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Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......TM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and order dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in revision upholding an order of remand of the First Appellate Court. 2. Facts of the case, briefly, are tha..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......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..Category: Election Law | Date: | Hits: 130
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......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..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... 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...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... 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. ......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..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... 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. ......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..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......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..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......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 ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... 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..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....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. ......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......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..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......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..Category: Procedural Law | Date: | Hits: 101
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....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. ......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 ..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... 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..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......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..Category: Property Law | Date: | Hits: 38
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