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Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....31st July 1980 passed by a Single Judge of the High Court Division in revision restoring those of the trial court allowing pre-emption. . 2. The disputed transfer took place by a kabala dated 24 January 1961. Respondents (husband and wife) filed......Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting la..Category: Procedural Law | Date: | Hits: 92
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....sion vacating the order of stay granted by it on 5th September 1985: "In view of the contradictory statements made by the petitioner and the respondent No.5 we are of the opinion that there is a disputed question of fact as to possession of the parties which we cannot decide at this stage. In t......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....nquiry was held behind the appellant's back, it is not an enquiry in the eye of law and as such the order of punishment on the basis of this enquiry is not sustainable in law. Since the facts are not disputed, the Writ-Petition need not be remanded to the High Court Division for determination of t...... the Corporation by Office Circulars, act and conduct, adopted the Government Servants (Discipline and Appeal) Rules for their employees and that they applied these Rules in drawing he proceedings, holding enquiries and in issuing second show cause notices; as such they are bound to apply the rule..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....here was an apprehension of the breach of peace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding was converted into proceeding under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as receiver. Both the parties ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ourt and obtained Special leave to consider whether, in view of the provisions of section 22 of the State Acquisition and Tenancy Act, 1950 the learned Judges of the High Court Division were wrong in holding that the lands in question were not liable to assessment of rent. 6. Mr. A.W. Bhuiyan Add..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was tr..Category: Property Law | Date: | Hits: 43
....irs and approved the Joint Secretary's note reading "action as suggested above for cancellation of Mr. Ali Ahmed's revolver license and confiscation of his revolver may be approved".
12. It is not disputed that the Government is authorised to cancel a license under Section 18 of the Arms Act. F......5.)
Judgment
ATM Afzal J.- This appeal by leave is from judgment and order dated 22 July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985 discharging the rule and upholding the Government order canceling the appellant's license for revolver and confiscating the sam..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... for hearing of the matter. Upon hearing on that date the Tribunal in its order dated 8.4.85 stated that the appellant claimed that there was valid seal on his symbol খেজুর গাছ on the disputed ballots but it is found upon scrutiny that there was seal on the symbol of another candidat...... of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upholding the decision of the Election Tribunal, confirmed in appeal, declaring the election of the pe..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......eded for such period, not exceeding the residue of the term of such Paurashava, as may be specified. (2) On the publication of notification under sub-section (1)- (a) the person holding, office as Chairman and commissioners of the Paurashava shall cease to hold office; (..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. .......T.M. Afzal J. - This appeal, following leave, by the four accused-appellants arises out of the judgment and order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transport..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......ve defendant No. 1 of his interest in this suit land. 4. The appellate Court upheld the findings of the trial Court. In second appeal the High Court Division dismissed the plaintiffs' appeal after holding that "in the background of the changed society and social outlook and the need of the countr..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....d family live in Dhaka in the Ispahani Colony and he himself rented a flat being flat No. 2 in Ispahani Colony at Dhaka. He exercised all manner and acts of ownership and possession in respect of the disputed house and went on paying ground rent, municipal tax and urban tax. He paid income tax on th......25 March 1971. M.H. Rahman J. - I think the appeal should be allowed. The Government of Bangladesh has been treating the respondent's property, 'Lismore Court' on plot No.NE (G)-II, Municipal holding No.7, Road No. 75, Gulshan, Dhaka, as an abandoned property since 1972. As the Government re..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....hat it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain identity of the disputed plot to verify truth or otherwise of contention in the plaint of the former suit………......an J. - This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five person..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......first appellate court and restored that of the trial court 6. Being aggrieved the defendant-appellants obtained leave from this Court to consider whether the High Court Division was wrong in not holding that the contract as mentioned in sub-section (5) of section 18 of the Premises Rent Contr..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....uments but it raised a question as to the evidentiary value of those documents in the absence of any oral evidence supporting the defendants' case in the written statement. The present defendants disputed the devolution of land of khatian No. 128 from Sonaullah Sk. as the original owner. Accordi......ourt Division being Civil Revision Case No. 152 of 1983. The learned judges of the High Court Division, by the impugned judgment and order dated 27 March 1984 March 1984, discharged the rule upon holding that there was no ground for directing a remand as prayed for by the appellants. 7. Leave..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......to save such trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bh..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... aggrieved the appellant moved this Court and obtained Special Leave to Appeal to consider the following, contentions- "1) Whether the learned Judges of the High Court Division were wrong in holding that the admission of the plaintiff-respondent that the defendant-appellant paid rent to ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....itutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those paper......d the findings of the trial Court and allowed the appeal. 3. Facts are as follows: In 1928 Dhaka Lodge was given a lease of the suit plots being Plots No.74, 160 and 163 of mouza Purana Paltan at holding No.71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....land of the plaintiff. The learned Advocate for the appellant submitted that in view of the fact that Ext. D, the record of rights, was corrected on the plaintiff's own petition by directing that the disputed plots 1310,1320, and 1342 be recorded in his name, and at column No. 23 the names of the de......e, fraudulent and not binding upon the defendants. 5. The trial court rejected the defendant's claim of title by inheritance, found the plaintiffs title in the suit land, but dismissed the suit by holding that the plaintiffs title had been extinguished by more than twelve years' adverse possessio..Category: Property Law | Date: | Hits: 35
....h is of fundamental importance and this shows that the acceptance is in conformity with the Tender Notice, learned counsel further explains. The learned Counsel has in this connection referred to the disputed offer of the appellant himself Annexure 'E') in which the appellant stated that he is ready......his offer was not accepted by the authorities which reserved right to reject any tender without assigning any reason.
6. The trial court by order dated 13 January 1987 granted temporary injunction holding, among other things, that monetary compensation would not be adequate in case the plaintiff ..
Category: Business or Commercial Law | Date: | Hits: 95
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