Judgment search - Chancery Law Chronicles

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Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... the East Bengal State Acquisition and Tenancy Act was illegal and void and for injunction. The suit was dismissed. The appeal filed by the Appellants being Title Appeal No. 330 of 1960 was also dismissed. The Appellants thereafter filed a Second Appeal where it was recorded by a Division B......nt) Ordinance, 1956 (E.B. Ordinance No. III of 1956) or of any other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other inter...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the aforesaid three sale deeds executed by him for a consideration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is a......rks has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder fo......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

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

.... The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was alleged by the de......l Khatoon, and Mst. Sabhai, a sister Mst. Jawahar Khatoon and a daughter Qaiser Khatoon. Mst. Sabhai died two months before the institution of the suit. Hence one of her sons from a previous husband, called Amiruddin, also joined as plaintiff. Another son, Waziruddin, from the same husband who did n......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

.... notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the pl......he case of a finding against the person concerned, with the recommendation provided for in that section be submitted to the authority by which the person concerned was appointed hereinafter called the appointing authority, and that authority shall pass orders thereon according to law." ......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

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

.... The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, Attorney-General, instruc......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......ff resumed the work again, ...The Sub-Divisional Officer, C & B, ...dated 17.8.62 again requested the plaintiff to stop the work at once...Plaintiff had thus to stop the work again suffering huge loss for which the defendants are fully liable and responsible". 11. It will appear from the ..

Category: Others | Date: | Hits: 103

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

.................................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed b......e bifurcation of the Pakistan Industrial Development Corporation in June, 1962, the services of the said two respondents were transferred to the East Pakistan Development Corporation (hereinafter called the Corporation) and their appointments were duly approved by the Corporation on the pre-......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..

Category: Employment/Service Law | Date: | Hits: 96

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....58 along with statement Ex. 43, it appeared that there had already been a shortage of Rs. 2,624-2-0 on the date of assumption of charge by the appellant. Hamid Hussain made over charge to his successor cashier Abdul Aziz Syed on 30-4-58. Thereafter, the appellant continued to hold the office of ......nnot be said with certainty if any element of dishonesty was involved in the transaction, although the transaction was highly irregular, the same being against the Financial Rules, and apparently called for departmental action. 19. The learned Judges of the High Court have taken that the appe......d by the Financial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved:..

Category: Anti-Corruption Laws | Date: | Hits: 142

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....e parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the hearing after waiting for some time, with the assistance of the learned counsel for the State. The learned counsel for the ap......es under which it was disposed of are described by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the h......n acid on Arif Mirza, because of his suspicion about his illicit connections with the appellant's wife. The acid, which fell on the face of Arif Mirza, caused extensive damage by burns, including the loss of his left eye, which had to be extracted. 2. The appellant preferred an appeal to the ..

Category: Criminal Law | Date: | Hits: 78

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

..... Vs. The Commission of Income Tax, East Pakistan......................................Respondent Judgement November 24, 1970. The Income Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited c......al income of Rs. 2, 72,955/-. This amount included a sum of Rs. 2,13,349/-, which was deemed to be a profit of the firm under the 2nd proviso to section 10(2) (vii) of the Income Tax Act (hereinafter called the Act). It was found that the original cost of the assets of the firm was Rs. 5,89,316/-, b......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)

....creetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company ...... 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. ...... 1966. Judgement Hamoodur Rahman CJ.— Both these appeals arise out of a suit filed by the respondents herein for the recovery of a sum of Rs. 15000/- as damages suffered by them by the loss of their daughter, a girl of about 6 years in age, who had been killed on the 18th January, 195..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....posal. The said defendant then executed on 11th October, 1944, a security bond and thereby hypothecated all his the then contracts, work orders and bills thereunder for the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect t...... the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect to his properties and also agreed to execute proper documents whenever called upon by the plaintiff bank. In addition to the security bond the defendant also executed on......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

....Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the dispute upon referring the same to the appropriate arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration wi...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......34 of the Arbitration Act. 12. In the case of Halcyon Steamship Co. inc. Vs. Prov. of E. Pak 26 DLR (SC) 7 the plaintiff instituted suit for realisation of Rs. 90,204/- as compensation for loss it sustained owing to damage caused to a part of a consignment of wheat carried by a ship of t..

Category: Business or Commercial Law | Date: | Hits: 94

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....for the maintenance of a mosque which he established in the waqf property. The waqf deed, inter alia, provided that during his lifetime he would remain Mutwalli and if he died without leaving any son, then among his daughters who was competent to manage the Waqf Estate in accordance with the di......ons over the years in the sub-continent that laid down how the court may be guided in appointing a Mutwalli: “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint a Mutwalli , the court will ordinarily appoint a member of the founder&rsqu...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..

Category: Trust/Waqf Law | Date: | Hits: 209

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....ide the scope of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentiou......pe of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentious or disput...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....dgment and order dated 9th December, 1992 passed by a Division Bench of the High Court Division in Civil Revision No. 2783 of 199 l(Dhaka)/Civil Revision No. 86 of 1987 (Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Jud......about the fact stated in the document has become impossible as well as because of the death of the parties to the document. It has already been stated that the evidence of the persons who have been called by the appellant as the persons contemporaneous with the period of the exhibit B are not of......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..

Category: Property Law | Date: | Hits: 47

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....; BRAC and others ……………….………Appellants Vs. Professor Mozaffar Ahmed and others……Respondents Judgment &n......d these people surely are not less fortunate people in our society. So, the petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of these so-called less fortunate people in the society. The High Court Division observed as follows- ....... It was the contention of the respondent No.1 in the writ petition that BRAC in the instant case has gone for an undertaking of purely commercial character of both profit as well as risk factor of loss and that, in fact, has gone for investment in a commercial concern holding almost entire shar..

Category: Constitutional Law | Date: | Hits: 199

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....computed net income in each of these years. This, in our view, turns the table completely against the department. Since the department itself has computed profit in all these years there is no reason why the condition of profit as laid down in section 10(2)(X) should not be deemed to have been...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ase the Tribunal was justified in directing the Deputy Commissioner of Taxes to allow bonus as expenditure under section 10(2)(XVI) of the Income Tax Act, when the appellant-company had disclosed loss for the assessment years 1976-77, 1977-78 and 1978-79 and the same was disallowed by the De..

Category: Fiscal/Taxation Law | Date: | Hits: 66

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....in plaintiff-petitioner seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Single Bench of the High Court Division in Civil Revision No.6467 of 2002 making the rule absolute setting aside the judgment and decree dated 16.10.2002 passed by the learned Joint District......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. ......and that the mistake was inadvertent and was detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee was consti..

Category: Employment/Service Law | Date: | Hits: 78

M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

....ten statement. The case of the defendant-petitioner No.2 was that the defendant-petitioner No.2 never opened any account with the plaintiff-Bank and did not submit any photo to the said Bank and also did not put his signature on any papers and documents. The further case of said defendant was th......the law. 7. In such view of the matter, petitioner's filing writ petition is not maintainable and the High Court 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 di......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. ..

Category: Banking Law | Date: | Hits: 120

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....sir Husain J.-This Civil-petition for leave to appeal is directed against the judgment and order dated 29-4-2001 passed by the High Court Division in Writ-petition No. 729 of 1990 making the Rule absolute. 2. The Writ-petitioner challenged a notice under Memo No.MG/ga/108/89/680 dated 12-1......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......3 and 4 of the Explosive Substance Act the authority concerned considered it necessary for the security of public peace to cancel his licence and that the petitioner will not suffer any irreparable loss if he does not possess any licence of fire arms. 6. The High Court Division upon hearin..

Category: Criminal Law | Date: | Hits: 42

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