Judgment search - Chancery Law Chronicles

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Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

.... suit land measures 5.15 acres, out of which 3.20 acres is respondent homestead. At the present rate, learned counsel contends, the price of the suit land will be above 2 (two) lac taka. On the other hand, Mr. MA Matin, learned counsel for the respondent, has produced kabala of the year 1969 which s......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....male heirs since the custom was alleged by the defendant………….(21) Cases Referred to- Gujadhur Pershad Vs. Two widows of Eman Ali, 2 IA 205: Radha Krishna Das Vs. Raj Krishna Chand, 28 IA 182; Radha Krishna Ayyar Vs. Swaminatha Ayyar. 48 IA 31; Golam Hassan Vs. Sarfaraz Kha......9, 1971. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....nt for inefficiency with effect from the 1st June, 1959. A copy of the said notification was served on the plaintiff under memorandum No. 2742/1-G.A., communicating a further order directing him to ''hand over charge on the forenoon of the 1st June, 1959 positively". 3. The aforesaid notification......ff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Govern......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..

Category: Administrative Law | Date: | Hits: 106

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......employer to terminate the services of a permanent workman by giving him notice or pay in lieu thereof has undergone any change. Clause (b) of sub-section (2) of section 15 of the Act empowered the Government to make rules to set forth Model Standing Orders and in exercise of that power the Central...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)

....siness as from the 30th January 1961. Although on behalf of the Stock Exchange it was stated at the bar that she had thereafter resumed business, no proof of any kind was led in support. On the other hand, it is stated before us that Mrs. Purviz Dalai left Pakistan several years ago so that it is a ......, CJ.—This appeal arises out of a suit brought by a share broker of Karachi, namely, Kurban Ali, against Mrs. Purviz Merwanji Dalai, described as proprietor of a firm of stock brokers, for the recovery of Rs. 45,500, due in relation to certain transaction of sale and delivery of bonus vouchers. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..

Category: Business or Commercial Law | Date: | Hits: 74

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....ashier in that office. On the said date, the cash balance, according to the cash-book, was Rs. 4,278,7-5. On 11-3-58, Hamid Hussain prepared a statement (Ex. 43) according to which the actual cash in hand on that date was Rs. 1,434-11-5. Taking into consideration the entries in the cash-book from 8-......nted Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the Department of Manpower and Employment Exchange (Labour Division), Ministry of Health and Social Welfare, Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....ugust, 1970, with the following observations ; “K. B. Riasat Ali, learned counsel for the complainant, has placed on record a chart showing the cause of delay in the inquiry. On the other hand, learned counsel for the accused has traced out the progress of this case from the record min......hows that twelve out of forty-one witnesses cited in the calendar have been recorded in 790 days. The delay attributed to the prosecution is 389 days, for the absence of the Presiding Officer or over work 191 days attributable to the accused and the prosecution 30 days. Therefore, it will......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

....ion Act and as such it can not be said that the respondent Nos. 3-6 acquiesced to the continuation of the proceeding of the suit before filing of the Bengali version of the plaint and on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitra......ndling and transportation of the goods of the 1st defendant was subsisting and the plaintiff also prayed for an order restraining the defendants from committing breach of the same by way of handing over that work to someone other than the plaintiff and on the same date a notice of motion was take...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....des that Corporation may retire any of its employees after he has completed 25 years of service if it considers that he should be retired from service in the interest of the Corporation. On the other hand, Regulation 11 A (2) provides for retirement from service of an employee after completion of 25......ovision has been adopted from the Public Servants (Retirement) Act, 1974 (Act X11174) mutatis mutandis in that the Corporation has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers neces......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......t Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom should be followed. The judicial decisions over the years in the sub-continent that laid down how the court may be guided in appointing a Mut......by the Masjid Committee. As he was the Imam of the mosque and there being no vote of no confidence against him the Waqf Administrator was quite correct in appointing him as Mutwalli for the better management of the waqf property. Being aggrieved Halima Khatun, the respondent No.1 in this appeal,..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....alled for. The learned Attorney General submits that this will be an unnecessary and futile exercise. 5. Mr. M Amir-ul Islam, learned Counsel entering caveat, on the other hand, submits that what the High Court Division directed in swearing an affidavit by the Investigat...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..

Category: Criminal Law | Date: | Hits: 65

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....uary, 1995 of the learned District Judge, Jhenaidha in Miscellaneous Appeal No. 54 of 1985 allowing an application under Order 1 rule 10 of the Code of Civil Procedure (CPC) and thereby adding one Khandaker Moulana Meshbahul Alam Azad Khandani as appellant in the miscellaneous appeal pending befo......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......ection 151 CPC. 9. It is seen from the judgment of the High Court Division that Badaruddin in his application fled under Order IX rule 13 stated that Madrasah entrusted the management of the property in suit to him but Badaruddin’s heirs, petitioners herein, in thei..

Category: Property Law | Date: | Hits: 63

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....the power of the Election Commission which is an independent constitutional body. 6. Mr Mahmudul Islam, learned Attorney General appearing on behalf of respondents on the other hand, submits that the Election Commission suggested the names of three officers to act as members......sp; Bangabir Kader Siddiqui, Bir Uttam ………….……………. Petitioner Vs. Government Bangladesh represented by the Secretary Ministry of Law & others… ...…R....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..

Category: Election Law | Date: | Hits: 158

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....al appearing for the State, submits that in view of the evidence of PWs 4, 8 and 9 corroborating each other implicating the accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High C......neral has further submitted that, PW 2 Safura Khatun, mother of the victim, though admitted in her cross-examination that PWs 8, 9 and 4 were not present in the house on the date the dead body was recovered but conversely the proved fact that absence of PW 8 on the date of recovery of dead body in a......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..

Category: Criminal Law | Date: | Hits: 59

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....isfied granted licence. So, there is no scope of lifting the veil. 9. Mr. Tawfique Nawaz, learned Advocate appearing on behalf of the writ petitioner- respondent, on the other hand, submits that the learned Advocate appearing on behalf of the appellants argued the case beyon...... with the SRA 1860. Their objection is that the writ petition as filed is not maintainable on the ground of locas standi to the petitioner to file the writ petition and laches as it was filed after over eight months of issuance of the alleged impugned order and after seven months of the date of t......nowledge and experience in the banking sector. A detailed introduction of the petitioner has been given in the judgment. The petitioner has been described as a person involved with the affairs and management of banks in Bangladesh for a long time. With the background he has, he is not constraine..

Category: Constitutional Law | Date: | Hits: 199

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....st be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..

Category: Tenancy Law | Date: | Hits: 70

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... bank constituting misconduct warranting removal from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul Amin Khan, 46 DLR (AD) 85. Agrani Bank vs. Khandaker Badrudduza, 56 DLR (AD) 136. Lawyers Involved: Abdul Wadud Bhuiyan, Sen......it appears that all the necessary legal formalities were complied with by the petitioner Bank in respect of the departmental proceeding initiated against the plaintiff opposite party No. 1. Moreover, in his deposition, the plaintiff opposite party No.1 admitted his negligence. On the face of......ip;……………………………………….. 23. any other behaviour or act which in the opinion of the management constitutes misconduct." 18. On perusal of the 'explanation' to the a..

Category: Employment/Service Law | Date: | Hits: 78

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Counsel for the petitioner submits that since the writ petition is pending the petitioner should not be treated as a loan defaulter. 6. The learned Additional Attorney General on the other hand submits that since no appeal has been preferred against the decree of the Artha Kin Adalat the......vil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Deve......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 119

People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the Courts below. 4. There is anot...... that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to continue in possession and management of the Debuttor Estate; and (7) for a permanent injunction restraining the de..

Category: Property Law | Date: | Hits: 44

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

.... of the Constitution. 2. The Respondents 1 and 2 entered into an agreement for sale of the premises in question on 15.6,70 for a consideration of Tk. 10,000/- and on receipt of 9000/- the owner handed over possession to Respondents 1 and 2 on the same day. The deed of sale was executed on 14......l Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977). Judgment KM Subhan, J.—The Government is the petitioner and challenges the judgment of the High Court Division passed in a petit......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...

Category: Property Law | Date: | Hits: 67

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