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Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....tire office file was shown to the Administrative Tribunal in which the letters of the respondent's wife and of one Dr. M. Mainul Haque were there and his failure to produce paper in support of his claim of divorce and re-marriage 'vas also there, that a summary prepared for the Finance Minister ......the same. The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancel......efore cancelling his appointment, he was not given any opportunity of being heard. He made representation but without any result. Thereafter by the Memo, dated 20.8.1994 he was asked to deposit the money released to him earlier for travelling and other incidental expenses. Respondent deposited Tk..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....ck and also can not say that the suit property would be put to auction. 14. "Estoppel" in Black's Law Dictionary is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has ......o. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relat......t No. 5, Executive Engineer, P.W. D., that the Valuation Committee had determined the value of the suit property and the plaintiff as per Government policy expressed his willingness to pay/deposit money as per valuation determined by the Valuation Committee. The plaintiff was advised by th..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....he meantime the other defendants have created false documents in respect of the ‘Kha’ schedule properties and dispossessed the plaintiff therefrom. 3. The defendants resisted the claim of the plaintiff. Their claim is that that they purchased 'Kha' schedule property from the o...... of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....ing evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was......idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....hreatened him to dispossess from the land in suit, although defendants have no right, title, possession and interest in the land in suit and that paper on the basis of which defendants have raised claim are not genuine and the same are only paper transactions and as such he has been constrained ......ing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land b......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....dered the evidence of P.W.1, son of the plaintiff who stated that the witnesses examined on the plaintiffs side were not present at the time of taking settlement by the plaintiff. But P.W.1 himself claimed that he was present at the time of taking settlement by the plaintiff and he also gave out ...... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe......body and no jama has been fixed in Ext. 7. The court of appeal below on perusal of Exts.7 (a) and 7(b) held that the Ext. 7(b) is not a pattani likhan, but it appears to be a receipt for deposit of money through one Rajab Ali Sikder, for an area of land measuring 2.09 acres of land. The appellate..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... declared owner of the property and as such the Memo, impugned in the writ petition is quite legal since the abandoned property authority is required to hand over possession of the property to the claimant, the Respondent No.3, upon evicting its allottee. 5. It may be mentioned that owner......issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t......of the Abandoned Property Authority treating the Corporation's property in question and other properties as abandoned property and in that state of the matter the appellant prayed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not pai..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin......c tons of fertilizer to the defendant Nos. 1 and 2, they obtained loan from the Bank upon hypothecation pledge of the said fertilizer and the Bank facilated the said defendants to utilize the loan money on the basis of their agreement of purchase with defendant Nos. 3 and 4. 9. It appears..Category: Banking Law | Date: | Hits: 129
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment: ......section of the society, otherwise in very near future person having respect for ethics and values would choose to be away from the education institutions financed by the State out of the tax papers money and by that the education institutions would be happy home of the persons who have no respect..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....t on the basis of Exts. 4 and 6 (judgment and decree in Title Suit No. 626 of 1975 and in Title Appeal No. 92 of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court having had expressed view doubting genuine...... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....gment and decree of the appellate court. 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land to one Chapala Bala by registered kabala ........Respondents Judgment July 2, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... service of the Republic or of any Corporation, nationalised enterprise or local authority or who, on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not include any person who-...... while problem developed in his eyesight, and that inspite of treatment as problem in the eyesight of the appellant was continuing there was recommendation on November 30, 1989 for grounding him and he brought the said fact on December, 30, 1989 to the notice of the Biman aut...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by t......osecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the ye..Category: Anti-Corruption Laws | Date: | Hits: 90
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....6 months and the remaining half after one year of the issue of the said certificate of the completion." "The contractor shall go through items and measurement prepared for final payment and file claims, if any, before he receives final bills. No claim or arbitration as per clause 22 shall be en......n No.402 of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going project of the Upazila Parishad as a contractor was disqualified to be a candidate for the post of the Chairman under section 6(2)(f) of the Local Government (Upazila Parishad and U......after execution of work done as a contractor by the elected chairman it can be said that he had pecuniary interest in the affairs of the Upazila Parishad. It was observed- "A bill for payment of money on account of some work done is not payable as a matter of course, but it requires to be exami..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubudd......the plaintiff Company required the premises for running restaurant befitting its prestige and position. 3. The defendant-respondent's case is that he was not a defaulter, that he invested a lot of money for furnishing and equipping his canteen with necessary fixtures; that he supplied good food..Category: Property Law | Date: | Hits: 64
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......hittagong ..............Respondent Judgment November 11, 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the y......business upto 31-8-63. Thereafter the then Water and Power Development Authority (WAPDA) took over all the assets of the Company on payment of compensation of Tk. 7,37,031/-The appellant received money and the price was decided as per valuation mutually agreed upon. During the Assessment year ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....the questions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicial......he State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In th......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....ed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indicates that the decree holder plaintiff did not relinquish his claim to interest from the date of the suit. And thus the prayer for interest from date of the suit ......lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ......eference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indicates that the decree holde..Category: Civil Law | Date: | Hits: 113
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....se he would have made efforts as other persons from other Unions did and obtained favourable orders from the election commission following enquiries caused to be held. Respondent could not rightfully claim any benefit on the basis of general findings made in the (Annexures ‘D’ & ‘E’) aft......peal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other U...... be held on 10.2.88. The date for filing nomination papers for the said election was on 10.1.88. Respondent No. 1 who wanted to be a candidate in the said election for chairman deposited security money of Tk.1000/-on that date and obtained nomination paper which was duly filed in. Respondent No...Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....fresh notices the plaintiffs were constrained to file a suit being Title suit No. 36 of 1968 in the 1st Court of Munsif, Dhaka against the defendant-appellants and respondent No.3 challenging their claim of acquisition of the suit land without service of legal notices under section 5(1a) and 5(3) ......wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl......8. Although there is no particular period within which a requisitioned land is to be acquired after notice for acquisition has been served, yet when the value of the land was increasing but that of money was decreasing the compensation to be paid now on the valuation of the year 1962 would cause s..Category: Property Law | Date: | Hits: 38
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