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....his offer was not accepted by the authorities which reserved right to reject any tender without assigning any reason.
6. The trial court by order dated 13 January 1987 granted temporary injunction holding, among other things, that monetary compensation would not be adequate in case the plaintiff ......n would prefer cash offer if it is the highest. Respondent No.1 enquired whether the appellant is interested in making cash offer also, and if so, he might submit fresh offer on cash basis in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in ca..
Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....s of P.O. 142 of 1972 Government of Bangladesh was added as defendant No. 4 and it adopted written statement filed by the Assistant Custodian of Enemy Property. 6. The trial court decreed the suit holding that the Bainapatra was a genuine document and the appellants were in possession of the part......h as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property and nothing was left for making the settlement that such proper..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....adesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding ......ction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 ..Category: Election Law | Date: | Hits: 132
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....move his structure from plot No. 404. 4. Appellant Nos. 1 and 2 denied the material allegations in the plaint contending, inter alia, that the pre-emptor was not a co-sharer in the disputed holding as it had been separated before the filing of the pre-emption case. It was claimed that app......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....d assertion that defendant Nos. 1,3 and 6 were in India and the plaintiff's own admission that defendants Nos. 1 and 6 left for India and they were not in this country the trial Court erred in holding that defendant Nos. 1, 3 and 6 virtually admitted the plaintiff s claim by not appearing an...... legal difficulty in executing the kabala, the vendors being the members of the Minority Community, it was decided that they would execute the necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....effective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctly construed the statute holding that section 35A, which provides for higher amount of Court-fee than the maximum limit fixed......y the substitution of the schedule. 2. Respondent No.1 filed a Money Suit (M.S. No. 186 of 1978) in the 3rd Court of Subordinate Judge, Dhaka, against the appellant and others claiming a little over Tk. 35,00,000/- as damage due to short delivery of commodities and got a decree against the app..Category: Procedural Law | Date: | Hits: 124
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....todian on and from 6th September 1965 and as such the same was exempted from attachment and the sale in execution of the Civil Court decree. The Execution Court allowed the miscellaneous case holding that the mortgage property had vested in the Custodian and as such the property could not b......eys to an enemy firm, and to provide for the administration and disposal by way of transfer or otherwise of enemy property and matters connected therewith or incidental thereto, the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or more Additional Cust..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
.... complaint. He did not say that the accused were trying to finish them also after his brother Khijir was allegedly killed. In view of the contradiction the High Court Division was justified in holding that the delay in lodging the complaint was not properly explained. 29. It does not ...... forwarded by the Magistrate to the police for treating it as First Information Report. Accordingly, the police took up the case and investigated the matter in the course of which they recovered, after five months, three human skeletons from the mud-well and challenged the respondents ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ave to appeal in the following terms: "Mr. Asrarul Hossain, learned Counsel for the defendant-petitioner, contended that the learned Single Judge of the High Court Division was wrong in holding that Regulation 18 (a) of the Bangladesh Biman Corporation Employees (Service) Regulations......ces of Biman employees All previous rules and regulations were superceded by these Service Regulations. 4. For determining the seniority of employees respondents claimed that their seniority is governed under Regulation 18 (a) of the aforesaid Regulations which governed the seniority of new e..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....e from the conclusion that accused Lalu was the assailant, who caused the murder of deceased Ashraf Ali and accused Kabir committed the offence causing disappearance of the evidence and for withholding the information from law enforcing agency for which both of them were convicted by the trial......f the deceased. They raised alarm and soon other villagers came on the scene. They then proceeded further following the trails of the blood and found marks of blood near the bank of a tank which was covered by water-hyacinth. They suspected that Ashraf had been murdered. The informant at once ran to..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....Writ Petition No. 288 of 1985 decided by a Bench of the High Court Division, Dhaka (Amin-ur-Rahman Khan and Md. Abdur Rouf JJ) on 28th August 1986. 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the re......al Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, S..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... first time in May 1985, that is, after a lapse of three years from the commencement of the lease, it was for the government to get dispute settled drawing the lessee's attention to the mailer before holding that the rent was not paid in time. 51. As to execution of development work, the Lease De...... 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ision, Dhaka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the defendants-appel...... and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dh......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....) of the Income Tax Act the following question was considered by the High Court Division: "Whether in the facts and circumstances of the case, the Tribunal was legally justified in holding that the receipts of Tk. 1, 50,000/-as compensation was revenue receipt and not capital re......d a plain leading of it shows that it was clear remuneration of the assessee for the year in question. Fit is a remuneration of the assessee then it is a revenue receipt. The learned Judges however overlooked that the income of the assessee went up to a much higher figure in the following year. H..Category: Fiscal/Taxation Law | Date: | Hits: 84
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... of Subordinate Judge Mymensingh, against the defendant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishi......appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's case w..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....risdiction, fraudulent, malafide, concocted, made not in good faith brought about undue influence and fraud be passed.” The learned Counsel submitted that the Subordinate Judge was right in holding that "the Civil Court has jurisdiction to enquire if the requisition in question is for publ......orary injunction restraining defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-stori..Category: Property Law | Date: | Hits: 48
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....oned. The Company had its first Annual General Meeting which was; it was claimed, held within the statutory period. The Company Judge had no jurisdiction to call the meeting or give any direction for holding the meeting once again. It is also beyond the jurisdiction of the Company Judge to direct th......the meeting once again. It is also beyond the jurisdiction of the Company Judge to direct that the, Company's account which was already audited and approved in it's Annual General Meeting be examined over again by another auditor. The learned Counsel mentioned that since the Company in a Board meeti..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
.... the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Appeal No. 17 (C) of 1982, the learned Judges of the High Court Division dismissed the suit upon holding that as respondent Nos. 1 (c), 1(d) and 1(e) were not parties to the agreement of sale-the......because all of them were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed during trial…..Category: Criminal Law | Date: | Hits: 88
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....(pre-emptors) claimed to be co-shirring in the land by purchase. This claim was resisted by the transferees including the appellant, mainly on the ground that the Pre-emptor was not co-sharers in the holding. The appellant one of the transferees 'however’ made an alternative prayer to the effect t...... of stay from the Appellate Division within this period. But when no such stay was granted by the Appellate Division the provisional order of the trial Court did not amount to an order of stay. Moreover, the Leave Petition itself was filed much beyond the period of two mouths from the High Court D..Category: Property Law | Date: | Hits: 51
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