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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....for setting aside the sale under the provisions of Civil Procedure Code. 4. The learned Subordinate Judge by an elaborate judgment allowed the said application and set aside the auction sale holding that there was fraud and material irregularity in publishing and conducting the sale and tha......roperties, and a share-holder has no direct say in the management of the affairs of the company, but it is the share-holders who provide the share-capital of the company and have the ultimate control over its management and, in the ultimate analysis, it is they who are going to suffer for the loss..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....not decide it. The real issue before the High Court was whether the Respondent in the aforesaid circumstances could be held to be an unauthorised occupant, and the Court was justified in holding that the Company cannot be termed an unauthorised occupant. 8. On the question of t...... facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. Industries Ltd. filed writ petition asserting that prior to the filing of writ petition, the Government by a Notification of October 11, 1972 took over the company with all its assets and pro&s..Category: Property Law | Date: | Hits: 57
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....plinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintiff and c......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... observation: "We do not think that there is any substance in this contention of the learned Counsel. There is, no doubt, some reference to certain structures in the description of the holding as given in the decree in question but the description is also with reference to survey num...... 8. Learned Counsel has cited a decision of the Dacca High Court in the case of Golamar Rahman Sowdagar Vs. Sm. Emartannissa Begum, in (1970) 22 DLR 126 P.L.D. 1957 Dacca 372: where a decree for recovery of possession on a declaration of title was affirmed by the High Court on the view that the mo..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....omulgation of the Act and taking notice of a Division Bench decision of the Dacca High Court in the case of Saudamini Roy Malakar vs. Narendra Chandra Barman, in 4 D L.R. 492, dismissed the appeal holding that both under the Act as well as under the principle of Hindu law, a Hindu widow by her r...... D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
.... Act which expressly empowers the Government, amongst others, to fix the spirit strength of medicinal preparation which is liquor within the meaning of the Act, and whether it is correct in holding the amendment of rule 15 ultra vires the Act. (2) Whether the High Court Division is ri......a Ratnabali. The three respondents challenged the vires of the amended rule, chiefly on the ground that the proposed rule will destroy the medicinal efficacy of those Ayurvedic preparation. This Government however resisted the challenge denying the destruction of medicinal efficacy, and ascert..Category: Fiscal/Taxation Law | Date: | Hits: 137
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ted by the Supreme Court of Pakistan to consider two questions, namely, (i) whether the agreement entered into by the Union was binding on its members and (ii) whether the High Court was correct in holding that the clerks working on Flats and towing Steamers and those working on Shore belonged t......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....ensation under the Act arises on the acquisition of the property. It is therefore the law on the date the property stands acquired is in force shall prevail. We find no justifiable reason for holding, that when the dispute for payment of compensation, or the reference is made, that the law ......did not accept the determination of the Deputy Commissioner. 4. At the hearing of the application, the dispute centred round two questions: the question of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....der Article 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property......ons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 157; Attorney General vs. Prince Ernest Augustus of Hanover, 1957 A.C. 436 same case 1957 (1) All. E.R. 49; M/s Speed Bird Navigation Company and another..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... the well-recognised rule of construction of a status. 16. It would, however, be noticed that there is no reference to "Government Servant' or 'Public Servant' in Article 135. It is a person 'holding a civil post in the service of the Republic’ who is entitled to the protection provide......; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. Vs. Government of Pakistan; 13 DLR (SC) 233 = PLD 1961 (SC) 537 ; The Chief-Commissioner, Karachi Vs. Mr..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... my opinion, assessment of compensation made by the Land Acquisition Court under section 93A of the Town Improvement Act is not applicable, and the Bench of the Dacca High Court was correct in holding that the appeal preferred to it was incompetent. But at the same time I am also of the view......n L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order No. 1516-Reqn. dated 3-10-1963. 2. The Additional Deputy Commissioner Dacca,..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
.... filed a suit being Title Suit No. 157 of 1965 in the 6th Court of Munsif, Dacca against Azharuddin Ahmed, the predecessor-in-interest of the respondents for ejectment stating, inter alia, that the holding No. 43, Panch Bhai Ghat Lane within Police Station Sutrapur, Dacca originally belonged to on......im to vacate the suit premises. It is to be noted here that the impugned order against which the Writ Petition was filed was passed on the ground that the property in question was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the tra..Category: Tenancy Law | Date: | Hits: 76
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....Sonargaon PS Case No. 2 dated 4-3-1987 was registered as the first informant although investigation in respect of the incident in which Driver Siddique Bhuiyan alias Raja Mia died started with the holding of inquest of the dead body of the said driver, after query about the incident from the per...... altercations between the driver and the Ansar and that at one stage while the driver tried. to proceed forward that annoyed the condemned prisoner Chan Mia, the Ansar, the to ascertain the matter over which the were altercation between the driver and the Ansar, he (PW 2) stood up from his seat ..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....sion in Writ Petition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the People’s’ Republic of-Ba......p; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Aff..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....ies Act, 1991 (XIV of 1991), Section 103 The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Ban......mmoveable properties in presence of the elites of the society. Plaintiffs have been misbehaving with the defendant No. 1 and they did the same in the lifetime of late Nuruddin Ahmed. While thinking over the future security of defendant No. 1 late Nuruddin Ahmed opened joint FDR accounts and savin..Category: Civil Law | Date: | Hits: 112
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....nder the Special Laws by the courts as have been set up for trying the said special cases and not by the Court having general jurisdiction to try criminal cases under the Penal Code, and, as such, holding of trial of the offences in the special court and ordinary court cannot be considered beyon......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....dgment and order passed by the High Court Division in Writ Petition No. 1093 of 1989 making the Rule absolute and declaring that the order of the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawf......p; Government of Bangladesh and others............................. Petitioners Vs..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....issuance of the Rule stayed publication of the result. 4. Appellant’s case, upon denial of the allegations of the respondent No.1, was that there was no illegality in the holding of poll and consolidation of the result as well as in declaring him elected by the Returnin......ent No. 8 in the writ petition) elected Chairman, stating, inter alia, that election of No.3, Citholia Union Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Centre in Ward No.7 where the appellant with his unruly followers took aw..Category: Election Law | Date: | Hits: 124
....n untenable grounds and on hearing the parties the Adalat by order dated 15-3-1997 rejected the petition for compromise decree. It is the case of the petitioner that the Artha Rin Adalat was wrong in holding that respondent No. 2 was not agreeable to compromise. But in the letter dated 25-2-1995 res......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
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Category: Civil Law | Date: | Hits: 109
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....the aforesaid two applications by filing written objection. 5. The trial Court by its order dated 16-8-89 allowed both the 3rd and 4th applications for amendment of the plaint holding, inter alia, that such amendment does not change the nature and character of the suit. Agai...... 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case which was not necess..Category: Property Law | Date: | Hits: 58
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