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Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......y and after exempting the balance dues, the landlord took amicable possession of the suit land. There is unequivocal statement in the plaint that the tenants took exemption of the balance decretal amount and gave khas possession in favour of the landlord and the landlord took possession thereon...Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......High Court Division fully concurred with the reasonings of the trial Court but allowed the appeal in part modifying the trial Court's decree insofar as the number of livestock in Schedule Kha and the amount of jewellery in schedule Ga are concerned and set aside the preliminary decree for partition ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......sted in the executor, Madan Sarker, and there was no question of the uncles of the plaintiff or the contesting defendant's father to continue as co‑sharers with the plaintiff. Therefore, the principle of specific plea of ouster of a co‑sharer does not arise in the present case. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......e disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a party as a matter of right. Discretionary jurisdiction in such matters is exercised on equitable principles and one such principle is that delay defeats equities and there must be bonafides in the ......nd property worth Tk. 2,21,65,238.47 which was disproportionate to his known sources of income, that he could not account for the same and thereby committed an offence under the aforesaid Act. This amount included a cash amount of Tk. 1,90,81,565/00. 3. It is the petitioner's case that the cash..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... ascertained and enforceable liability by virtue of the agreement, and the expenditures were incurred for the business during the relevant previous year. 11. It is a well‑settled principle of law that in Income‑Tax matters it is for the Tribunal to decide questions of fa...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......s; and that after repeated requests for the return of the money the accused issued Cheque No. 421813 dated 3.9.88 for Taka 1,00,000.00 (Tk. one lac) and another Cheque No. 421814 dated 3.12.88 for an amount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated ..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......epublic of Bangladesh, 1972, Articles 102, 117 & 117(1) The Administrative Tribunal Act, 1980 (Act VII of 1981), Sections 2, 3, 4 and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legisla...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... and 122(1) of the Constitution. 6. The petitioner next contends that the impugned amendment by providing for indirect election for the scats reserved exclusively for women has destroyed the principle of democracy as expressed in the Preamble, in clause (1) of Article 7 and Articles 8 and ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ....... On appeal the learned 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice the plaintiff ought to have been issued with a show cause notice befo......eram partem rule has been alleged, no notice whatsoever of the action taken or proposed to be taken was given to the person claiming to be aggrieved and failure to give him prior notice was tantamount to denial of an opportunity to be heard on the matter. When one asks who is impliedly entit..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......n adopted here in the case of Goroo Doss Roy Vs. Issur Chunder Bose 32 WR 247 as well as in other cases. "Tenant stealing for the landlord" has been held to be the doctrine upon which the principle enunciated is based. 12. It will be seen that the principle is not of an absolut......ey filed a farog (rent receipt) fraudulently obtained from the shebait of the Gobinda Jieu and the Criminal Case was dismissed. The Shebait served a notice upon the defendants to take refund of the amount paid by them upon returning the rent‑receipt. The defendants did not take any settlem..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......perty and imposition of fine on the transferor have been provided in section 6 of the Act. It is true that a penal provision in a statute is to be construed strictly, but it is also an established principle of construction that if the intent of a provision in a statute is clear then it must be g......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......sts and the price for the stamp of the mortgage deed. He died leaving the plaintiffs as his follows heirs. The suit land is a good crop‑yielding land and the defendant realised more than double the amount of Rs. 200/‑ from the usufructs. The plaintiffs demanded redemption of mortgage upon offeri..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....tated that they along with others purchased 5000 metric tons of cement through auction held on 20.12.90 at the instance of the Collector of Customs and paid the entire amount of Tk. 92/50 lacs by two installments. They also paid Tk. 2,77,500/00 as Income Tax and Tk. 12000/00 as inventory charges. Un......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......he same wherein the importer of the consignment was shown as M/s MA Baker. 9. It was stated that the respondent's claim without fulfilling the requirements of Customs law in respect of the balance amount of cement which was awaiting clearance could not be lawfully entertained. It was also stated ..Category: Business or Commercial Law | Date: | Hits: 130
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......int mess with donor Keramat. In view of the admitted position that plaintiff was a minor at the time of the gift, we are to consider the question of incompleteness of the gift, keeping in view the principle of Muslim Law as to gift to a minor by his guardian. We may refer to section 155 of Mulla......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......f appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court."&nb......9th November, 1985 refused to recall the order dated 30th July, 1985. 6. Leave was granted to consider whether in the facts of the case the disposal of the appeal on the point of limitation amounts to disposal on merit, and whether the decision in Md. Wasiq Khan Vs. Md. Sabiq Khan 31 DLR ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......r the execution of sentences passed by the Military Courts. If we compare clauses (j) and (k) with (l) and (m) of the proclamation it will appear that in providing procedures for the execution the principles of classification of offences like cognizable or non‑cognizable, and their trial b......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....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. ......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. ......erefore, urged that though the learned judge did not record any express findings as to the charge under section 302/149 as regards this appellant, the conclusion at which the learned Judge arrived amounted to an acquittal of the appellant in respect of that charge. So the High Court, on appeal a..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......ence there is no force in the contention that the appellant could not be convicted as an abettor when the principal contemner had been acquitted. 15. It is to be noted that it is an established principle that no one should bring the court to disrespect or minimise its authority by either direc......njunction. Obviously it was a clear defiance of the court's authority which was thereby belittled in the eyes of the public. Mr. M.A. Zaher also is said to have uttered certain derogatory words which amounted to gross contempt of court and those words were repeated by Haji Jalaluddin Ahmed. The High..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....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. ......ertain administrative acts or legislative measures interfering with a civil right of a person, as is initiated on a Writ Petition, is undoubtedly a civil proceeding of original nature and the broad principles of judicial procedure underlying the provisions of the Code as contained in the various ......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
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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.......rt of the proviso, cannot be a mere subjective or arbitrary one, but it has to 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 whi......aid years. The Income-tax Officer thus assessed the gross profits of the assessee company at 436/- 447/- and 447/- for the assessment years 1956-57, 1957-58 and 1958-59 respectively, after adding the amounts of the alleged loans as the suppressed income of the assessee company for the respective y..Category: Fiscal/Taxation Law | Date: | Hits: 164
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