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SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......on Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz......ent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz Al‑Aman used to work in Kuwait and send her money from there; that the accused, a close family friend, obtained a sum of Taka 6,00,000.00 (Tk. s..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... VII reads as follows: "14. Production of documents along with the plaints.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them In Court when plaint is presented and shall at the same time deliv...... revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money ......Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money suit against the defendant for recovery of the outstanding liabilities in respect of a sancti..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ministrative Tribunal to shed off or abandon its heritage and substitute its genes with those of its choice of a different heritage. Apart from the obvious fallacy already indicated, the petitioner's claim, if accepted, would result in appointment of some deemed High Court Judges contrary to the exp......any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was ......eat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor can all wrongs be remedied by judicial review. See Article 103(3) barring any inte..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... the appointments and it dismisses the Officers and employees of Jamuna Oil Co. Ltd. under the Articles of Association. If an illegal dismissal has taken place then the dismissed employee can only claim damages but not a declaration that the dismissal was illegal. In other words, Mr. Ahmed rever......affirmance of those of the learned Subordinate Judge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamu......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....verse possession. Their further case is that the disputed ‑/4/‑ annas share originally belonged to one Jagat Chandra Gupta. The shebait of Gobinda Jieu demanded rent from the defendants claiming that he had purchased the share of Jagat Chandra and accordingly they paid rent to the she......rrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in the benami of Krishna L......No. 295 of 1969). Judgment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (R......ght, title and possession in the schedule land of the document. The operative portion of the document shows, inter alia, that the schedule land of the deed of release was auction purchased with the money of the recipient in the name of the executant; that the recipient is the actual owner and po..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
.... the plaintiff had to file Title Suit No. 107 of 1973 against the Government. In the said suit defendant No. 2 of the instant suit impleaded herself as defendant No. 7 and filed a written statement claiming that defendants No. 4‑6 entered into an agreement with defendant No. 1 to sell the ...... in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. 2. Plaintiff‑respondent No. 1 filed the aforesaid suit, originally numbered as Title Suit No. 68 of 1974 in the Third Court of the Subordina...... 16. Section 118 of the TP Act defines "Exchange". It says when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only; the transaction is called an “exchange". An exchange is a mutual transfer be..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....and was worth much more than Rs. 200/‑ at the time of execution of the document. The appellate Court below, reconsidering the evidence on record, found that circumstances were against Isobullah for claiming actual market value of the disputed property at the time when he executed Ext. 1. The trial......fs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was dec......land is a good crop‑yielding land and the defendant realised more than double the amount of Rs. 200/‑ from the usufructs. The plaintiffs demanded redemption of mortgage upon offering the mortgage money with interest but the defendant having not paid any heed to it the plaintiffs filed the suit f..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ova Debi, mother‑in‑law of Ananta Bandhu Sen, auction purchased the same. She took delivery of possession after obtaining sale certificate she succeeded in releasing the suit property by filing a claim case No. 50 of 1956 under Order 21, rule 53, CPC While in possession thereof she leased out th...... Bench) in Civil Revision No. 895 of 1979 setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....nt of 4000 metric tons only. Later on M/s MA Baker did not turn up to take delivery of the balance cement in spite of repeated calls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which resulted in a money suit being Money Suit No. 387 of 1990 in......and law involved in the two appeals being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of C...... not turn up to take delivery of the balance cement in spite of repeated calls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which resulted in a money suit being Money Suit No. 387 of 1990 in the 2nd Court of the Sub‑Judge, Chittagong. It was ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....nd order dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had ......er dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquie......rar's office and put up resistance to the execution of the two kabalas. Further evidence is that at the intervention of the scribe the pre‑emptor was given one day's time to bring the consideration money in order to buy the land himself but he did not turn up whereupon the kabalas were written and..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... possession as bargadar", which is not correct. The High Court Division, it was further submitted, went wrong in holding that the learned Magistrate had decided the question in respect of the claim of the parties with reference to title which is not contemplated in Section 145 Cr PC. ......tter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....s not the intention to bring the Social Security Court on a par with an ordinary civil Court, so as to make it possible to the former to invoke the provisions of Order XXXIX rules 1 and 2, nor it lay claim to any other provision of law to suspend the execution of the order appealed against, After co......rder dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). Judgment MH Rahman J: Respondent No.2 instituted industrial Relations Case No.73 of 1985 before the First Labour Court, Dhaka under section 34 of the industrial Relations Ordinance, 1969, in ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....e well‑known earlier decisions for their persuasive value and assurance. 39. The Bushell's Case (1670), Vaughan 135, is probably the earliest case of the broadest review power a Court claimed in a habeas corpus matter. Finding the return insufficient Vaughan CJ discharged a juryman ......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes......etenu went on exile after the assassination of President Sheikh Mujibur Rahman in August, 1975. He is alleged to have been tried in absentia along with his brother for alleged misappropriation of money of a Co‑operative Society by the Special Martial Law Court in 1978. When an accused is ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
.... Judge, Dhaka by the Defendant respondents (the Government and its officers) against a decree dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. Ho......Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorney‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents. Civil Petition for leave to Appeal No. 16 of 1990 (From the Judgment and Order dated 9th August, 1989 passed b......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by ei......"105. A lease of immovable proper y is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on spec..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......;This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants th......ss of quantitative ceiling, no doubt, will stand acquired to the Government but the wakf estate shall get compensation for it. This part of corpus of the wakf estate is altered from land into cash money. This money is wakf. The Mutwalli, under the doctrine of cypres is bound to invest it in such..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....urport to act in the discharge of his official duty, if his act is such as to He within the scope of his official duty. The test may well be whether the public servant if challenged, can reasonably claim that, what he did in virtue of his office. In the case of Matajagdobey Vs. H. C.......to examine the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in t......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... subsequent action of Defendant No. 1, the plaintiffs' suit is brought within the mischief of Section 93C of the Act. Whether the plaintiffs will ultimately succeed in establishing their claim in the suit is, entirely a different matter, but in view of the nature of the case made in th......p;…....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Ab...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......g, calendar printing on papers and also printing on tiny. The relevant assessment years were -1956-57, 1957-58 and 1958-59 and the rates of gross profits were shown at 34%, 33.6% and 35% respectively for the said years. The Income-Tax Officer on a consideration of the return filed by the assesse......and sold and that the said accounts were, on the whole, unverifiable. The said Revenue Officers as well as Appellate Tribunal came also to be the view that the introduction of a substantial amount of money as loan in the books of account of each of the assessment years, which was not really a loan..Category: Fiscal/Taxation Law | Date: | Hits: 164
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