the cases) Vs. Ghaus-i-Pak-i-Azam Welfare Trust........................Respondent (In......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......ce this statutory provision and erroneously took, the average value during the period between requisition in 1961 and acquisition in 1968. 5. But neither the Government nor the land owner in this case is entitled to any benefit from this erroneous view taken by the learned Single Judge. Neither ......(XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of ac..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ous circumstances surrounding the making of the will" which were not explained by the propounder, the District Judge failed to make correct assessment of the evidence adduced in the case. 5. Leave was granted to consider whether there were any, patent unfairness and inhum......n the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Haricharan to third parties a few years before his death. The thumb impressions in th..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... to consider the question whether the expression "Court granting an injunction" in rule 2(3) of Order 39 of the Code of Civil Procedure would mean "the Court" to which the whole case has been transferred or it would mean the Court which originally issued the injunction for ta...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
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