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Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained l......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in which the High Court in writ jurisdiction cannot interfere. It was also held that the question of mala fide have to be proved and the High Court in writ jurisdiction will again not enter into such disputed fact of mala fide. In the instant case the petitioner was given the opportunity to show cau......tions brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible for administration for holding the examination lodged any complaint against the petitioner but subsequently some interested..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....d and found pre‑emtpee purchaser petitioner cutting within half ripe paddy there from. On inquiry from pre‑emptee purchaser petitioner, opposite party No.1 came to learn that he had purchased the disputed land from opposite party No.2 long before to construct a house thereon. At this the petitio......trial Court as P.W.1 asserted in his evidence that while he was in Qatar in Middle East opposite party No.2 (Transferor) made the transfer in favour of opposite party No.1 who is stranger to the case holding and being away from this country pre‑emptor opposite party did not have the occasion to kn..Category: Property Law | Date: | Hits: 72
....n and get up as mentioned in 'Kha' schedule of the plaint that he has been using the same since 1988. It does not appear from the written objection of the defendant‑appellant that he has been using disputed trade mark though unregistered since 1988 as claimed in his application for registration of......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
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Category: Intellectual Property Law | Date: | Hits: 224
....ncy Act. From this Annexure-C it appears that the said Yunus Mia while executing and registering this Annexure-C has not styled himself as a constituted Attorney of Mvi. Ibrahim Mia who purchased the disputed land. Nowhere in the Annexure-C he mentioned that he acted on behalf of Mvi Ibrahim Mia or ...... retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sale with an agreement to reconvey shal..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ....... But it does not mean that deposit of rent for several months together with the House Rent Controller after default in payment of rent will condone such default. So, Court below was not justified in holding that the defendant was not a defaulter in payment of rent. 8. Now coming to the terms of..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....hese are mainly the posts of Assistant Judges, Subordinate Judges, Additional (District Judges) and these posts constitute the Bangladesh Civil Service Judicial). Neither Dr. Hossain nor Mr. Khan has disputed this fact. 17. It is also not disputed that the posts of Joint Secretary in the Ministry......Mr. Khan also placed reliance on the definition of "judicial service" occurring in Article 152 of the Constitution wherein it has been laid down, "judicial service" means a service comprising persons holding judicial posts not being posts superior to that of a District Judge", and has also asserted ..Category: Employment/Service Law | Date: | Hits: 173
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....icer. There is nothing to show that the Income Tax Officer was not aware of all the relevant facts when he determined the annual value of the house in question and completed the assessment. It is not disputed that the Sonali Estate Agents is a registered partnership firm having its office in the c......n No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circumstances of the case, the Appellate Tribunal was right in holding that the original order of the Income Tax Officer dated 27-1-75, was erroneous insofar as it..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....terest has accrued otherwise than by purchase;” 4. The pre-emptees claim to be co-sharers by inheritance because they inherited the share, in the tenancy, of their father Afzal Miah. It is not disputed that Afzal Miah had become co-sharer in the tenancy by purchase from one of the three origi......arned Munsif, therefore, by his order dated 20 June 1979 dismissed the application for pre-emption. On appeal the learned Subordinate Judge reversed the finding in respect of the pre emptees position holding them to be co-sharers by purchase only and not by inheritance in that their father had becom..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ner to draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by metes and bounds. The pleader commissioner submitted his report to the Court on 27-5-1975 after holding proper enquiries after due service of notice on the Advocates of the respective parties...Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ly to them. 10. So far as the first category is concerned, the applicability of the provisions relating to abatement as contained in clause (g) of the Proclamation to them has not been seriously disputed by the other learned Counsels who appeared and made their submissions. No serious controv......cting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner, or (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that of..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....shall be made so to enhance an assessment or reduce a refund unless notice accordingly has been given to the assessee and he has been given a reasonable opportunity of being heard." 14. It is not disputed that assessment year in question ended on 31-3-57 which commenced from 1-4-56. Consequently......efore the Appellant Assistant Commissioner, who rejected it and thereafter an appeal was preferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal rejected the appeal upholding the assessment order of the Sales Tax Officer. 4. In these facts the following question ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for h..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ord, she deposited rent before the Rent Controller on 13th March, 1984 in respect of those three months. 45. The landlord thereupon instituted the suit for eviction treating the tenant as a tenant holding over after the expiry of tenure on the ground that the tenant did not renew the contract. It..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
.... order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-com......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... 1961 and Article 66 of the Memorandum and Articles of Association of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved w......TO to hold fair and impartial election and the AGM for the year 1998-1999 by preparing the correct voters list by 30th July 2000 and submit report (Annexure ‘B’). While necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......notified on 21-3-99 was for the academic year 1998 as per the provisions of section 46(1) of the statute. The notice issued mentioning 1997-1998 was for enrollment of registered graduates and not for holding the election. Hence the election held in the academic year 1998 is valid. It is further stat..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......Fire Brigade. On 06-11-91 the plaintiff informed the defendant of the incident Messers Henley Associates Ltd. and Messers Allied Inspection Company Ltd. were appointed surveyors by defendant No.1 for holding a joint survey. The plaintiff on 17-11-91 submitted the Claim Form duly filled in. The surve..Category: Business or Commercial Law | Date: | Hits: 211
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....should be 11th July 1997. Therefore, it appears that the date of arrival of the ship at the discharge part, as alleged to have been agreed upon by the owners of the ship with the Charterer has become disputed. 27. The learned Senior Advocate Dr. M. Zahir argued that admittedly the ship loaded th......ort of delivery arose out of various contracts. So it is not correct to say that the claim of compensation for damages is independent of any contract. Thus, the learned Admiralty Judge was correct in holding that the suit is not maintainable in Admiralty jurisdiction on this court as well.” 19...Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......loor of Holding No.74 Motijheel Commercial Area, Dhaka since 1961. Like the plaintiffs predecessor-in-interest the plaintiff was accepted as monthly tenant in respect of ground floor of the aforesaid holding. While the plaintiff had been running his business in the aforesaid holding, this Holding No..Category: Tenancy Law | Date: | Hits: 135
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