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Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bibi, wife of Syed Abdul Hakim by kabala Exhibit 1......f the defendant, as the tenant under the plaintiff. It was concluded that the rent-receiving interest having been acquired the plaintiff ceased to have any interest in the disputed land. Exhibit 2 khatian has been recorded in the name of the defendants. Exhibit F is the report of the Advoca..Category: Property Law | Date: | Hits: 47
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....nefit under a deed executed by a pardanashin lady is required to prove that she had independent advice about the transaction and that she understood the terms incorporated in the deed, what is disputed is that the proposition of law does not extend to bona fide transferee from the said bene......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....ivision in revision having concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred where&sh......ds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these plots is 1.28 acres or..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... money constituting the Prize Court Fund. The contention that the Court Prize Fund consists of money payable Info the Public Account of the Republic is not disputed and learned Judges have acknowledged it to be so. The point is how the Governm......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....oses penalties for incorrect statements before the Tribunal. The learned Chief Justice also observed that the power of the Court to issue writ of certiorari and prohibition in such a case was not disputed. Mukherjee and Patanjali Sastri, JJ. in recording a dissenting judgement took a contrary ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....be determined on the construction of the provision in question and the importance attached to the direction therein.” It was further observed: "It can hardly be disputed that if the advice is said to be mandatory it shall be mandatory with respect to advice o......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....s, thus, been materially affected on account of the irregularities already discussed above and that the election of opposite Party No. 3 is void. Election so far as it relates to the two disputed centres is void and the appellant's election as Chairman of the Khulna Paurashava was set ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....lt at Chalna Port, Normal voyage takes 3/4 weeks. This vessel instead of proceeding to Bangladesh travelled in the opposite direction to a port at Dar-es-Salam for discharging fertilizer. It is not disputed that the vessel went to Dar-es-Salam which is not on the normal geographical route. It is i......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
.... retainable class of land under section 20(2) of the Act read with Ordinance No. 12 of 1960. 5. The learned Judges of the High Court Division, after hearing the parties, held that the disputed plots of land having fallen within the periphery of hat and bazar were within the boundar......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ough important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only on the consideration of source ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......of defendant No. 2 as Magura beel the plaintiffs filed the suit. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner under section 20(3) of the State Acquisition and Tenancy Act as ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....e charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... of the year 1969 which shows a much low price of land Of the adjoining area in that period. Obviously, the price of land at that time was much lower than that at the present time. However, it is not disputed that the earnest money of Taka 4,600.00 paid in 1969, would have increased by about 10 time......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....ourt that the Governor passed the impugned order upon acceptance of the Screening Committee's recommendation for retiring the plaintiff on its finding that the plaintiff was inefficient. Nor was it disputed there that by reason of an amendment effected as far back as on the 28th February, 1959 i......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
.... its running business together with all its assets and liabilities to the private limited company 'M/s. A. K. Khan Plywood Company Limited' and whether any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on t......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....lities of pecuniary benefits" and confirmed the decree of the trial Court. In the High Court also the suit was treated as being a suit for damages under the Fatal Accidents Act of 1855 and it was not disputed that the girl had died due to motor accident or that the accident had been caused by the ra...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....owing the cause of delay in the inquiry. On the other hand, learned counsel for the accused has traced out the progress of this case from the record minutely. This chart (Annexure 'A') has not been disputed by the learned counsel appearing for the State and the complaint. Its summary shows that ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....est bidder, who shall at the time of sale, deposit the full amount of the purchase money. It is not in dispute that the procedure laid down in section 525 was followed in conducting the sale of the disputed property. Mr. Asrarul Hussain has not also raised any question as to the applicability ......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....possession, a few facts may not be lost sight of. Adverse possession implies that it had commenced in wrong and is maintained against right. The plaintiff has claimed to have his entry into the disputed land under an agreement of purchase with defendant No.1 who had no title thereto as found......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....Cinema Hall as a commercial investment with effect from 1st august 1987. This finding is uncalled for and not borne out from Ext. A and on that basis wrongly passed the order of remand and that the disputed electricity bill was for a period from 30-6-82 to 20-8-82 and, as such, the remand order ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122