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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......d. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......erments made by the plaintiffs and further asserting, inter alia, that he is a respectable physician, he carries on his profession and the business of medicine in the suit premises and it is the only source of his income; that the plaintiffs' predecessor and the plaintiffs refused to accept the pres..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
.... was good and the plaintiff and the members of his family did not need the house for their own accommodation. The suit house also did not need any reconstruction. DW 1 also filed Ext. E, municipal tax receipt to show that the plaintiff owned another house at 114/A, Distillery Road, Dhaka. DW 2 ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......ion of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......he result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... of Pulin Sarkar and the appellant himself was engaged in bringing out and washing the dead body. This statement, however, is not there in the F.I.R. made by him. There he slated that he received source information that the appellant had killed his wife and her dead body had been concealed in th..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....elf rented a flat being flat No. 2 in Ispahani Colony at Dhaka. He exercised all manner and acts of ownership and possession in respect of the disputed house and went on paying ground rent, municipal tax and urban tax. He paid income tax on the rental income of the house by a chalan dated 29.11.72 f......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... the Act controls the Schedule; but contention of Mr. Asrarul Hossain is that it controls only Schedule I of I960 and no other Schedule which came thereafter. Mr. Asrarul Hossain has contended that a taxing statute should be construed very strictly and that in such a statute only the express 'words'......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......4 also does not use any expression like -'new entrants'. This Article in an enabling provision in that it gives the Corporation authority to appoint its employee. In fact this Article is the only source of the Corporation's authority to take appointment of its personnel. Even the employees of ..Category: Employment/Service Law | Date: | Hits: 97
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......rily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......This order was challenged by the lessee. The High Court granted writ following AIR 1954 SC 592. The DFO obtained leave. The Supreme Court observed: "We are unable to hold that merely because the source of the right which the respondent claims was Initially It. a contract, for obtaining relief..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... the agency of Bangladesh River Steamers Ltd., was concerned." and in this view of the matter, it was held that the receipt of Tk. 1,50,000/00 was capital receipt and it was not liable to tax. 7. Mr. Habibul Islam Bhuiyan. learned Counsel, appearing for the appellant, in a painst...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......is appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......nion it is a capital receipt and not revenue receipt and as such not liable to be taxed." It was further considered that by termination of the agency the assessee has lost its revenue earning source and ''it has destroyed the structure of agency business with P.R.S now Bangladesh River Stea..Category: Fiscal/Taxation Law | Date: | Hits: 84
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... some 20/25 years back. The view was taken that their possession "was adverse to the knowledge of Municipality' and m these circumstances "the Municipality was with the right of collecting rent and tax only as in the meantime the defendant 1 and his brother acquired tenancy right by adverse po......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......nd there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....eader contends that Chetla hat stands in an unique position, from the fact that it was established by Government, and he seeks to make out that the sums collected in the hat were in the nature of a tax or sayer duty, and not of the nature of compensation for the use of the land on which the stalls......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ourt By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ich brings in custom. It is the one thing which distinguishes an old-established business from a new business at its first start. The goodwill of a business must emanate from a particular centre or source. However widely extended or diffused its influence may be goodwill is worth nothing unless ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, ......e. In that case the agreement was created for 2 years at a monthly rent of Tk. 1600/- and the agreement mentioned payment of an advance of Tk. 19,200/- out of which an amount of Tk. 800/- will be deducted every month towards payment of rent so as to adjust the advance amount. This clause was fou......h Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....t-receipts the defendant was shown as Amir Ali's son. There are the documents which contain Amir Ali's statements admitting the defendant as his son. The other documents are papers like Income tax receipts, nomination papers, private letters, etc. in which the defendant was referred to as A...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......nd all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Behari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (1957) 9 DLR 112; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......r for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section 18 (a). The appeals are allowed. Cases Referred to- Commissioner of Income ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......lowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....wed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plai....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......e High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....ice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C.W.N. 812; The Commissioner of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Province of Bombay Vs. Khushaldas S. Adva......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ...... of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......e is illuminating- "Even if the number of members falls below that required by statute, the company continues to have a separate corporate existence. This fact can be a source of considerable embarrassment, particularly in a private company, for it may happen th..Category: Business or Commercial Law | Date: | Hits: 107
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