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Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....corruption Bureau, KishoreÂganj, lodged FIR with Tarail Police Station after conducting preliminary enquiry into the matÂter and the Anti-Corruption officer entrusted him with the responsibility of holding invesÂtigation subsequently. He completed the investigation work and thereafter, on obtainÂ......987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the year 1394 BS against several OCR's, but depoÂsited only Taka 6,148.13 to the Government treasury by different challans. Accordingly, he was found to have misappropriated the rema..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found.........A Revenue Officer holding an inquiry in a mutation proceeding, in the premises does not become a Court as he does not ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
.... In the event of the Tender being subÂmitted by a firm, it must be signed separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a person holding a Power of Attorney authorising him to do so. 2. Receipts for payments made to a firm mus......¦â€¦â€¦â€¦.....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance N..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment makes the borrower defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR ......€¦â€¦â€¦â€¦Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment ..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appliÂcation holding that there was a sale of the assets of the assessee appellant. Leave was granted to consider......4 under section 66 of the Income Tax Act. 2. The appellant, namely, Comilla Electric Supply Ltd. has been carrying on the business of generating and supply of electricity under a licence from the Government in the town of Comilla. The appellant carried on business upto 31-8-63. ThereafÂter the t..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....lication under secÂtion 96(1) of the East Bengal State Acquisition and Tenancy Act for pre-emption of the case land against the respondent the pre-emptee impleading thereto all the co-sharers of the holding and contiguous tenants. This petition had been marked as Miscellaneous Case No. 112 of 1981 ......on 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmuch as the pre-emp..Category: Procedural Law | Date: | Hits: 84
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....'s son and other hired goondas. On 12.3.88 the respondent filed an application before the Election Commission stating all about the obstruction caused to the filing of nomination paper and prayed for holding election of the said Union PariÂshad after setting aside the election thereof. 4. The El.........……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 I..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....fendants following leave is from Judgment and Order dated 10 November, 1988 passed by a Division Bench of the High Court Division, Dhaka dischargÂing the Rule in Civil Revision No.324 of 1988 and upholding the judgment and decree of the lower apÂpellate Court. 2. The matter arises out of an ac...... Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ave been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular Road, Dhaka pertaining to C.S. Plot No. 33, R.S. Plot Nos. 2411, ......mplete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the fa..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....he appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....n this view of the matter the petition was summarily rejected. 9. Dr. Kamal Hossain, the learned Counsel apÂpearing for the plaintiffs-petitioners, canvassed that the High Court Division erred in holding in deciding the issue only from the financial angle namely, exÂpenses incurred by the defen.....................Respondents Judgment March 29, 1989. Result: The petition for special leave is disÂmissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 When Government is keeping a watchful eye on the activities not only of the Managing Committee of the scho..Category: Civil Law | Date: | Hits: 130
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
.... April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning ..................Appellant Vs. The Election CommisÂsion & others...................................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 19..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
..................Respondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was i......gh Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into consideration exhibit. A order of the government of Pakistan directing the Commissioner of Income Tax to retire the respondent consequent o..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....arred by limiÂtation. 6. Leave was granted to consider whether the issue as to limitation was correctly decided by the High Court Division and further whether the High Court Division was wrong in holding that the vestÂing of the suit land in the Custodian of the Enemy Property did not authorise...... submitted that the said view is entirely misconceived. Mr. Pal, however, conceded that the learned Judge of the High Court Division was right in holding that Article 113 of the Limitation Act shall govern the present case and not Article 181 thereof as was (allegedly) held by the Courts below. Acco..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....iginal Order No. 18 of 1986 with Civil Rule No. 55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and w......consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and whether the Banker has got lien over such security. 2. There is a claim and counter-claim between the petitioner and the Agrani B..Category: Banking Law | Date: | Hits: 99
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....ent and decree dated 23.6.79. On appeal by the defendant-appellants, the High Court Division, DhaÂka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" schedule property on......fied the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" schedule property on parÂtition by metes and bounds". 4. Now there is no controversy as to the issues and points raised and decided in the suit and the apÂpeal. The plaintiffs s..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... of the trial Court as to defendant No. 1's share. He observed: "The present suit land is no doubt homestead land but is not a dwelling house of an undivided family". He allowed the appeal in part by holding that defendant No. 1 was not a stranger and he was already in possession of a specifÂic por......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landlord on the same terms and conditions as if interest of the original ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....uch determination it could not be said that the plaintiff was a trespasser upon the suit land merely because there was an order of cancellation by the authority, that the High Court Division erred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction ......ivil Revision Case No. 325 of 1984.) Judgment A.T.M. Afzal J.-In this appeal by leave by the plaintiff-appellant the point for consideration is whether the High Court Division was justified in overturning an order of temporary injunction granted by the First Appellate Court. 2. Material fa..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....TM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and orÂder dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in reÂvision upholding an order of remand of the First ApÂpellate Court. 2. Facts of the case, briefly, are tha......pellate Court. 2. Facts of the case, briefly, are that the plainÂtiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally..Category: Property Law | Date: | Hits: 85
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