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Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ving concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents......concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents file..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......proposal and working scheme for consideration of the Prize Court. The Ministry of law was denied the locus standi to file application. Reasons are that there is no provision in law for a wholesale transfer of the Prize Fund from the custody of the executive administration of the Govern......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....tution, no distinction is found to have been made between order, judgment and decree. In Halsbury’s Laws of England law of restitution has been enunciated as: Where a wrongful or regular execution has been set aside or where a judgment or order has been reversed after execution thereo......e. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the question of restitution......have occupied but for the wrong decree and went further to hold that the duty of the court to grant restitution arises even outside the provisions of section 144, Their Lordships observed: ''Nor indeed does this duty arise merely under this said section. It is inherent in the general jurisdictio..Category: Civil Law | Date: | Hits: 82
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....rectness, legality or propriety of any finding, sentence or order recorded or passed and as to legality of any proceeding of such Inferior court and may when calling for such record direct that the execution of any sentence may be suspended if the accused is in confinement, that he be released o...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....the question, whether section 270 of Government of India Act was applicable, which required sanction of the Government; before civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of the Crown of India. The Full Bench held that criminal proceeding......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......miralty Act. 4. The High Court Division came to the conclusion that the suit was maintainable and the Admiralty Court could entertain the suit. Then the High Court Division considered that it was sale by description and not by sample and observed: "In such circumstances it must be held that t...... in the following words. "It was certainly not unlikely on the information which the defendants had when making the contract that delay in delivering the boiler would result in loss of business, indeed, it would seem that there was more than even chance and there was nothing new in holding that t..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....criminal Courts and it might lead to conflicting judgments. It appears that the suit is for specific performance of contract and so unless a decree on the contract is given and is completed by execution of the Kabala, no title accrues in favour of the purchaser and hence the question of poss......he Title Suit who are the first party to the criminal proceeding have also claimed for permanent injunction on the assertion that they got possession on the execution of the contract for sale of the land. It is also to be remembered that the prayer for injunction regarding possess......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....at Rs. 3.500/- was to be paid to Maran Chand in cash for exchanging their properties. After Maran Chand acquired the plaintiff's Dum Dum Road property, the proposed exchange was completed with the execution of three kabalas Exhibits A, A(1) and A(2). All the three kabalas were executed in f......nt in the Dum Dum Road property left by Kanchan Munshi comprising premises No. 25, 23 and 23B by kabalas Exhibits 1 (a) to 1(g), and in support of his claim he produced certified copies of the sale deeds. By the kabala Exhibit 1 (a) the plaintiff claims to have purchased the shares of t......d in schedule ‘B to the plaint; and for a farther declaration that the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be foun..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments including water tran......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......on of a lease at Tejgaon Industrial Area by the Government, it has been held that the cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of ..Category: Property Law | Date: | Hits: 53
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....as void ab initio and thus there was no question of making a false document. 9. Then again admitting that the disputed property is an abandoned property and it vested in the Government, the execution of the impugned sale deeds by the former owner of the property or by any other person in ......intenance) PWD, but the Ministry of Public Works could not deliver possession of the disputed property to the said Syed Altaf Hossain as the appellant field possession thereof on the basis of three sale deeds dated 10.8.85, 14, 8.85 and 17.8.85 which were executed by the aforesaid Abdul Khaleque......co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......t is quite inadequate in the facts and circumstances of the case. 2. Plaintiff instituted Title Suit No. 136 of 1970 in the Court of Munsif, Moulvibazar for specific performance of a contract for sale of a land. Under the said contract dated 5th Baishak, 1376 BS (April 1969) defendant Benode Bih...... of which he received in advance, Tk. 4,600.00 and promised to execute a necessary kabala on receipt of the balance and completing other formalities. He, however, failed to execute the necessary sale deed and ultimately denied the contract whereupon the appellant filed the suit on 14th April 1970 se..Category: Property Law | Date: | Hits: 64
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....e contract to P. Ws. 1 to 7 who in turn, made them over to Sohrab Mistry who was in-charge of sinking the tube-wells, The question of criminal liability, therefore, dose not arise merely from the non-execution of work in terms of the contract. 6. Now as regard the observation that money was paid......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....y statement of the respondent, who merely put in a series of demand notices and postal acknowledgements, as well as his "final bills". He did not even say that these bills were correct. Stay of execution of the decree is asked for. We note that there is no denial that work was done by the re......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. ...... as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infirmity inasmuch as in the absence of the contract deed, the measurement books and the accounts in support, of the plaintiff's claim, there was no basi..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......ker of Karachi, namely, Kurban Ali, against Mrs. Purviz Merwanji Dalai, described as proprietor of a firm of stock brokers, for the recovery of Rs. 45,500, due in relation to certain transaction of sale and delivery of bonus vouchers. At the same time as the suit was filed, an application was made...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....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. ......ship firm consisting of two partners namely, Mr. A. K. Khan and his wife Begum Shamsun Nahar Khan, each having eight annas share. The partners of the firm carried on the business of manufacture and sale of plywood, tea, chests, etc., Under the name and style of M/s. A. K. Khan Plywood Company. In ......ther any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....as fit appeal to the Supreme Court and from this has arisen Civil Appeal No. 38-D of 1965. 15. During the pendency of the appeal in the High Court the plaintiffs in the suit put their decree into execution. It was stayed pending the disposal of the appeal but was re-started on the 20th February,...... 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. ......ecessary, because, the Civil Procedure Code does not require the parties to plead the law. The suit was throughout treated by the defendants themselves as a suit under the Fatal Accidents Act and indeed it was on that basis that the defendant No. 1 took the objection as to the form of suit on the ..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... stay of the order of the Tribunal, but the Commissioner expressed his inability to grant the relief in the view that under section 18 of the Ordinance he was not possessed of the power to stay the execution of an order brought in appeal before him. 3. Ali Sher Sarki, respondent, a friend o...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....62,265/7/6 became due to the plaintiff on the basis of the equitable mortgage created by defendant No. 1 by deposit of the title deeds. 3. The case of the plaintiff further is that since after the execution of the mortgage in plaintiff's favour the defendant No. 1 with a view to cheat the plainti.............. ...Respondent Judgment November 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free ...... J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a co..Category: Banking Law | Date: | Hits: 230
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