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Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ellip;……………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khan......ng and then died in 1970 leaving son Md. Nasim as his only heir. Md. Nasim was a national and permanent resident of Bangladesh and he used to possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and..Category: Property Law | Date: | Hits: 89
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....ws, etc.-The provisions of this Act or any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any rule, regulation, by-law, agreement, award, settlement or term of condition of services. 4. Power of Government to......………………………. Respondents Judgment December 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) an......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....the High Court Division, thus, clearly fell into an error upon an identical misconception of law as to the meaning and purport of cause of action for the suit in holding: “I am in agreement with the lower appellate Court that the cause of action was the threat held out by the......is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge, Meherpur allowing Title Appeal No. 156 of 1986 an......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 per month as before. In pursuance of the said agreement the plaintiffs executed on 31 May 1977 a kabala in favour of the defendant in respect of t......g dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd, 1996 Cases referred to- Akhbar Shah vs. Yusuf Shah, 16 DLR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and a...... Ganguly Road within the town of Mymensingh described in the schedule to the plaint and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.0..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ng 1.44 acre to the defendant for a consideration of Taka 3000.00 by means of a registered kabala dated 18 Jaistha 1364 BS corresponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repa......g dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the p......ellip;………………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Ch...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....e (3) provides that all sums due to the Corporation from the borrower or his surety shall be recoverable as arrears of land revenue. Article 27(1) provides that where by reason of the breach of any agreement by the borrower the Corporation becomes entitled to require the immediate payment of the ......suits was substituted by Act No. LI of 1990 with effect from 31-7.1990. At the instance of the appellant, the applications pending before the learned District Judge, Tangail were transferred to the Court of the learned Subordinate Judge and Artha Rin Adalat, Tangail which were renumbered a......ticle 26(1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corpor..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....iefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the said lands in their favour within 7 years o......ellip;………………..Petitioners Vs. Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawa......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ........Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 Case Referred to- Food Corpn. of India vs. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601. ......filed by the petitioner. 2. The Petitioner filed the said writ petition seeking a Rule Nisi calling upon respondent Nos. 1 to 4 to show cause as to why their action in refusing to allot and sell the Bash Mohal Juri/l/Bash-1997 (Surma Charra) to the petitioner in terms requested by the no..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....d a sanitary latrine thereon at a great cost. He also raised the level of the low land. In March 1964 defendant No. 1 without executing and registering the sale deed in terms of the aforesaid agreement migrated to India. Although he came back to Bangladesh in 1972 and 1973 he failed to ful......bordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....tered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreement was made between the appellant and respondent No. 4 to effect that the appellant would en...... 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for con......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....t India will retain the southern half of south. Union No. 12 and the adjacent enclaves and in exchange Bangladesh will retain the Dahagram and Angarpota enclaves. The ground of challenge was that the agreement involved cession of Bangladesh territory and was entered into without lawful authority by ......Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....s Managing Partner, as the owner of the suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot No.49 Block No. CES(A). Gulshan Model Town, Dhaka, had entered into an agreement with him on July 5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on t...... The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon......e suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot No.49 Block No. CES(A). Gulshan Model Town, Dhaka, had entered into an agreement with him on July 5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,..Category: Property Law | Date: | Hits: 76
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....n a procedure to ensure that the windfall gains thus accrued be transferred to Bangladesh Petroleum Corporation Tax free and it was decided that Bangladesh Petroleum Corporation would enter into an agreement with all the Petroleum Marketing Companies at ERL transfer price obtaining before the re......ver-riding title is fully attracted. The disputed amount never reached the appellant as its income.………………………(23) Cases Referred to- S Naseem Anwar vs. Income Tax Officer 15 DLR 414; Tata Iron & Steel Co Ltd. vs. NC ......eement with all the Petroleum Marketing Companies at ERL transfer price obtaining before the revision of petroleum products price inclusive of all the stocks held by their agents and dealers and reselling the same immediately afterwards to the Oil Marketing Companies at the new fixed ERL transfe..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....he matter is whether the appellant was at all authorised to make any transfer of the acquired land in favour of the plaintiffs. In other words, the question is whether there was a valid and lawful agreement between the plaintiffs and the defendants to be enforced. It is not disputed that the sui......, Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act………&hell......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... The defendant inducing one Anwar Hossain a third Party by way of subletting without consent of the plaintiff and also changed nature and character of the shop thus violated clause 4 of the tenancy agreement and thereby made him liable to be evicted from the suit premises…………(16 & 17) ......trol Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The r...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......nbsp; The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Ord......ubstituted and no summon was served on proforma defendant No.7. 3. Plaintiff-respondent’s case is that, Jaripuddin was a co-plaintiff of the suit and later when he confirmed to sell the ejmali property he was made proforma defendant No. 7 and a notice of temporary injunction..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....hin the consumer premises for electricity use. In this case, the location for installing such circuit breaker panel and/or metering devices with accessories, shall be, in principle, selected by agreement between the consumer and the Board at the shortest possible distance from the Board&rsqu......he failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the freezing plants which the respondents are liable to compensate. Restoration of the pow......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....ng for the defendant-petitioner, submits, first, that the notice that was served under section 106 of the Transfer of Property Act was not sufficient as there was a specific provision in the original agreement of tenancy with the original owner, the mother of the plaintiff, for giving one month’s ......thout any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyer......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
.... for preparation of computerized telephone and telex bills for Dhaka, Chittagong and other areas of the country. The tender of the respondent company being the lowest was accepted and accordingly, an agreement was executed between the appellant and the respondent on 16-2-1988. Clause 1 of the agreem............................Respondent Judgment June 12, 1997. Result: The appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned su......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
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