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Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....he High Court Division may, if satisfied that no other equally efficacious remedy is provided by law (b) on the application of any person, make an order (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold t......the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of section 7 (2) (g) of the Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such h..Category: Election Law | Date: | Hits: 130
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....89. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a s......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....nstitution have been violated. It is further contended that the learned judges of the High Court Division committed an error interpreting the provision of Article 135 of the Constitution and erred in holding that reduction in rank covers the case of the respondent. The relevant portion of Article 13......1 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....for the purpose of carrying the cargo from the outer anchorage to the inner port. On hearing the parties, the learned Subordinate Judge vacated the conditional order of attachment before judgment holding that as there was no statement in the application of the Respondent nor was there any materi...... an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recovery of Tk. 1,91,47,500/00 paisa from the defendant-appellants for damage to 5109 metric tons of wh..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... was subsequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P.......of, and since then the appellant has been in peaceful possession by making certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....rues of the date of the registration of the kabala where registration is compulsory. As a pro-position of law, no exception can be taken to this view, but where the learned fell into an error is in holding that the pre-maturity of the cause of action, if, matured during the pendency of the proce...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....mited grounds, first, is whether section 75A and 81A of the State Acquisition and Tenancy Act in the facts and circumstances of the case is attracted, and whether the High Court Division erred in not holding that the contract was an executory contract. 9. We have heard the learned Counsel on arg...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....of one Majid Matbar. 4. P.W.1 lodged the First Information Report with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding in......est. He further submitted that the omission as regards the name and the person who caused this injury does not disprove the injury on the neck caused by the chendao blow of the respondent No.1. Moreover, there is evidence that after the chendao blow was inflicted on the neck of the deceased, Akkel..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....ub-sections of section 96, that is, sub-section (1), (2) and (5) are quoted below:- “96(1). If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice ...... land transferred, particularly, in view of the constitution of holding in this part of the country which generally does not form a compact block but consists of different parcels of land scattered over a field or fields in one or more villages. The Legislature could not have intended that contigu..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... Code was not available in respect of the offence, and, that being so the investigation concerned was without jurisdiction. On this view, the High Court quashed the police investigation of the case holding it to be without Jurisdiction. In taking the view on the fact of the case the learned Judges...... Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....his appeal arises from that order. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney-General appearing for the appellants submits that the learned Judges of the High Court were wrong in not holding, in the facts and circumstances of the case that there was an implied condition attached to ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ea of all the police stations under Serajganj Sub-division except Shahazadpur where due to militant activities of one Fakrul Islam you failed to stand there and carry on party (J.S.D.) activities and holding party meetings. So, you along with some J.S.D. workers of the area reportedly killed said Fa......llate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....the minor children admitted to the benefit of partnership under the Partnership Act after death of their father from the personal assessment of their mother who also became a partner of the same firm holding the view that the amendment brought in section 16(3) of the Income Tax Act in 1965 has no re...... 9. We have no doubt that the minor's admission to the benefits of the existing partnership was not as a result of any conscious act of the parties but by operation of the Muslim Law of Inheritance governing them. In other words, the word 'admission’ does not contemplate admission of minor childr..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....delay. In support of his contention Mr. Bhuiyan submitted that in the absence of any provision under the Town Improvement Act relating to limitation for filing the appeal, the High Court was wrong in holding that the appeal was time barred, by applying the provisions of the East Bengal (Emergency) R......tion of delay that in any view of the matter, the delay in presenting the memorandum of appeal was sufficiently explained, but the learned Judges on an erroneous view that the petitioner being the Government was asking for an extended period of limitation. It was conceded by the appellant before..Category: Procedural Law | Date: | Hits: 101
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
.... Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the pre-emptor is co-sharer in the case holding by purchase and the opposite party No.2 transferred the case land in favour of opposite par......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....Division Bench of the High Court Division in Writ Petition No. 5732 of 2004 summarily rejecting the petition challenging the impugned notification dated 7.10.2004 passed by the respondent No. 2 for holding by-election with the previous candidates except the petitioner. 2. On the basis of ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... same was also rejected as it is evident from letter dated 21.12.1991; the Administrative Appellate Tribunal illegally held that the learned Member of the Administrative Tribunal was right in holding that it had no jurisdiction to scrutinize the order of dismissal of the petitioner as he wa...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
.... No.9, cannot be treated as co-sharer of the suit property; the plaintiffs who relinquished all their right and interest are not entitled to any share by way of partition and the defendant No.1 is holding the entire suit property. However the defendant No.1, though contested the suit, did not pr......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....d was committed in obtaining the decree for setting aside, the ex parte decree, whereof the suit was filed. 12. Leave was granted to consider the contention that the High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of......d without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....g a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allowed the case of the appellant by its judgment and order dated 20-11-1997 holding that the appellant (applicant) filed the case within the prescribed period of 6 (six) month......of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired by the Government, instituted Administrative Tribunal Case No. 168 of 1994 before the Administrative Tribu..Category: Administrative Law | Date: | Hits: 103
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