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Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....delivery of judgment should have been stayed for a limited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that the High Court Division was not right in holding that the pronouncement of Judgment was not a part of the trial, that section 344 Cr.P.C. was......Dhanmondi Residential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as afor..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....disallowed by both the Deputy Commissioner of Taxes and the Appellate Joint Commissioner of Taxes. 7. On a second appeal the Taxes Appellate Tribunal allowed the assessee's claim after holding that the liabilities for the expenses accrued at a time when the business of the company w......s a precondition to commence or for carrying on of a business, it may comprehend many other acts incidental to the carrying on of a business." 14. It appears that just to take a cover under these observations the assessee built up a case, for the first time before the Tribunal ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....ked exhibits in the case. 3. This order of the trial Court was challenged before the High Court Division and the learned Judges of the High Court Division summarily rejected the application holding, inter alia, that the provision as contained in rule 18 of Order VII of the Code is direct......Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sanctioned overdraft facilities granted to the..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....tionality of the provision so to the establishment of the Gun Court sitting in the three divisions‑ the Resident Magistrate's Division, the Full Court Division and the Circuit Court Division‑ the holding of the trial in camera, and the manner of sentencing under that Act. 15. It was unanimou......te Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmu..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....t is not easy to answer such a question except at a high level of generality". (Underlined supplied). 24. In Article 135 of our Constitution a person holding any Civil post in the service of the Republic is entitled to a second show cause notice in ......ration, Petro‑Bangla, in exercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shar..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... where Chief Justice Sir Richard Garth observed that there is no doubt whatever that by the English Law, an encroachment made by a tenant upon land adjoining to, or even in the neighborhood of, his holding, is presumed, in the absence of strong evidence to the contrary, to be made for the benefit......courts below, however, disbelieved the plaintiff’s case of alleged possession and dispossession but at the same time found his title to the suit land. In such a case, the plaintiff can get recovery of possession only if the title was not lost by adverse possession of the defendants for over..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....cution Case No. 533 of 1933 in the benami of Krishna Lal Kundu, father of plaintiff No. 2 The plaintiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ......st. Ed. ..Category: Others | Date: | Hits: 178
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....versed by the learned Judge of the High Court Division. 12. In the High Court Division it was argued on behalf of the plaintiff‑respondent that the learned Additional District Judge was wrong in holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale w......s below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit land by evicting the, defendants therefrom. The appellant was ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....laim to the cement in question. The respondent alleged that the ownership of the cement passed with the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without juri....... This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....evision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this d......mption in both the cases. The learned Subordinate Judge, however, found, upon taking additional evidence, that the purchasers had brought about improvement in the land at a cost of Tk.1.5 lacs which, over years, came to Tk.2 lacs; he, therefore, allowed pre‑emption subject to payment of the cost o..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....e learned Magistrate "categorically found that the 2nd party was in actual possession as bargadar", which is not correct. The High Court Division, it was further submitted, went wrong in holding that the learned Magistrate had decided the question in respect of the claim of the parties......7. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between them. 3. The learned Upazila Magistrate upon perusal of the Police..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....uit. On a revisional application filed by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....versed the judgment of the lower appellate court and dismissed the suit. 5. Leave was granted firstly, to consider whether the learned Single Judge of the High Court Division was correct in holding that the gift was incomplete as the same was made in favour of a minor by not giving delive......llowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court." 5. After holding that the appeal in the instant case was dismissed not on merit but on the ground of limitat......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....A lessee may continue in possession of a lease property on its lawful termination if the landlord either expressly or impliedly recognises him as lessee taking rent from him; he is called a tenant by holding over under section 116 of the TP Act. He is not a tenant by sufferance, Death of the origina......lier stand that the right of a monthly tenant is heritable and that the earlier decision of this Court was not based on correct interpretation of Sections 105 and 106 of the Transfer of Property Act governing "lease of immovable property". Both the learned Counsels have contended that the earlier de..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... it first bifurcates a mixed wakf-al-aulad into public and private wakf, and then converts the private portion into secular property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of th...... property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of the wakf according to section 20(2) of the Act. This order is challenged by the Government. The question set out above is whether the High Court put a correct interpretation on the..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....recting re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are th......nt of the Appellant-Society who was later on found negligent in the discharge of his duties and responsibilities and as such an order was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th ..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ry to prosecute the respondent who, in the discharge of his official duty, acted beyond the scope thereof. It was, therefore, urged that the learned Judges of the High Court seriously erred in not holding that the courts below dismissed the petition of complaint on the basis of speculation of th...... P. C. He was of the opinion that since Bahauddin Ahmed was a public servant on duty and that the action he took was in discharge of his public duties, it was necessary to obtain sanction from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from ..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....on and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed on the 10th December, 1966 for electing a Vice-......iled a suit against (1)The Chairman, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for perma..Category: Civil Law | Date: | Hits: 142
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....uit appears from the statements in the plaint to be barred under the provision of Section 93C of the Act. We are, therefore, of the opinion that the learned Judge of the High Court was not wrong in holding that the suit was not barred under the said provision. 14. Leave was granted also t......d acquisition proceedings, the averments in the plaint make it sufficient clear that what the plaintiffs were seeking was the undoing of the requisition and acquisition of the plaintiffs' land. Moreover, it has been further submitted by the learned Counsel that the first part of the prayer (b) h..Category: Procedural Law | Date: | Hits: 99
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