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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....her any of the parties in the suit asserting that .85 acre was acquired, nor the courts below coming to a finding of acquisition of .85 acre, the High Court Division committed error of law in holding that the vendor of the plaintiffs had no saleable interest upon a misconception that 'Hukum......Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property descri..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
.... with the amount he received as an advance. The plaintiff replied stating that the report of the Assistant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The committee did not inform him the date an......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... such, "it is unsafe to infer that defendant No.2 had knowledge about the date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....of the customs authority ICD, Kamalapur, Dhaka for assessment of the customs duty of the imported goods of the petitioner on the tariff value. 5. The High Court Division discharged the Rule holding that the petitioner is liable to be fixed up with tariff value on the goods prevalent at th...... value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported 114 sets of General Brand Split type air-..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....t there is an element of 'must' as regard the question of bonafide requirement of the premises in suit by the plaintiffs. The High Court Division also held that the trial Court was quite correct in holding that the defendants are defaulters in the payment of rent. 6. Leave was granted to c......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....defendant No.1. Plaintiff because of the provision of section 4 of the Partition Act cannot be allowed to come on the land forcibly purchased by him that the appellate Court was in serious error in holding "the suit land is not the part of dwelling house of an undivided family". ......ree dated March 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It wa..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....tors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and 85(3) of the Companies Act 1994, which was registered as Matter No. 106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No. 2,hereinafter referred to as the comp......s taking advantage of the above orders of stay dated 24-1-2004, inasmuch as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20-1-2004 are overturned then all the actions of the Board of Directors of the company with more than 13 members ..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....(3) Ataur Rahman Sani and (4) Abdul Awal, the evidence of prosecution witnesses already mentioned above may be referred to. P.W 2 Anisur Rahman, as already noticed, in his evidence clearly proved the holding of a meeting held at the house at Rupatali Laldigirpar Mridha Bari before the occurrence att....... Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover where law of the land provides for sentence of death in respect of certain offence and one who ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ed trial Judge considering the evidence of D.W1 held as follows- Bangla 20. As it appears, the learned trial judge allowed the claim of the respondent No. 1 for Taka 3, 80,000 against staff salary holding as follows: Bangla 21. The leaned trial judge allowed the claim of the respondent No.1 fo......act failed to perform their part under the contract and the respondent No.1, on being assured by the port authority that they after obtaining permission from the Ministry would pay the running bills covering the excess amount for purchasing the materials from outside, procured the materials from mar..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....he case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc. case, inter alia......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....sional statements recorded by a Magistrate on 25.12.81. The said confessions were not proved formally by examining the Magistrate who recorded them. Even so the High Court DiviÂsion was justified in holding that under section 80 of the Evidence Act, the Court was entitled to presume that the docume...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....olling station shall be located in any such premises as belong to, or are under the control of, any candidate." "9. Notification of days of different stages of election. — (1) For the purpose of holding an election, the Upazila Nirbahi Officer or the DepÂuty Commissioner, as the case may be, s......¦â€¦â€¦.Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation ..Category: Election Law | Date: | Hits: 163
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....gÂment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that once an income (such as the salary of the Judge in the instant case) was taken out from......hat Income Tax Act deals with exemption of tax in different secÂtions on various subject matter. In this connecÂtion provision laid down in section 16 of the I.T.Act will put an end to the controversy on the point if salary income which stands exemptÂed from tax is to be included with tot..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....m for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
.....1, the trial Court should have held that Ext.1 is a valid document and the same was duly acted upon, that the trial Court upon taking into consideration transaction made by Ext. A was in error in holding that Ext.1 was not a bonafide deed of transfer and that it was not acted upon, that taking ......r and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance of plai..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
.... accused and being aggrieved the accused respondent filed the above Criminal Appeal No. 1519 of 1994 and the High Court Division by the impugned judgment and order dated 5.5.2003 allowed the appeal holding that in the instant case the trial held under the Ordinance 1983 by the learned Special Tr......defence examined none. Defence case was that Monira hand many boy friends with whom she used to indulge in immoral activities and her parents also patronized her to mix with her paramours and over this enmity arose with the accused who being husband the petitioner, being the husband wa..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
.... question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. 4......ed 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by the Government and as such the government should take immediate appropriate steps in this regard. A..Category: Property Law | Date: | Hits: 33
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....lder in terms of Section 33(5) of the Artha Rin Adalat Ain, 2003 which was not followed in the case of the petitioner. 3. He further submits that the High Court Division erred in law in holding that the Artha Rin Adalat can shift dates for selling the property, inasmuch as the Ar......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....rs dated 21 October 1979 and 22 May 1982 were illegal. Consequently he decreed the suit. 5. Defendant No.6 preferred an appeal and the appellate court set aside the decree of the trial court holding that the plaintiff acquired no title to the disputed land on the basis of his unconcluded ......ted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that paragraph 8 of Government Memo. No.21-77/70/223 R-L dated 2 August 1972 has no application in respect of settlemen..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... not legal in the background of the materials on record and that the appellate Court was not in error in reversing the finding of the trial Court in that respect, that appellate Court was in error in holding that the plaintiffs are not in possession of the land over 60 years since Ext.1 clearly show......erit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
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