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Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ed and registered is a forged document. Respondents No. 4 to, 10 have been made defendants in the suit as they are alleged to be the subsequent purchasers from Respondents No. 1 and 2 and claim interest in the properties in the suit. The suit has been contested by Respondents No. I and ......ivision refusing to interfere, in exercise of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... in respect of a hut only was extinguished as such as the subject matter of the tenancy was completely gutted by fire and that the tenant who constructed a new hut at the old site was not entitled to claim that his tenancy still subsisted at his option as contemplated in section 108(6) of the Transf......ker, Senior Advocate — For the Petitioner. Mian Abdul Gafur, Advocate, instructed by B.C. Pandey, Advocate-on-Record. Md. A. Aziz, Advocate-on-Record— For the Respondents. Civil Petition for Special Leave to Appeal No. 36 of 1977. (From the Judgment and Order dated 7-1-77 passed by t......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....marriage to give up all the properties to her husband's relations, held that the widow who had remarried must be regarded as no longer surviving her husband and as such not entitled to lay any claim to the properties left by her husband. This case appears to have been decided solely on the ...... Keri Kolitani, LR 7 IA 115: ILR 5 Cal. 776; 19 WR 367—13 BLR 1 (FB). Lawyers Involved: Md. Golam Rabbani, Advocate, instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—......nbsp; ..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ng subsequently come to an agreement executed on 17-2-67, a Memorandum of Settlement signed by both the parties setting out a policy of retrenchment. In accordance with the said settlement, as claimed by the Company, 50 out of 149 clerks, who were served with retrenchment orders, were taken ......ent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Pakistan, 1962. 2. The appellants who were formerly employees of the Respondent Company were retrenched by the Respondent Company in pursuance......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he evidence was of the view, that it would be unsafe to assess compensation on the basis of the kabalas produced by the owners, as they would select only those suiting their claim best. He assessed the price of the Chala land at the rate of Rs. 40,000/- per acre and t...... the given date of acquisition was of the notice under section 93A (4) (a) or gazette notification under section 93A 4(h). 3. The Deputy Commissioner of Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. T......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ne, but to all lineal descendants born or hereafter to be born. Relying upon this provision of the Act, H.R.H. Prince Ernest Augustus of Hanover who was a lineal descendant of Princes Sophia, claimed himself to be a British subject, pleading that the positive provisions of the Act coul......le 98 of the then Constitution of Pakistan by which certain notices issued by Respondent No. 2, the Assessing Officer, asking the said Companies to furnish returns in respect of their holdings for the purpose of imposition of tax under the East Pakistan Urban Immovable Property Tax Act,......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....om the same order of temporary injunction in a suit filed by the petitioners for permanent injunction. 2. The suit property is a hat known as Noapara hat and the plaintiffs claim it to be a wakf property, and that the wakf was created in 1946. Their further case is that t......Advocate-on-Record—For the Respondent No. I. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order date...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... the leading judicial authorities in the matter as there is no direct law on the subject. No doubt, some help could be obtained from section 42 of the Specific Relief Act. A legal character could be claimed and declaration obtained from Court under this section. It cannot be disputed that where a w...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... the Land Acquisition Act, since no tribunal under the Act was set up to determine the compensation. The Additional District Judge as the Court by its order dated 21.5.66 awarded for various items claimed by the owner a sum of Taka 1,17,117/74 together with 6% interest from the......C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......er which such a court acts. 38. It should, however be noticed that a dispute may arise in a proceeding under the Land Acquisition Act as to the title of a claimant to the compensation money and in such a case there may be a reference to the Land Acquisition Court, for the determinat..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
.... dated 8.8.1956 and the deed of sale of rent receiving interest dated 9.8.1956 filed in the Writ Petition that the appellant purchased the suit premises. The documents on the basis of which title was claimed were found to be genuine documents constituting a sale relating to the suit premises and as ......ord—For Respondent Nos. 3, and 1. Civil Appeal No.11 of 1976 Judgment: Ahsanuddin Chowdhury J: This appeal by Special Leave is at the instance of the plaintiff and it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a suit being Title Suit No. 157 of 1965......Rent Controller. Moreover, it has been pointed out by the learned Counsel from the evidence of the tenant that he had deposited the rent without tendering the rent personally or remitting the same by money order with a view to justifying his action in the matter of depositing rent with the Rent Cont..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment: Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio......e boy whom they had kidnapped was to keep the boy's father always in fright of the boy being murdered and there was throughout the likelihood of the boy being murdered in case the ransom money was not paid. So the accused were found guilty of the aggravated form of kidnapping and ..Category: Criminal Law | Date: | Hits: 61
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... earlier Title Suit No. 21 of 1968 over which the present suit has been filed. The appellate Court also found that defendant ought to have been given a chance to adduce evidence in support of their claim and for that matter passed the order of remand. But from the perusal of the record it appear...... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the reco......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No...... The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injuncted……..(7) ..Category: Civil Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......ril 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful auth......of 1953. He possessed the same for 12 years and thereafter executed a deed of agreement for sale on 11 December 1970 in favour of one Syeda Reba Habib for consideration of Taka 20,000.00 as earnest money before executing and registering the sale deed. The said Id Shamsuddin died on 20-2-73 leavin..Category: Property Law | Date: | Hits: 57
.... Petition No. 1862 of 1997 discharging the Rule.
2. The short fact leading to this petition is at respondent No. 2 instituted Mortgage Suit No.21 of 1990 in the Artha Rin Adalat No. 1, Chittagong claiming an amount of Taka 89,94,800.22 only against the petitioner and proforma respondent Nos. 4 t......
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Ro......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
..
Category: Civil Law | Date: | Hits: 109
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......;For the Petitioner. Md. Nawab Ali, Advocate-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 394 of 1996 (From the Judgment and order dated 31-01-1......nbsp; Nur Mohammad categorically denied of having transferred any shares to respondent No. 2 Abu Taher. Nur Mohammad respondent in his affidavit-in-reply had denied the receipt of any consideration money for his alleged transfer as he never agreed to transfer the shares. The Company Judge found ..Category: Business or Commercial Law | Date: | Hits: 97
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....Shilpa Rin Sangstha for all past loans of the company. The respondent No. 2 declared that he would continue to act as Managing Director till the legal formalities had been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appoint...... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing t......d office for at least 5 years. Article 146 provides for the powers of the Managing Director which include opening of bank account or accounts and to operate. The article also provides power to bon money from the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appear..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....il Procedure, 1908 (V of 1908), Order VI rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. ...... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....he truck loaded with Indian Sharis and seized the same. Thereafter customs departmental proceeding was started. 4. It was the further case of the writ petitioner that he lodged claim to the said seized goods before the Commissioner of Customs on 9-12-99, but the Commissioner ...... Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of confiscating the goods in the absence of the show-cause notice under the section......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ...... The Foreign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……………&......sp; Bimalendu Bikash Roy Choudhury J.- The petitioner proprietor of Jeni Money Exchange Company was a licensee as money changer under section 3 of the Foreign Exchange Regulation Act from the Bangladesh Bank initi..Category: Business or Commercial Law | Date: | Hits: 83
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