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Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....well settled that the situation of the registered office fixes domicile of the Company and one of the tests which has been laid down so far a trading Company is concerned is ''whether the directing power resides on, in the expressive language of Foot, where the brain which controls the operation......tered office at Fouzdarhat Industrial Area, in the district of Chittagong. The respondent was an employee of its Bogra Sales Depot. On charge of short supply and unauthorised delivery of goods to one M/s Ally Bross of Rangpur the respondent was found guilty for misconduct. Acting under the ......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. ......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)
.... for the plaintiff-appellant, referred to the provisions of Order 8, rule 6 of the Code of Civil Procedure and submitted that as the rule makes no express mention of counter-claim the Court had no power to give judgment for the balance of set-off exceeding the plaintiff's claim. Order 8, rule 6 ......ut of the same transaction even if is in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10 and 12) Cases Referred to- United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 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. ......;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. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ope and field of the general exemption under the main provision of the law, but this restriction having been imposed by conscious act on the part of the law-makers it is not within the Court's power to dilate the restriction by liberal interpretation ignoring the language of the statute......f a religious or charitable purpose of the institution.”……….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totally exempted from income tax. The Impugned assessment being prior to the amendment, the exempti...... as far back as in the case of the Trustees of Bombay Tribune, by the Privy Council, reported in 7 ITR 415. In the Bangladesh Statute, after the amendment brought about in 1973, it has been specifically laid down that for the purpose of this clause (i) property held under trust "includes a ......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 Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... December 4, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order u...... same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6) ......son for a term not exceeding six months unless in the meantime the Court directs his release". 4. Mr. Fazlul Karim, the learned Counsel contended that the sub-rule (3) specifically mentioned the court granting an injunction can take cognizance of disobedience but a transfe...... 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
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....provisions of Article 10 of the aforesaid Order before the order of cancellation of the contract for sale was passed by the Government. In such circumstances, the trial court acting suo motu has no power to pass the impugned order. 6. The learned Counsel also contended that the plaintiff-appel......ment …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws ex......e alleged contract by itself considered inherent challenge as to the character of the abandoned property and Martial Law Regulation No. VII of 1977 is attracted". Apparently, no elaborate or specifically pointed argument was advanced by the plaintiff's Advocate before the learned Judges of the H...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....struction of property, it requires to be proved that not merely the plaintiff's interest but also the interest of all the parties in the suit and the property concerned need be protected. The power to appoint a receiver as conferred by Order 40, rule 1, C.P.C. should, therefore, be sparingl...... Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It shou......ent No. 1 in relation to appellant No. 1 as well as his dealings with the disputed property are not at all satisfactory. His preference for strangers only shows his indifference and callous attitude. Quite a number of cases have been cited by the learned Counsels for and a......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....ate court. In this connection the learned Advocate has referred to AIR 1936, Patna 591 in the case of Mt. Bibi Mariam Vs. Surajmal and others where it has been held: "The powers of the High Court under section 115 CPC are wide and it has been held by the Calcutta and o......Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up ......ed to the case of Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others 28 DLR 159 (AD). In this case a Bench of the High Court Division discharged the rule as no one appeared when it was called for hearing. Subsequently an application for restoration was filed by the learned Advocate ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....nless proceedings therein are commenced within two years from the date when the damage or loss etc. was caused. His reference to the words used in the proviso is also of no avail because it confers power on the Court to extend two year period of limitation in accordance with Rules of Government t..........Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused...... respondent No. 3 informed the appellant that the Bank guarantee had already expired and the appellant's claim had become barred by limitation. The Admiralty Court was rightly dismayed at the callous indifference of the appellant in not bringing an action within time and at its futile, atte......essels were to give a guarantee to defendant-respondent No. 3 in case of any incident which may occur due to the operation of the vessels. After the incidents caused damage to appellant's vessels a meeting was held in their office where an agreement was reached that the damages caused by the diff..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....mplicated out of enmity. This shall be a matter for the Court trying the accused……………………..(12) The Code of Criminal Procedure, 1898 (V of 1898), Section 202 The Magistrate's power of taking cognizance under section 190(1) in all cases, including those exclusively triable by......legation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A pet......ce Regulations of Bengal a distinction has been made between these two words- “charge sheet and final report”. The report containing recommendation by the police for prosecution of the accused is called charge sheet while the recommendation by the police for release of the accused is called fina......was appointed Managing Director of a Private Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of the proceedings of meetings of the Board of Directors of the Company. The first complaint which had been filed on Mar..Category: Criminal Law | Date: | Hits: 79
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......d J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under sectio...............................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Co...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....before a Magistrate, he may at once take cognizance and proceed with the trial or he may simply direct the police to investigate under section 156 (3) of the Code of Criminal Procedure. The statutory power of the police to investigate a cognizable offence cannot be interfered with under section 561A......d & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a d...... of 1898) Section 561A Quashing of proceedings-When can be ordered? Once it is found that the prosecution under section 420 of the Penal Code cannot be maintained, the question that calls for determination is whether the instant proceedings is liable to be quashed. In the case of A......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its m...... 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental sli......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......f Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kaba......or did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as in the case reported in 51 CWN 644, then such a transaction, whether it is called ‘'Benami" or colourable may be gone into. 6. As to the contention that on reversal of...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved&nb......edical Officer which was inconsistent with the oral evidence of this eye witness with regard to the alleged injuries caused by the appellant and that whether the facts and circumstances of the case calls for awarding the capital punishment. 5. In this case prosecution examined 17 witness...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin ......r the supplementary tender items claimed by the Contractor were admissible or not. The High Court Division remitted the Award to the Arbitrator to determine the unresolved dispute directing him to call for statements from both the parties, take evidence if tendered, give hearing to the parties a...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... of the Code of Civil Procedure. His observations are as follows: "it is true that explanation "according to law" in section 25 of the Small Cause Courts Act limits the power of the High Court in revision but the phrase "according to law" cannot be held to ......Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Ghola......ossession of the suit premises as a sub-lessee" under respondent No. 1. This is an unfair assessment of the trial Court's judgment. In their joint written statement Ansar Ali and Sunil categorically denied the sub‑letting and contended that they were in fact partners from 1976 to 1982......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the tr......regard to the property Nos. 2 and 4 of schedule 'Ka' and the property of schedule 'Kha'. A judgment of need not allude to all the reasons given by the low and it can sustain itself if it is intrinsically cogent enough to stand on its own, but a judgment of reversal which does not discuss or allu......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ellip;Respondent Judgment February 4, 1991 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal N......ce. 3. The criminal appeal and the leave petition are heard together and are disposed of by this judgment. 4. The prosecution case in short, is that, on 9.9.77 deceased Dudu Miah was called by accused khokan, Rafique, Shah Alam, Shafique and Sultan from the grocery shop at Pauda B......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
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. ......sru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Seni......l under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and the......Court of the Sub‑divisional Magistrate, Faridpur relating to production of the accused and shifting of the date for TI Parade. Identification in a TI Parade held long after five months of momentary meeting of strangers is likely to become a questionable exercise. PWs 11 and 12, it appears, stated ..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appellants exchanged their property in Murshidabad with said Proddyut Kumar Bose for his aforesaid Wiseghat property in Dhaka, Bangladesh. On 13.2.64 Proddyut Kumar Bose executed and registered a power of attorney (Annexure D) authorising appellant No. 1, who is the brother of appellant No. 2,...... February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. A......e set a side. This order dated 28.2.85 had been impugned in the writ petition. 8. Respondent Nos. I and 2 in their affidavit-in‑opposition denied that Akhanda Kumar Bose was also called by the other name i.e. Ajit Kumar Bose, It was stated that the disputed property was requisi......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
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