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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....d of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to controvert the claim of possession made by the appellant. In such circumstances, it cannot but be held that the inc......e Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..........Respondents Judgment March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellant....... Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduct of the appellants si..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.......................Petitioners Vs Messers Business ReÂsources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is disÂmissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rul......rity and concluded that it is primarily for the Government "to take an exception to this measure" and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same, we are of the opinion that the bala..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....ime of absence of the defendant must be excluded. In the practical field it is difficult to conceive that a plainÂtiff would wait indefinitely on account of the absence of the defendant to allow his claim to become stale or to allow disappearance of all evidence by lapse of time. In the view of sec.........................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....is well-settled that the Court will not decide a point especially in the interlocutory matter which will not advance cause of justice. It will merely delay the process of coming to a conclusion as to claim and counter-claim which can only be thrashed out in the pending suits which are directed to be......55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and whether the Banker has got lien over such securit...... 2. There is a claim and counter-claim between the petitioner and the Agrani Bank. Petitioner filed a suit claiming a sum of Tk. 75,55,020.28 paisa after adjustment. The defendant Bank also filed a money suit for realization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitione..Category: Banking Law | Date: | Hits: 99
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous possession since purchase would be of no consequence. Unless there is a partitio......ection 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....efore there will be no occasion to make any inference of guilt against the accused. The High Court Division, I in our opinion, has given good reasons for rejecting the evidence of those witnesses who claim to have seen the respondents during the late hours of a winter night in January. Even the brot....... Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division g......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....s no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for f......utable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the present ...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having deÂnied for a while receipt of some overpayment from a Bank in enca...... The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake committed by the cashier. The accused did not..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......37, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is cle...... the purchase of yarn they were waylaid in the village Fulki by these petitioners and others, who, variously armed with pipe guns and sten-guns, fell upon them, assaulted them and snatched away their money bags containing cash of about Tk. 3 lacs. They raised alarm which attracted the neighbouring p..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....owed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian...... 6, 1989. Result: Tthe appeal is alÂlowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their ......s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....fter being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under what authority he claims to hold that Office…….(8) Article 102 of the Constitution can be invoked to require a ......was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to the tribunal he ought to have waited for the appellant to hold the office to see whether the disqualification alleged continued to render...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..........................................Plaintiff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfer of the suit at Dhaka from Jessore on ground of inconvenience. Transfer of a case does n......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....the respondent received adverse remarks from his superior officers in his annual confidential reports for the years 1967, 1968, 1969 and including bad reputaÂtion, dishonesty and corruption. So, the claim of the respondent that he served as a Circle Officer with great efficiency and reputation is n......dent under Article 102(2) of the Constitution of the Peoples Republic of Bangladesh (Petition No.254 of 1973). 2. The respondent was appointed District Kanungo on 5.12.56 and since then he worked for about 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the p......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... Hosssin alias Delwar Ahmed, brother of the recorded tenant Abdus Samad and husband of Sakhina alias Rokeya or Sakhina or Rabeya, was in possession of the aforesaid lands and being in such possession claimed the land to be his and sold the same along with some other lands to the appellant for consid......of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of the appeÂllant was subseq...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....nd of plot No.1603, all appertaining to C.S. Khatian No, 294 of Mouza Tamta PS. Ramganj, District Noakhali for a sum of Tk. 15.000/- in favour of the appellants who are strangers. Respondents 1 and 2 claiming to have land contiguous to plot Nos. 1602 and 1605 prayed for pre-emption in respect of 2.9......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section...... are entitled to pre-empt other lands to which they have no contiguous land. On this finding the learned Judges dismissed the appeal and directed the pre-emptor to pay up the balance of consideration money with usual compensation within four weeks from the date of arrival of records of the case. Thi..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....e clearly understood that the terms of section 561A of the code do not extend the jurisdiction of the High Court to matters which are not inherently with that Jurisdiction. The High Court also cannot claim inherent jurisdiction to exercise powers taken away by legislation. When exercising this juris......he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......ntioned the same figure as his capital in East Pakistan as the one shown by the Income Tax Officer, Sylhet. Again, on the 19th August, 1958, he submitÂted another statement of assets and liabilities for the year ending 31st March, 1958, in which the position was the same. The amoÂunt shown as rese......er of the InÂcome Tax Officer, Sylhet, of the 1st April, 1952, his capital, which he had brought from Shillong, India to Sylhet was shown as Rs. 5,00,000/- only. He explained that he had been giving money from time to time to his wives and children who were in West Pakistan and East Pakistan and th..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Ali, Advocate-on-Record- For the petitioner Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed ......onsideration of the evidence on record found that the pre-emptor is a co-sharer by purchase and the pre-emptee is a stranger purchaser in the case holding but held that the deposit of consideration money along with compensation was not made within time and accordingly disallowed the prayer for p..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....rt Division also failed to appreciate that the petitioner is a necessary party since possession of the' suit property is required to be considered for adjudication of the suit because the plaintiff claimed the property because of his alleged possession. 4. During the pendency of the suit ......Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passe......nt of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the plaintiff: that the plaintiff filled up the ditch out of his own fund at a huge amount of money and constructed house in some portion of the filled up ditch and started living there with hi..Category: Property Law | Date: | Hits: 24
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