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Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ...... house is an abandoned house and in view of the above and on the face of the contents of Annexure D, E and E(1) along with acknowledgement receipts, and, the facts of this case being different, the principle laid down in 49 DLR(AD) 26 will not be applicable in the present case. Accordingly......o. 321 of 1989 discharging the Rule obtained against the judgment and order dated 19.1.1988 of the Court of Settlement Dhaka passed in Case No.566 of 1987 dismissing the case. 2. Brief facts for disposal of this appeal are that the appellants and their predecessors filed the above Case No......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... no final notification under Section 20 of the Act. The learned Additional Attorney General further submitted that the facts of the cited case are similar to the facts of the case before us and the principle of law enunciated in that case are fully applicable in the present case. 19. Mr. Bhuiya......Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the su......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......rder of his dismissal. He alleged that the proceeding and the order of his dismissal were violative of regulation 28 of the Service Regulations. The Tribunal found no illegality or violation of the principle of natural justice in the departmental proceeding and accordingly dismissed the case. On...... Senior Principal Officer in 1983 was acting as Manager of the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of the Inquiry Officer, the show cause notices an......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70......., I feel, straightaway ignore the international obligations, which a country undertakes. If the domestic laws are not clear enough or there is nothing therein the national courts should draw upon the principles incorporated in the international instruments. But in the cases where the domestic laws......of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they a......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......court was required to deal with the matter in controversy in the context of right and interest of the plaintiff and the contesting defendant Nabisuddin or his heirs and none else. The settled principle of law is that a suit shall not fail for reason of mis-joinder or non-joinder of the arti......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ary mortgage and that the suit filed by the plaintiff respondent Nos. 1 to 3 and others with a prayer for treating the said deed in question as a usufructuary mortgage is, therefore, barred by principle of res judicata and so the trial court committed error in rejecting the petition under O......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... we shall concentrate on the finding as to defect of party. In the partition suit five of the appellants, namely, plainintiffs Nos.1-5 were not impleaded. In a partition suit, the established principle of Law is that all co-sharers shall be impleaded and that failure to implead any co-share...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......llip;………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only……………….......f the jama-whether the pre-emptors are co-sharers in the land, in other words, whether the jama has been actually separated and rent paid separately has not been decided by any of the Courts. Upon determination of this question the fate of 'the two pre-emption proceedings depend, and this questi..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ...... shall also be governed in accordance with the provisions of the said order, namely, President's Order No.50 of 1972, as, if the said order has not been repealed by the repealing Act. 7. The principle laid down in the aforesaid case is fully applicable to the present case. It is, the......ries in the District of Sylhet under the direction of his principal abroad" on behalf of wage earners in U.K." On the said application the Additional Superintendent of Police started the aforesaid G.R. Case. An Inspector of Bureau of Anti-Corruption, Bangladesh Bank Branch, after invest......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......ccupancy right and as such it is not attracted in the instant case. But the “Explanation” to this section is of fundamental importance in that it operates as an exception to the general principle of merger in sub-sections (1) and (2). It provides that if an occupancy raiyat acquires a......engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ......ent (under raiyati) in the year 1931 AD? Mr. T.H. Khan contends that mere title “barga” of the kabuliyat is not sufficient to draw an inference in favour of a barga settlement, and that determination of the issue depends on proper construction of the document. We have considered this ..Category: Property Law | Date: | Hits: 55
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....eres in the evidence. 19. In the case of Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422, the court laid down guiding principles in a criminal case. It observed: "It is that the full facts and circumstance......es not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not be......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....s power to review? Nothing is stated in the Article itself. In answering this question the learned Chief Justice went on to say as follows: “For my own part, I do not regard the absence of any guiding principles, which should' necessarily be of a restrictive character, as a matter for regre......e learned Counsel mentioned that there is a kind of review which enables the Supreme Court to overrule its earlier decision on a point of law while hearing another case involving the same point. What principles are followed in so reviewing its earlier decision is not, however, the subject-matter of ......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ...... company. 12. Whatever little discrepancies were introduced, they did not obliterate the broad fact of the advance of the loan amount by the plaintiff Bank, that being the main question for determination in this appeal, these discrepencies may even be due to chaotic position in which the ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......lification to participate in the aforesaid tender, respondent Nos. 2 and 3 were right in accepting the tender, the same being in violation of the terms of the tender. Further, since in view of the principle stated in 32 DLR 223 AD appellant had the legal right to challenge the acceptance of the ...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo...... Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the t..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S......ecution of the agreement for sale were at Karachi, although there is recital in the agreement that on the execution of the deed of agreement the buyer was put into possession of the property. The determination of the point of time as to when the respondent No.1 went into possession of the prop..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......erfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separation of the powers of Executive, Legislature and Judiciary, that the respon...... Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform the......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......the assessee cannot properly be deducted." 18. According to the Tribunal case of Sarupchand vs. Commissioner of Income-tax, Bom (1936) IV ITR 420 did not support the principle justifying maintenance of one method of accounting for appellant's own purpose and submit......t change the method of accounting, that is method of accounting may be changed in course of assessment...…….(36) Section 13 enjoins upon the assessee no requirement for keeping any portion or system of accountancy for computation of its income, profits or gai......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......ow the defendants to take advantage of such an accidental slip of the plaintiff on a mere technical ground for that would be riding technicalities to death." 8. Keeping this principle in view there is no hesitation in saying that the order was bad and as the appellate cour......s appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of t...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......liance from "Colonial Sugar Mills Company Vs. Irving" (1905) AC 369 and “Delhi Cloth & General Mills Company vs. Income-tax Commissioner", AIR 1927 PC 242. The principle of law enunciated in the first mentioned case has been followed in the last mentioned one......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......efuse such a relief, the court will not hesitate to act." 12. Subsequently, in the case of Nurun Nahar vs. Mohd. Fazlur Rahman (1979) BSCR 135, this Court reiterated the same principles. Further, referring to the provisions for amendment of the plaint as provided in rule 17......ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,......ere would be no need to record further evidence in the suit. He also submitted that the requirement as to payment of ad valorem Court fees on the amendment of the plaint had nothing to do with the determination of the question as to whether he nature of the suit would be changed due to such ame..Category: Property Law | Date: | Hits: 38
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