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Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....cused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Arabia which would fetch a good prof......li Bank at Rajapur Branch and Taka 3,000,000.00 with his brother-in-law. As the complainant returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....ellip;………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land t......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....nce, 1984 referring two questions of law for decision which are as follows: “(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the difference arising out of refixation of price of stock of petroleum products is w......n 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diver..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....y the plaintiff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the Land Acquisition Manual was binding upon the appellant since violation......t November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this w..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....las was wrongly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Adv......rty to alter or amend his pleading in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. But the whole question in the present case is whether, having regard to ..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....fore, is that whatever is not retainable vests in the Government by operation of law and that too free from all encumbrances. We are, therefore, of the view that the High Court was not right in holding that the interests of tenants of raiyats such hats and bazar had not vested in Government.......ellip;…………………………………………………… Petitioner Vs. Government of Bangladesh and others……………………..Category: Property Law | Date: | Hits: 90
....e Articles (of Association) or the Statute, because it is the company and not the Court which is responsible for its management. The High Court Division having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order………......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ty was carrying on any assault as may reasonably cause the apprehension that ether death or grievous hurt will otherwise be the consequence of such assault the High Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………&h......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....pecial Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1947. The learned Single Judge of the High Court Division was wrong in holding that the accused could not be tried under Act II of 1947 along with other Penal Code offence......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....on the self-same evidence was discriminatory cannot be brushed aside. 12. While considering the case of the appellant the High Court Division observed that the evidence of the doctor holding post-mortem examination of the deceased tallied with the wound as was alleged to have been ......p; 4. It is necessary to observe at the outset that we do not agree with many things as found, held and observed in the impugned judgment, but those are not in issue in this appeal as the Government has not preferred any appeal against the acquittal of the other accused. The issue here i..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 witnesses. 5. The trial Court decreed the suit holding, inter alia, that the defendant is a defaulter having defaulted in making payment of rent fo......n for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the suit. ..Category: Tenancy Law | Date: | Hits: 93
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....ect that the acquisition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of the compensation payable under section 10 of the Ordinance is esse...... J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Judg..Category: Property Law | Date: | Hits: 89
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....tition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in th......that the pre-emptor has no locus standi to file the case as she is not a co-sharer or contiguous landholder of the alleged case holding No.185. The purchaser- respondents are co-sharer by purchase over the case holding and plot by way of kabala deeds and that the pre-emptor had full knowledge of..Category: Property Law | Date: | Hits: 51
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....he High Court Division in Writ Petition No. 1436 of 1995, summarily rejecting the writ petition. 2. Respondent Nos. 2-6 filed Case No. 255 of 1987 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the pro...... Judgment Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the expl..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....natures of the Petitioner in Ext.3 series as token of acknowledgment of the money from Nurur Rahman Khan were not examined by any handwriting expert and therefore the High Court Division was wrong in holding that signatures in Ext.3 series were those of petitioner. The learned Counsel further conten......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....lowing leave, is from the judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpur)/No. 9469 of 1991 (Dhaka) discharging the Rule and upholding thereby the order dated 7-3-90 passed by the Senior Assistant Judge, Shahajadpur in Other Cl......r VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will e..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....it. 4. On appeal, Title Appeal No. 52 of 1991 the lower Appellate Court by its judgment and decree dated 25 -9-93 allowed the appeal, reversed the decree of the trial Court and dismissed the suit holding, inter alia, that the plaintiff could not prove their right, title and possession in the sui...... is a genuine document to the knowledge of the plaintiffs and that on the basis of the said deed plaintiff No. 2 purchased on 27.4-84 some land from defendant No. 2 admitting the document itself. Moreover, one Nuruzzaman, son-in-law of plaintiff No. 1, has also purchased some land of the said deed o..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....ted themselves in relying upon the principles of law enunciated therein. 7. It appears that even after curtailment of Amjadhat Union from the nikah registration area of the petitioner he has been, holding three Unions, which is the minimum as per clause (c) to sub-rule (1) of Rule 10 of the Rules...... dated August 4, 1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2319 of 1995 discharging the Rule. 2. The Ministry of Law Justice and Parliamentary Affairs of the Government of Bangladesh by an order dated 25-10-95 (Anex. “C” to the Writ Petition) appointed te..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....ow seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of article 50 ......ound was that, the reliefs claimed in the election petition were also not in accordance with article 51 (2) of the Order. 5. The Election Tribunal did not find any merit in any of the grounds and overruled the objections of the petitioner by its order dated 5 October 1997. 6. The petitioner ..Category: Election Law | Date: | Hits: 168
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