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Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
..................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne......Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determ....... Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real qu..Category: Procedural Law | Date: | Hits: 114
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....72, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was formed with the approval of the Supreme Court the petitioner ...... of their own candidate. The Prime Minister and other Ministers and high officials visited the area after pronouncement of the election schedule and promised the establishment of pourashava and the amendment of the Atiya Forest Ordinance, 1992 apparently to induce the voters. Political adviser of...... bullet injuries and the election was held in gross violation of election law and rules at the behest of the officials responsible for conducting the election compelling the petitioner to lodge complaint with respondent No.2 Chief Election Commissioner seeking cancellation of the election detail..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………......ainur Reza Chowdhury J. - I agree with judgment of my Lord, the Chief Justice. However I would like to discuss and give a short opinion respect to the references made by the High Court Division to amendments of section 20 of Societies Registration Act 1860 made in different states of India by S......also registered under the Foreign Donation Ordinance wherein also there is no embargo in investment for generating income to be used for charitable purposes. He further submits that there is no complaint against the BRAC that they are they using foreign donations in a manner not contemplated und..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....ture or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the l......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... the defendant-appellant as a monthly tenant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated ..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
.... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......evision No. 6467 of 2002) Judgment: M. M. Ruhul Amin J.- S. M. Iqbal Hossain plaintiff-petitioner seeks leave to appeal against the judgment and order dated 27.01.2004 passed b..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......st the judgment dated November 12, 1998 of a Single Bench of the High Court Division in Civil Revision No.3339 of 1992 making the Rule absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assistant Judge, Iswarganj, Mymens..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......the learned Subordinate Judge and Additional Artha Rin Adalat in Title Suit No.220 of 1999 decreeing the same. 2. The facts, leading to this petition, are that the respondent No. 1 as plaintiff instituted the aforesaid title suit in the 4th Court of Subordinate Judge and Artha Rin ..Category: Banking Law | Date: | Hits: 120
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....or Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......storing the judgment and decree dated 23.04.1991 passed by the learned Senior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further ..Category: Property Law | Date: | Hits: 51
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....haled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by t......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......dent No. 1 Janata Bank instituted the aforesaid suit against the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and als..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......Appeal No. 114 of 1997. (From the Judgment and Order dated August 27, 1996 passed by the High Court Division in First Appeal No.211 of 1996) Judgment Md. Ruhul Amin J.- The appeal by the plaintiff is against the judgment dated August 27, 1996 of the High Court Division in First Appeal N..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ....... 863 of 2000) Judgment Syed JR Mudassir Husain J.- This civil-petition at the instance of plaintiffs is directed against the judgment and order dated 22nd October, 2000 passed by the High C..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....nbsp; Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an application for renewa......o these rules which have been framed in 1922. The error was committed, because in the Indian enactment there is no corresponding provision for renewal as it has been the case with our enactment by amendment. But the rules which were framed in 1922 in pursuance of section 59 of the Income-tax Act......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....sp; Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appel...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......n of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of ..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct ...... K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learn......sp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was n..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 .............................................. Respondents Judgment January 24, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 190, 204, 192(2), 528(2)(4) If the complaint is in writing the examinÂation of the complainant will be done by the transferee Magistrate ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....nveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the pro......f Bangladesh, 1972, Article 47 P.O. Nos. 88 and 136 of 1972 P.O. No. 24 of 1973 The President’s Order Nos. 88 and 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-viru......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... authority decides the abandoned character of a property resulting in the vesting of that property in the Government the question whether the property is abandoned or not is not a justiciable issue before the High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been laid to come to the finÂding that the recounting is indispensably necÂessary for adjudication of the election petition. ..…………(13) The High Court Division thereÂfore......the time of counting of all votes, no objection was taken by anybody regarding the counting of votes. 4. The Election Tribunal thereafter conÂsidered an application which was filed on 31.7.78 for amendment of the election petition giving up his entire allegation regarding corrupt and illegal pra...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectment is that Balaram, father of Respondents, was a...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......Transfer of ProÂperty Act is heritable upon the death of the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case fo..Category: Tenancy Law | Date: | Hits: 67
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Re......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......unsif. 2. The facts in brief are that the plainÂtiffs brought a suit for recovery of money by way of damages against the defendants on the allegation that they had cut away the paddy grown by the plaintiffs on their land, as described in the plaint. The trial Court found that the plaintiffs had ..Category: Property Law | Date: | Hits: 56
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