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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....The relevant term of the agreement is translated below: "The vendor (appellant) will at his own cost obtain gain‑tax certificates and inform the buyer (respondent) about it by a registered notice, whereupon the respondent will within 15 days pay in cash the balance of Taka 2 l......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......ntiff‑Respondents Judgment July 11 th 1994. Cases Referred To: Satyanarayana vs. G. Yelloji Rao, AIR 1965 SC 1405; Latifur Rahman vs. Golam Ahmed Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....andra Dey, Gouranga Chandra Dey, Tanu Bala Day, Indra Bala Dhar and her husband Aswini Kumar Dhar were the auction purchasers. This defendant purchased the 8 annas share of Dinesh Chandra Dey by a registered Kabala dated 1 January 1970. She is living in a dwelling house on the suit land since th......way the pattani land was kabala purchased by his wife. The kabala i.e. Ext. A II was executed and registered at Dhaka and the appellant's husband acted as the identifier. Umesh, a police constable posted at Manikganj, could have been examined for proving the execution of the kabala, but he was n......d possession and her entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....as that Fakir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire land of plot No 2395. By a registered deed of gift dated 14.11.41 Alep Mondal gifted the entire land of the suit plot to the pl......onstruction, the gift is held to be one of limited interest the gift can take effect out of the usufruct, leaving the ownership of the corpus unaffected except to the extent to which its enjoyment is postponed for duration of the limited interest." Keeping this principle in view, which is s......s according to Muslim Law. With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....se No. 3 of 1983 in the Court of Subordinate Judge, Bogra on 5.1.83 under section 24 of the Non‑Agricultural and Tenancy Act, 1944 to pre‑empt the purchase made by respondent No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......owed. The impugned order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....of the company's housing project the company started development of the land by cutting, filling and leveling earth and demarcating plots and road, spending a lot of capital. The company purchased by registered instrument more or less 45 bighas of land out of the said 300 bighas and also took posses......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......dgment of my learned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......tive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974 to 19 June 1983. He was promoted to the post of Director‑General of Family Planning on 23 April 1976 with the rank and status of a Jo......n of India vs. Subramanian AIR 1976 (SC) 2433 and Union of India vs. Tulsiram Patel AIR 1985 (SC) 1416; LR Khurana vs. Union of India. AIR 1971 (SC) 2111; Bangladesh vs. Zahangir Hossain 34 DLR (AD) 173; Council of Civil Service Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174;..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....three plots measuring about 39 decimals and a common pathway of about 0.06 acres of land described in Schedule-IV of the plaint which is the suit land. Respondent Nos.1-6 and Habiba Banu executed and registered 10 different kabalas in respect of 0.64 acres of land in favour the nominees of the appel......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......impugned judgment and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....case from the judgment of the Small Cause Court Judge. They are, in a nutshell, that the original plaintiff was the owner of the suit premises by way of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on mo......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... which falls well within’ the cognizance of a Small Cause Court, it will be immaterial what the defence is. (Ref: Dr. Habibur Rahman vs. Md. Mansur 25 DLR 211; A. Khalek Miah vs. Maya Debi, 35 DLR (AD) 311; Deoki Rai vs. Harakh Narain Lal AIR 1926 All 760; Sakhy vs. Sadashiv, AIR 1930 Born 361; Bh..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......t the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its Secretary together with all benefits and privileges of his post. He alleged that the order of termination was malafide not being done by the corporation itsel......peal and the same be dismissed with costs. Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ...... 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the appellant. O......respondents after these correspondences ended. No legal right can be founded on these inter ministerial/divisional communications. He cited the case of Bangladesh vs. Dhaka Steel Works Ltd. 45 DLR (AD) 69, paragraph 83 of which is as follows- “83. We must however sustain the fur..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....he behest and connivance of the accused in order to shield the offenders of rape and murder of Yasmin. 3. The learned Special Judge by an order passed on the same day in Special Case No.17 of 1995 registered the complaint and fixed 25-9-1995 for hearing as to maintainability of the case and takin......and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts knowing that they were unlawful. They also did not take any step for post mortem examination of one Abdul Kader who had died in police firing and further removed his dea......... Complainant-Appellant Vs. State.......................................................... Respondent Jugement August 8, 1996 Cases Referred to- Mohammad Ali vs. State, 35 DLR (AD) (1983) 324; Ainuddin vs. State PLD 1962(WP) Karachi 738 Chikoni Bewa vs. Abdul Awal PLR (1964) 1..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
.... 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The procee......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......al Court is restored. Consequently, the application for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....ision is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......to interfere with the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....Lata Store’. On the death of Mohsin Ali Pk. the defendant continued as a tenant under his wife and children and he used to pay a rent of Taka 60 per month. The heirs of Mohsin Ali Pk. by two registered kabalas dated 14-2-1983 and 9-2-1984 transferred the suit premises to the plain and deli......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......gment of the learned SCC Judge is not tenable in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....nt admitted that he was married to the appellant on 3.8.72 and also admitted the dower amount. He admitted that the appellant was not given possession of 11 acres of land even though a saf kabala was registered in her favour. When the appellant gave birth to a male child only 7 months and 15 days of......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......43; Kozhikoti Khadir Palliveetil Mahamed Haji Vs. Moideen Veettil Kalimabi, 41 ILR (Madras) 211; Abdul Futter Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Tamizul Huq Vs. Shamsul Huq, 43 DLR (AD) 34; Adnan Afzal Vs. Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Mrs. Rabeya Bhuiyan,..Category: Family Law | Date: | Hits: 198
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....the jurisdiction by this Act conferred upon the Court, and in that case, such District Court shall, as regards the jurisdiction so conferred, be the Court in respect of all companies having their registered offices in the district.” 11. Uptill now the Government has not empow...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......judgment and order of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... The respondent was transferred to BM College, Barisal in January 1981 and having served there till 25 January 1989 was again transferred to A K Fazlul Haque College, Chakhar, Barisal in the same post of lecturer in Economics. There he found his erstwhile colleague A K M Saidur Rahman, who was ......s is dismissed and Civil Petition for Leave to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......epatriated to Bangladesh; that thereafter he was appointed Section Officer in the Ministry of Commerce; that he was transferred to the Ministry of Foreign Affairs as Section Officer on 9-5-74 and was posted at the Embassy of Bangladesh in Senegal as Second Secretary on 15-2-1979; that he was then po...... written statement and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......and others vs. Bank of Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another vs. Pounuswami Naiker and others 1964 (Mad.) 327; Md Joynal and others vs Md Rustam Ali Mia and others, 36 DLR (AD) 240. Lawyers Involved: A J Mohammad Ali, Advocate, instructed by Shar..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......s, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature of work attached with the post of security guard of the appellant-bank, unhesitatingly it can be said that the plaintiff clear...... for setting aside the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
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