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Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......as to vacate had been given more than six months earlier, it was, according to the learned Counsel, defective and the appellant was not bound to vacate the premises. 8. In answering the incidental question which cropped up during the course of arguments as to whether the appellant can at all ra......e allowed to depart from it on the ground that his opponent admitted the position which was opposite to his stand, Justice and expediency cannot go together. 9. In paragraphs 2 and 3 of the plaint facts as to the creation of the tenancy have been stated. In addition, facts as to the service of no..Category: Property Law | Date: | Hits: 103
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......required under rule 3 of the Declaration Alteration of Municipal Rules 1978 inviting objection and suggestion from local inhabitants in respect of area of Khanepur Mouza for inclusion of the area in question (Khenapur Mouza) into newly declared Palash Pourashava as an urban area for inclusion there......ial compliance of the provision of rule 3 of the Rules 1973.
6. The High Court Division considered the provision of law and arrived at a finding that:
"In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the lear..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......ntiffs as his landlords, that there was no relationship of landlord and tenant between the parties that the suit was bad for defect of parties, and that the suit was not maintainable as a complicated question of title was involved in the suit and thus decided almost all the vital issues against the ......upport of this contention Mr. MA Wahab Miah learned Counsel for the petitioners cited the case of Hajee Abdus Sattar Vs. Mahiuddin and ors. reported in 1986 BLD (AD) 224. 18. Having considered the facts circumstances, the evidence on record and the exhibits referred to above, I am of the opinion ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323....... in auction on 3.1.63. Thereafter, the Respondent 1 one of the judgment-debtors filed an application for setting aside the auction sale held on 3 1.63. The application for setting aside the sale in question was resisted by the appellant decree-holder. The learned Munsif allowed the application and......gment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser instituted Rent suit No.496 of 1960 agai..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......ject of the prayer for amendment of the decree is to delay the proceeding. 6. The proceedings in a partition suit subsists till passing of the final decree. By the preliminary decree only disputed question of title, if any and extent of share of the parties along with the question of possession......reliminary decree once passed cannot be amended, he rejected the prayer for amendment. The learned Judges of the High Court Division rejected the prayer on a ground which is not at all tenable in the facts and circumstances, that is, that the whole object of the prayer for amendment of the decree is..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......ed by the trial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the learned Single Judge has without reversing the finding of the first appellate Court on the question of possession granted, temporary injunction and directed early disposal of the suit and t...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......nts-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who died leaving two sons Sonaullah and Kukil Sheikh......strict Judge, Tangail in Other Class Appeal No. 30 of 1974, affirming the judgment and decree dated 30th August, 1974 passed by the Second Court of Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-responden..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......pany acted correctly in refusing to recognise the transfer and to rectify the Share Register. 4. The learned Company Judge decided on all the points in favour of respondent No.1 excepting on the question that the transfer was not permissible under Article 35 of the Articles of Association of th......d by the Division Bench. 11. So far as the third contention is concerned, on perusal of the instrument of transfer itself it appears that the contention is not based on correct representation of facts. Admittedly, the instrument was duly stamped. But the stamps were not cancelled before filing ..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......eneral on behalf of the respondent No.1 by filing affidavit in oppositions opposes the Rule. The learned Additional Attorney General assailed the Rule firstly on the ground that the claim of VAT in question is over a period from 2001-2006 and the predecessor of the petitioner company did not take ......that Nuvista Pharma Ltd. will be liable to meet any claim from the VAT authority, that may have arisen in future in the name of Organon (Bangladesh) Limited. 20. If we glean and consider all these facts it becomes clear that the bank guarantee and undertaking (Annexure-F-1, F-2) have been consc..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......by any evidence either oral or documentary. Furthermore, he submits the High Court Division cannot sit as a Court of Appeal in the instant case as the impugned judgment of the Labour Court based upon question of fact. In the instant case the question of law is co-related with the questions of fact......s per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and considering the facts and circumstance vide the impugned order allowed the Complaint Case and directed the petitione..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......ing it, but the learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are entitled to call in question the legality of registration of the sale deed Exhibit A. The 1st Appellate Court wrongly he...... an attempt to defend this action on the ground that plaintiffs being a party to the deed were debarred from challenging it, but the learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are ent..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......within two months next before making the preliminary order under section 145(1) of the Code irrespective of its right to possess. Court is concerned only with possession of land or water and not with question of title thereof. 15. in the case in hand, points for determination are, whether the fir......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119......., made separately by the appellant the Commissioner of Income Tax, under section 66(2) of the Income Tax Act in the income tax assessment cases of the assessee respondents on the ground that no questions of law arose out of the orders of the Income Tax Appellate Tribunal in the said four asses......n under section 66(2) of the Income Tax Act by the appellant in each of the said cases for answering the following two questions which were stated by him to be questions of law: 1. "Whether on the facts and in the circumstances of the case the Tribunal is justified in holding that the assesse..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... provided under section 36 of the Act. He further argued that the trial involves both substantive and procedural law and that the procedural law must be deemed to have retrospective effect. 5. The question involved in this appeal is clearly a question of jurisdiction as to whether the police coul......ed on or prior to 5-2-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Police Station Kotwali,..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... 5. Both the pre-emptee as opposite party No.1 and the vendor as opposite party No.2 contested the pre-emption case by filing separate written objection. Their material case was that the transfer in question was actually an exchange and both the parties to that exchange deed got possession of their...... Petition for leave to appeal has been directed against the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:- ..Category: Property Law | Date: | Hits: 93
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal these have been ......e judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal t..
Category: Employment/Service Law | Date: | Hits: 133
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......not exercise power to determine the share of any co-sharers, this power is only of the court. The court, on hearing the parties, examining their respective title deeds and on consideration of all facts and circumstances can determine the shares of different co-sharers and the advocate commission..Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......itioners has argued that this observation of the High Court Division is palpably wrong inasmuch as these petitioners claimed title in the suit land by virtue of adverse possession and as such the question of payment of rent did not arise at all; that the appellate court below correctly held that......ment and order dated 19.07.2009 passed by a Single Bench of the High Court Division disposing of three Civil Revision Nos.1499 of 2004, 2316 of 2007 and 2047 of 2007 analogously. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are as follow..Category: Property Law | Date: | Hits: 68
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368.......t the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ petitioner, respondent herein, joined Bangladesh Suga..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......its publication i.e. 30.04.2005, having no retrospective effect and was made applicable on 29.09.2009 to the present respondent and thus the impugned judgment is based on erroneous view both on question of law and on fact and that it would be illegal on the part of Bangladesh Bank if the writ ......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
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