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Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......bmitted that this Division while following the case of Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a review. It is to be observed that the Privy Council has said tha..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....um Dum Road Calcutta were paternal houses of the defendant and when her sisters wanted to transfer their shares she purchased the same in her own money and she paid the consideration money from her personal fund. The shares of her brothers Wazidar Rahman and Mazidur Rahman were also acquired by ......s No. 207A, Park Street, Calcutta was purchased by her with her own money. Her husband (plaintiff) used to look after her affairs. The plaintiff had no money at that time to purchase the property. Premises No. 25. 23A and 23B, Dum Dum Road, Calcutta were the paternal houses of the defe..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the law, rules and the Board of Directors, for making personal gain out of the business of the Company at the cost of the Company as well as respond......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......he lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of the property from the lessee, without recourse to a court of law, if the lessee does not voluntarily s..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......vable Property Tax Rules, 1957 reads as follows:— "10. Amendment and alteration—The Assessing Officer may amend or alter the valuation and tax payable for a holding. (a) by entering any property which in his opinion ought' to have been entered or which has become liable to tax after th..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....Don-caster Amalgamated Collieries Limited A.E.L.R. 40 vol. 3 p. 549, the House of Lords considered a similar question. In that case the Court came to the conclusion that the contracts of personal service are not assignable. The Company Court made an order under section 154 of the Compa......n of the High Court Division that the service of the respondent could not be transferred to the new owner after disinvestment is correct. 3. Halda Valley Tea Estate became an abandoned property and had vested in the Government under P.O. 16 of 1972. The Bangladesh Tea Board was ..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......t Division are that the premises in question being a shop the appellant was running his business there under the heading 'Bornika . On Independence of Bangladesh, the shop was taken over as abandoned property and thereafter it was released by the Abandoned Property authorities and the respondents ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......Article 7 of the said President's Order reads as follows: "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances reserve funds, investments and all other rights and i..Category: Banking Law | Date: | Hits: 129
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....aw raised on behalf of the appellants is that the High Court of Baghdad-ul-Jadid erred in holding that the onus was on the plaintiffs to prove "that the rule of inheritance in their family is their personal law and not the customary law". Learned counsel points out that under section 5 of the Punj......r section 5 of the Punjab Laws Act, 1872, which was applicable to Bahawalpur, the position was the reverse. Section 5 provides as follows:— "5. In questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bast..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......Rs, 2,400/- for the three tube-wells" and proceeded to consider whether upon the fact, as found, the offence would come under section 406 or 420 of the Penal Code. He rightly held that as no money or property was entrusted with the accused and as he had purchased the materials with his own money, he..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was......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
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....end to office, He was also on leave on 4-3-59. On the morning of 4-3-59 I sent Daftari Aziz to his house to get Govt. cheque signed and to obtain the duplicate key of the safe and also a private personal cheque for Rs. 650/-. At about 11 A.M. Aziz brought the key and cheque Ex. 32 as also the ......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
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....se, the words "if he appears" make it a condition precedent to the disposal of an appeal that the appellant is heard or, at least, has a choice of appearing and that this word 'appears' refers to the personal appearance of the appellant for his appeal, which has been admitted, and which cannot be di......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....nce, the cross-examination of Mohammad Khan, complainant, could not be completed. On 27-9-1969 the case was adjourned without any proceedings as one of the defence counsels wanted to attend to some personal business. On 9-12-1969 Sanaullah, son of Allah Ditta, accused, did not appear as he was to ......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
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ngal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....igencies of circumstances created by the disturbances in East Pakistan in 1964, it was perhaps not unnatural on the part of the respondents to cross into India under a Migration Certificate for their personal safety. The normal travel documents, such as, passport and visa were not likely to be avail......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......e, final decree was passed on 21-3-1992 and the plaintiff-respondent-Bank filed Title Execution Case No.4 of 1998 for execution of the decree and accordingly the Executing Court attached the property of the petitioner in the aforesaid Execution Case by order dated 3-6-1992 and in the execu..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... 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. ......s that if a party to a arbitration agreement files suit and simultaneously files interlocutory application such as for interim injunction or for appointment of receiver for protection either of the property or interest of the parties, in that event the other party, to face the interlocutory inju..Category: Business or Commercial Law | Date: | Hits: 94
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