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Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....lls of the requisitioned land had been constructed. The learned Additional Attorney General considered that the notice under Rule 10(1) had Ben issued, but no enquiry had been undertaken. This is not disputed by Mr. Haider and he frankly submitted that after the issuance of the notice no proceeding ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....diction and the learned Judges of the High Court Division disposed of by the judgment on 1.12.69 holding that the respondents were authorised to exercise necessary powers for taking possession of the disputed land upon partition which were enemy properties and directed the Custodian to look into the......s of P.O. 142 of 1972 Government of Bangladesh was added as defendant No. 4 and it adopted written statement filed by the Assistant Custodian of Enemy Property. 6. The trial court decreed the suit holding that the Bainapatra was a genuine document and the appellants were in possession of the part..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......adesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... or causing bodily injury which is sufficient to cause the death in the ordinary course of nature. 5. That the respondents were responsible for the injuries found in the dead body of Shantu is not disputed by Dr. Rafiqur Rahman, learned Advocate for the respondents. There is overwhelming evidence......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 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 ‘Khejur gach’ the disputed ballots but it is found upon scrutiny that there was seal on the symbol of another candida......view of the discussion above we find no substance in the contention ultimately raised by the learned counsel for the appellant and thus no scope to interfere legally with the impugned order upholding the concurrent decision of the Tribunal below, unfortunate it may seem though that the..Category: Election Law | Date: | Hits: 110
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....him to remove his structure from plot No. 404. 4. Appellant Nos. 1 and 2 denied the material allegations in the plaint contending, inter alia, that the pre-emptor was not a co-sharer in the disputed holding as it had been separated before the filing of the pre-emption case. It was claimed......move his structure from plot No. 404. 4. Appellant Nos. 1 and 2 denied the material allegations in the plaint contending, inter alia, that the pre-emptor was not a co-sharer in the disputed holding as it had been separated before the filing of the pre-emption case. It was claimed that app..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... in law in not accepting the plaintiff's case. It is further contended that the deed of gift is a registered document, and as its registration in the manner provided by the Registration Act was not disputed that document ought not to have been rejected as the substantive evidence of the plaintiffs......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....o bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants except the agreement to sell; that he also admitted that the defendants were living on the disputed land; that neither Abdur Razzaque nor any one else was examined to say that the defendant......d assertion that defendant Nos. 1,3 and 6 were in India and the plaintiff's own admission that defendants Nos. 1 and 6 left for India and they were not in this country the trial Court erred in holding that defendant Nos. 1, 3 and 6 virtually admitted the plaintiff s claim by not appearing an..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......effective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctly construed the statute holding that section 35A, which provides for higher amount of Court-fee than the maximum limit fixed..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... In Halsbury's Laws of England (Vol. 6, 538), as has already been referred to by Syed Ishtiaq Ahmed, it bus been stated that ''a winding-up order will not be made on a debt which is bonafide disputed by the company but the court must see that the dispute is based on a substantial ground; ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... suit property remains a vested property. Leave was granted by us to the decree-holder to examine the validity of this order. 24. Mr. S. R. Pal, learned Advocate for the appellant, has disputed the view taken by the learned Judges of the High Court Division and has contended that the......todian on and from 6th September 1965 and as such the same was exempted from attachment and the sale in execution of the Civil Court decree. The Execution Court allowed the miscellaneous case holding that the mortgage property had vested in the Custodian and as such the property could not b..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... complaint. He did not say that the accused were trying to finish them also after his brother Khijir was allegedly killed. In view of the contradiction the High Court Division was justified in holding that the delay in lodging the complaint was not properly explained. 29. It does not ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ave to appeal in the following terms: "Mr. Asrarul Hossain, learned Counsel for the defendant-petitioner, contended that the learned Single Judge of the High Court Division was wrong in holding that Regulation 18 (a) of the Bangladesh Biman Corporation Employees (Service) Regulations..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......e from the conclusion that accused Lalu was the assailant, who caused the murder of deceased Ashraf Ali and accused Kabir committed the offence causing disappearance of the evidence and for withholding the information from law enforcing agency for which both of them were convicted by the trial..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... Khaleque Bains vs. Government of Bangladesh, in Civil Appeal No. 21 of 1986 wherein it was held that in a suit for declaration of title filed against the Government which have taken over the disputed property as abandoned property, defendant-respondent No.3 to whom the Government was tryin......Writ Petition No. 288 of 1985 decided by a Bench of the High Court Division, Dhaka (Amin-ur-Rahman Khan and Md. Abdur Rouf JJ) on 28th August 1986. 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the re..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....iness in the name of, "Ciproco Computers' from the time of incorporation of the Company till the application for winding-up was filed. This is all the more evident from the fact that the disputed Trade licence was obtained from the Dhaka Municipal Corporation on 28 May 1986 that i......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....gations. It was a case of revising the rate of royalty payable by the lessee that was challenged by the lessee. The Court took the view that when facts are to be investigated and if those facts are disputed the relief under article 226 is not appropriate. In the Divisional Forest Officer Vs. Bi...... first time in May 1985, that is, after a lapse of three years from the commencement of the lease, it was for the government to get dispute settled drawing the lessee's attention to the mailer before holding that the rent was not paid in time. 51. As to execution of development work, the Lease De..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ision, Dhaka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the defendants-appel..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dh..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
.... was assessed in favour of Jagadish who withdrew the same without any objection from the plaintiff. P.W. 1 claimed that he also got share of the partible land. D.W. 3, who barga cultivated the disputed partible land, however, stated that the plaintiff claimed his share of produce only after ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 37
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