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Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....th C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recover......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......quired, the said property or the value of the same, or such portion thereof as may be sufficient to specify the decree or to appear and show cause why fee should not furnish security. (2) The plaintiff shall, unless the Court otherwise Directs, specify the property required to be attached an..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... is in question. As to the standing of the pre-emptor and the competency of his application on merit is not in question. The only question is the one that has been set out above. 2. The facts for consideration of this appeal are that the Kabala under pre-emption was executed on 26-7-72, it w......al Court and before decision was given. 3. Apart from this, a simple illustration from the Code of Civil Procedure will clarify the position. If the petitioner would have filed an application for amendment of the petition after registration of the kabala, no objection could be taken and the ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section......ction 26-F of the Bengal Tenancy Act one or more co-sharer tenants of the holding, a portion or share of which is transferred, could apply for pre-emption within the specified time. Section 26F after amendment created a right of pre-emption which is somewhat akin to a co-sharer's right of pre-emptio......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1...... arrival of the ship at Chittagong. An application was filed by the local Agent for port clearance stating clearly therein that ''next port of call Chalna with retention cargo." The Agent applied for amendment of the outward entry before getting port clearance stating therein "Singapore via Chalna I......eports charged the accused with cognizable offences the police were entitled to investigate without a Magistrate order, Mr. K.L. Gauba, a Barrister-in-Law who had represented Saleh, made a written complaint on August 7, 1941 to the District Magistrate charging the respondent with a number of crimes ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....hallenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....uce in writing the terms and conditions of the partnership on which they have been workings so far and propose to work in future. Thereafter a supplementary agreement was executed on April 12, 1958 for removing some mistakes in the deed dated March 31, 1958. Abdul Hussain Sulemanjee continued to h......essments were upheld by the Appellate Assistant Commissioner, on appeal before the Appellate Tribunal orders of assessments were set aside on October 30, 1970. In the judgment it was noticed that the amendment in section 16(3) of the Income Tax Act which was made in 1965, not being retrospective in ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......olam Kibria............................. Respondent Judgment March 29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision n..Category: Employment/Service Law | Date: | Hits: 82
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... Civil Appeal No.72 of 2000. (From the Judgment and Order dated December 13, 1995 passed by the High Court Division in Civil Revision No. 2130 of 1993) Judgment Md. Ruhul Amin J.- This is plaintiffs appeal, by leave, against the judgment dated December 13, 1995 of the High Court Division..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plaint is fraudulent; forged, fabricated, void, collusive and not binding on the plaintiff. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and the structure therein. The subject matter of the suit is 1/2 decimal of land. 3. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....oners (In Civil Petition No. 789 of 2005). AJ Mohammad Ali, Attorney-General, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 20......ll be ensured. Article 19 of the Constitution also provides that the State shall endeavour to ensure equality of opportunity to all citizens who will choose their own representatives and the impugned amendment of the Constitution, contrary to the Article 27 of the Constitution, the petitioners are n......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......igh Court Division in Civil Order No.1451 of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....brother Md. Tafazzul Islam. 2. Having concurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stabili......id provision does in no way authorise the Commission to prepare a fresh voter list for all electoral areas or constituencies upon scrapping already existing voter list since there is provision for amendment, correction and revision of voter list in sections 10 and 11 of the Ordinance and there i......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &nb...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic...... Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is......, the learned Counsel questions? Learned Attorney-General has referred to the British Shipping Laws, Admiralty Practice, by Kenneth C. Mc Guffie Sec. 61 of which, provides that "usually it is for the plaintiffs solicitor to decide which forum he will choose". By this the learned Attorney-General see..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a......ly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court......rayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly..Category: Procedural Law | Date: | Hits: 110
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
...., section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as re......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintif..Category: Property Law | Date: | Hits: 42
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with the plaint and other steps taken in connection therewith is evidence of an assertion by the holder of th..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali, inherited and possessed it. On the death of Hossain Ali his four sons and one daughter inherited it. The sons were Eksad Ali (plaintiff No. 2), Safar Ali (pro-defendant No. 2), Pasand Ali (father of defendant No. 1, Madhu) and..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....y virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, bu......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......nt and it says that easement may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement righ..Category: Property Law | Date: | Hits: 36
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