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ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......e application for registration of the appeal. A Division Bench of the High Court Division by an order dated 18.7.96 rejected the said application of the appellant as well as the Memo of appeal holding, inter alia, that half of the decretal amount having not been deposited within time by the ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70....... fide. The High Court Division by the impugned judgment and order summarily dismissed the Writ Petition. 8. The leave was granted to consider as to whether the High Court Division was wrong in not holding that seizure/impounding of the passport was violative of Articles 31 and 36 of the Constitut..Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....9, which provides that nothing in this section shall apply to a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail......eba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a par..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... such there was no occasion for her to compromise the Title Suit No. 616 of 1969 filed by the defendant No. 1. 12. The High Court Division set aside the judgment of the Court of appeal below holding plaintiffs suit was bad for defect of parties i.e. for non impleading the persons whose nam..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....te-on-record for the appellant and Kazi Shahadat Hossain, the learned Counsel for the respondent and perused the judgment of the High court Division and other connected papers. 8. It is not disputed that the plaintiff appellant married the defendant respondent on 14.12.1988 and out o......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....nd of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger………&helli......ereto he cannot challenge the decree. We find it very difficult to get to the logic of this argument set forth by these courts particularly, the learned Single Judge of the High Court Division, in holding that the appellant's suit far setting aside the decree passed in the partition suit is not ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ection 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....n erred in law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a co......een permitted to use the pathway which runs over northern portion of the suit land which is partly paddy land and partly garden. 9. The learned Munsif on consideration of evidence decreed the suit holding, inter alia, that the defendants contracted to sell the suit land in 1963 and it was a genui..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....Act was not complied with. The learned fudge of the High Court Division did not reverse the finding of the Courts below that the appellants were in possession of the case land, when the disputed record was prepared. 10. The High Court Division reversed the decision of the Cour......ffairs of the deity as defacto Shebait and the case land was correctly recorded in the name of the Deity represented by the defacto Shebaits. The learned Munsif allowed the application holding that the appellants have been possessing the land by way of adverse hostile possession for ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......perior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a person holding occupancy right in a land does not lose it by becoming a joint proprietor in the land. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....appellant. Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour ......preferred Before the Registrar but the same was dismissed. Hence the plaintiffs brought the suit under section 77 of the Registration Act. The learned Munsif dismissed the suit holding that the plaintiff had failed to prove the execution of the document Ext.1 and the passing ..Category: Property Law | Date: | Hits: 25
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... bond, along with the filing of the application, was not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time of presentation of the application for set..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......e land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landlords' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord e..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Judgment Badrul Haider Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned..Category: Property Law | Date: | Hits: 55
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ...... evidence on record reversed the finding of the Trial court and as such it can not be said to be a proper judgment of reversal. The appellate court's reversal of the finding of the trial Judge and holding that entries at the pasted page 163 were conclusive in disregard of the other evidence..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......spondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but th..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....contract was pending and that he (respondent No.1 herein) filed Case No. 397 of 1989 before the Court of Settlement and that the respondent No.4 (attorney) also filed Case No.160 of 1987 claiming the disputed property as his own and the court of Settlement by the judgment and order of May 6, 1987 di...... judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property publi..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ntions of the respondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......17/- under section 18A of the Act which was also without lawful authority. 7. Appellant preferred an appeal before the Appellate Assistant Commissioner of Taxes who rejected the appeal upon holding inter alia, that ''no officer of the Corporation has any authority to convert profit from ..Category: Fiscal/Taxation Law | Date: | Hits: 102
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