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Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....unity. It is therefore difficult to say that the conduct of the respondents was such that the appellant deserves a differential treatment. On going through the said Concise Statement, on the other hand, our view is otherwise. The conduct of the appellant himself appears to depressing. He pa......ard of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior Ad......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....n law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a conclusionâ....../00. Subsequently, it came to light that there had been some mistÂake in the record of right of the land contraÂcted for sale and accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon bet......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....Nos.141 to 145 in which the names of some bargaders of Golam Rahman were recorded. Plaintiffs' case is that by eight barga-kabuliyats those bargaders cultivated the lands for fixed periods and then handed over possession to Golam Rahman, Abdul Gani Mir, predecessor-in-interest of defendants Nos. ......and 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. XI of 1......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. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....d as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to- Fatema Bibi and another Vs. Choto Khuku and others, 53 CWN, 159; Sati Prashad Ganga Vs. Gahindra Chandra Shaha, AIR 1929, Cal. 325; Drupadi Vs Hiralal, ILR All. XXXIV (1912) 196; Sati Prashad Ganga,......or her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she rec......e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....914 Calcutta at page 972 and AIR 1925; Harendra Lal Chowdhury vs. Haridashi Devi 41 IA. 110; Gorukhpur Vs. Ram Swidar Mal 61, I.A. 286; Pahaladi vs. Musammat Laraiti 41 All. 22;Biswanaih vs. Chandra Narayan Chowdhury's case 48 Indian Appeal 127; Hari Ram Vs Sheodiul Ram 16 I.A.12; Nurunness......ges relating solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item." The Privy Council, therefore,......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....pellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Cau......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... on the ground and died almost instantaneously. Prosecution witnesses saw the occurrence and rushed to the place of occurrence when the accused fled away to the north with blood stained dagger in his hand. P.Ws. Md. Yusuf, Shah Alam, Nurul Huda, Abul Bashar ultimately apprehended the accuÂsed near ......rtation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Mo......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)
....tion work, namely, the Feni Regulator, under the Muhuri Irrigation Project requiring the expenditure of nearly. Taka 15 crores, misÂunderstanding cropped up between the manaÂging partner on the one hand and the remaining partners, Jon the other hand who, as it appears, were led, by the younger bro......e appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnerÂship registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organizaÂtions. The partnership is a family concern and the dispute i......is mainly between two brothers, Mujibur Rahman Sikder, the elder brother and Mahbubur Rahman Sikder, the younger brother. Mujibur Rahman SikÂder is the managing partner having over-all charge of the management of the firm and its business and the other partners including Mahbubur Rahman Sikder are ..Category: Constitutional Law | Date: | Hits: 149
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... the authority to deposit additional earnest money respondent No.1 deposited Tk. 5,75j840/- along with all other papers required by the authority for issuing the necessary work orders. On the other hand appellant has not suffered any pecuniary loss so far since she did not-Spend any sum of ...... day at 12-05 P.M. in presence of the contractors in the office of Chamber of S.E. (RHD), Dhaka Road Circle, Dhaka, and Addl. Chief Engineer (RHD), Dhaka. Tenders may also be sent under registered cover so as to reach the officer concerned before the time and date, failing which the same wi......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. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ith the official file of the suit property in question to show their bonafide in the matter. Had it been filed we could at least see the genuineness of the claim of the respondent No. 1. On the other hand, the papers and documents filed by the petitioner as referred to in Annexure discussed above le...... Ed. This Case is also Reported in: I ADC (2004) 371.......and his two brothers including Abdur Rahman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties without making any arrangement for its management and possession, that the so called deed of agreement was executed by Mr. Wali Mohammad th..Category: Property Law | Date: | Hits: 40
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Paki...... Section 13 enjoins upon the assessee no requirement for keeping any portion or system of accountancy for computation of its income, profits or gains. There is no bar on changing over to a new system of accountancy what has not been laid down by the Act, cannot be prescribed by......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
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....p;…(14) Cases Referred To- B. Iswarayya Versus Swarnam Iswarayya 35 Calcutta Weekly Notes page 1185 State of Bihar Vs. Dhukulal Das and others, A.I.R, 1962 Patna page 140; Latchandhora Vs. Chinnavadu, AIR 1963 Andra Pradesh 31; Hamijan Bibi versus Sk. Darog Ali and others, 1......ends of justice. Contention of Mr. Chowdhury is that the application of this rule would mean the re-adjustment of the rights of the parties when the matter had already been settled. This contention over-looks the rule that the appellate Court may pass such order although the respondents might not......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....ariar, the learned Magistrate, 1st Class who recorded the confessional statement under Section 164 of the Code of Criminal Procedure Exts.4 and 5 of the accused persons. 7. On the other hand the defence examined none. 8. The defence case as it transpires from the trend of cros......longing to him. Ultimately Sohel (now deceased) followed him to the house of his father-in-law but he never returned back. Rather on the night following 13.10.2001 a dead body of Sohel was recovered from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injur......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....yers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Appellants. Abdur Rashid, Advocate, Supreme Court, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Respondent. Civil Appeal No. 19 of 1995. ...... standard rent could be charged against him under the Accommodation Rules of the University. His removal from service on the ground of such unauthorised occupation was not warranted by any law. Moreover, the concerned authority did not follow the procedure provided in Article 38(4) of the Dhaka ...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..Category: Employment/Service Law | Date: | Hits: 69
Bangladesh and othÂers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....wo namely, Beki beel and Feni beel are situated within Kionshorgonj District. He got lease of all those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great l......7. (From the Judgment and Order dated 26 May 1997 passed by the High Court Division in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifud...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and anothÂer, 2004, 33 CLC (AD)
....process server of the executing court went to the appelÂlant No. 2 and requested him to deploy police force for the execution of the writ, the appellant No. 2, without supplying police force to him, handed over to him a photocopy of the memo No. Sec. 10/A-P— 1.14/ 84290 dated 21.4.1997 issued by ......Division stating inter alia that she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Executi...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... of communication of such order, appeal to the District Judge against such order of removal provided that no application shall lie against an order under sub-section (1) unless the Mutawalli has made over charge of the waqf to the new Mutawalli appointed under sub-section (4). In these circumÂstanc......najpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of Mutawalli on the ground of breach of trust, misappropriation and his management of the waqf properties. The appellant who is a great grandson of the Waqif was then made ..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
.......Respondent Judgment April 17, 2001. Lawyers Involved: Moudud Ahmed, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record - For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....un......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. Lawyers Involved: Khandker Mahabubuddin Ahmed, Senior Advocate, instructed by Sarifuddin Chaklader, Advocate-on-Recor......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
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