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Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......p; Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Hossain Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; K......ion of clause C(ii) to mean bifurcation of the wakf into charitable and secular and secular portion will go to beneficiaries, is well founded. We have given our reasons and no further discussion is called for. 16. His next contention is that, we should apply the test of Mutwalli as rent-r......e Wakf property as Mutwalli of the Wakf estate. In terms of the Wakfnama the plaintiffs as the heirs of three sons of Keamuddin Sardar are entitled to enjoy the usufruct of the wakf property after meeting expenses for charitable, religious and other purposes. Thus leaving aside the land for the ..

Category: Others | Date: | Hits: 142

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....urely one of law relating to true meaning and scope of section 423 (1)(b)(2) of Criminal Procedure Code, namely, whether the High Court on appeal against the conviction regarding some charge, is empowered to alter the finding of acquittal in respect of other charge or charges into one of convict......sp; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), S......eration of the conviction of the appellant from Code amounted to alteration of an order of acquittal from the charge under section 302/149 into one of conviction under the same charge. It may be recalled that the appellant was charged under sections 148 and 302/149 along with 17 others. He was, ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

.... election of the Vice-Chairman. They, therefore, acted in utter disregard to and deliberate violation of the order of injunction of the court. Further they arranged and led a procession to show their power vis-a-vis the power of the court and they also uttered objectionable words derogatory to the p......hat when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they participated i......ged that at about 12-30 P.M. on the 9th December, 1966 Mr. Mainuddin Ahmed along with the process server (P.W. 3) of the court of the Munsif, Naranyanganj and two others went to the Municipal office, called out the Secretary Khurshed Alam Khan and P.W. 3 the process server offered the notice upon th......olling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed on the 10th December, 1966 for electing a Vice-Chairman. In..

Category: Civil Law | Date: | Hits: 142

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

.... the various Orders in the Schedule to it may be invoked, so far as they are applicable, in an appropriate case. Moreover, the High Court exercising constitutional jurisdiction has also an inherent power in this regard. Under the general principle of judicial procedure as well as under the provis......Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate -on-Record.—For the Respondent No......ition under section 5(3) of the said Act. 3. An application was filed before the said Bench on the/29th of January, 1968 (the 27th and 28th being Saturday and Sunday respectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

....d presented to the Court or to such officer as it appoints in that behalf and has to be accompanied by a copy of the decree Appealed from and of the judgment on which it is founded. Rule 1 empowers the appellate Court to dispense with the filing of the judgment but there is no jurisdict......ip;……….Appellant. Vs. Waliullah and others……………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of......of such land and the procedure for assessment of compensation. What is meant by this provision is that the correctness or regularity of any order made or action taken under the said chapter can be called in question only in the manner as laid down in the said chapter, and it cannot be chall...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

.... be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a person or body has the c......er of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: The appeal is allowed. Cases Referred to- Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; ......ounts, did not accept the story that they were advances as loans by the mother of the Managing Director of the Company but at the same time did not express any opinion as to the real nature of the so called loans. The pith and substance of the decision of the Revenue Authorities as well as the Appel......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)

....ged company which operated several mills in India and also owned some godowns, situated in Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property......als. Vs. Commissioner of Income-Tax, Chittagong…………....Respondents in both the appeals. Judgment, Jan. 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported ......a as well as Pakistan and as such assessable under section 42 of the Income-tax Act and the appellant's income attributable to the operations in Pakistan was computed on the basis of what was called the Two-man Committee's decision. The Income-tax Appellate Tribunal after rejecting the......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....of the Company of 3.3.72 On 14.4.72 Mr. Saifuddin appointed respondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Compan......nt. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Maye......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ing anything in the memorandum or articles of association of the company or in any agreement or instrument, shall have the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Companies Act, 1973 (Ac..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)

.... behalf of the appellant, has drawn our attention on the term of the Notification which calls for an interpretation in this appeal and is to following effect: "In exercise of the powers conferred by sub-section (1) of section 12A of the Central Excise & Salt Act, 1944 (I o......ellip;....Appellant. Vs. The Govt. of Bangladesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lill......r knitting, machines were exempt from excise duty. 4. Mr. Habibur Rahman, learned Counsel appearing on behalf of the appellant, has drawn our attention on the term of the Notification which calls for an interpretation in this appeal and is to following effect: "In exerc......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....ncil with costs, the order as to costs is to be enforced by execution in the court which passed the order originally. It was observed that the Code is not exhaustive and that there; is an inherent power in the court to have the order for costs passed by it to carry into effect. In the case of Pa......ndra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. M......n section 2(14) of the Code. It is significant to note that the heading as has been given to Order XXI is "Execution of decrees and orders" although all the rules of the said order specifically refer to decrees of Civil Court. We have already seen that an order of preemption passed......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....ircumstance the case is generally, sent back to the said Court for a rehearing of the/ matter on evidence by the same Court. The High Court may, however, hear the case on, evidence in exercise of its power under section 103 C.P.Code if it so choses. But in the said event, it shall have gone to into ...... Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..

Category: Tenancy Law | Date: | Hits: 68

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

.... the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rules was the Government concerned issued a noti......Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.......lants has, however, contended that the Deputy Commissioner being none other than the representative of an enemy alien, the disability which had been created under section 83 of the Code would automatically attach to him. We have failed to appreciate this argument of the learned Counsel. The disabili......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ......un & others………..Appellants. Vs. Haji Md. Ibrahim Meah and others......Respondents Judgment November 28, 1975. Result: The appeal is allowed in part. Cases Referred to- Rani Harshamukhi Kshitndra, 47 C.W.N. 662, Anup Mahto vs. Mita Dusadh, 38 C.W.N. 365 (P.C.), ......er of Defendant No. 1 was terminated by the superior landlord, Moifula Khatun, who settled the land thereafter, with other tenants. In this view, a detailed discussion on defendant's title is not called for. But that does not automatically create title in favour of the plaintiff. 10. Plainti...... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)

....make such order as may be deemed fit in a particular case, the Tribunal shall have, no doubt, to declare the election to a particular office to be void as a whole but it would be perfectly within its power to direct that fresh polling shall take place only with regard to the polling centre where the...... The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellat......on was opposed by the appellant as well as by the Presiding Officer who filed separate sets of written objection, in which the material allegations in the election petition were denied. It was specifically asserted in the said written objections that the counting of the votes cast in the election ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..

Category: Election Law | Date: | Hits: 122

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....n perfectly clear by qualifying all those properties by using the expression, "belonging to the judgment-debtor" or "over which or the profits of which, he has a disposing power". 9. The subject matter of attachment in the instant case is no doubt a sum of m......J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs. Hukam Chand Sarupchand AIR 1939 Bombay 90; Province ......the Code. The relevant passage may be quoted: "When either immoveable or moveable property is offered as security, the proprietary interest of the surety is not automatically extinguished. Merely a first charge is created on the security .which will have to be availa......ment in deposit for due performance of contract could be attached in execution of decree against the depositor, the judgment-debtor; and (2) whether the amount can be utilised for meeting the claim of decree-holder before the said amount becomes refundable to the depositor...

Category: Civil Law | Date: | Hits: 103

Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

....of 1969). Judgment Ahsanuddin Chowdhury, J.—These two appeals, by special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. ........ Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317......ring the enquiry it transpired that the stockist was giving delivery of inferior quality of coal mixed with dust and earth and also less quantity to the consumers. This allegation necessarily calls for evidence. As the moment, only the petitioners were summoned after the submission of the ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..

Category: Anti-Corruption Laws | Date: | Hits: 225

The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ttagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 ......recting the Income Tax Appellate Tribunal, Dacca to refer the question of law set out above for decision of i he said Court. 8. A Division Bench of the High Court, first issued a rule calling upon the respondents to show cause why the Income Tax Appellate Tribunal should not be dir......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

.... contended that the service of notice as contemplated in section 8(2) of the Act is not a question of mere procedure but is of jurisdiction and that the condition precedent to the exercise of any power under the aforesaid provision of law, including entertainment of an application thereunder, is...... Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton......a copy of an application under section 8 of the Arbitration Act could not be taken to be a proper service of notice as contemplated in section 8(2) of the Act and that since the service of the so-called notice did not take place at least 15 days before the filing of the application, the Court ha......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 258

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

.... thereof, the tenure or holding, shall, subject to the provisions of section 90 of East Bengal State Acquisition and Tenancy Act 1950, where that section is in force, pass to the purchaser with the power to annul encumbrances with the restriction provided by the Act. This is the material part of t......��…………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Result: The appeal is allowed. Cases Referred to- Ananda Chandra Nandy Vs, Jhulon Singh. 33 C.W.N. 305; Sri Bansi Gopal Jiu Vs. Uday Chan A.I.R......) with right to annul the encumbrances. 14. We now turn to the other part of the validity of the title of the plaintiff, on the basis of the sale, held on non-service of notice under s. 7. This calls for the consideration of section 36. The relevant portion for discussion may be set out. It ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....e and the result would be that the appellant would remain the Mutwalli of the Wakf Estate as was decided by the learned District Judge, provided, of course, his decision was within the scope of his powers conferred by section 43 of the Ordinance. The learned Counsel, therefore, first attempted to ............................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. Result: The appeal is dismissed. Cases Referred to- Must. Dirji Vs. Smt. Goalin, AIR 1941 Patna 61 (E.B.); Afsaruddin Vs. Wazed Ali Khan and ano......n means the function o f "deciding litigated questions according to law" deciding them not arbitrarily but on evidence and according to certain rules of procedure which ensure that the person, who is called upon to decide them, acts with fairness and impartiality. It is often said that two of the im...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...

Category: Trust/Waqf Law | Date: | Hits: 182

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