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....ction 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order dated 19.3...... Abu Bakr Siddique relied upon an observation in the in the case of MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD) made by the Appellate Division that alternative remedy is no bar to Writ of certiorari. This is true, but which Mr. Siddique wants me to apply in this case has n..
Category: Property Law | Date: | Hits: 95
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....ette, the election petition was filed on 22.6.85 within 30 days from the gazette notification dated 24.5.85 but the application for amendment was filed long after the statutory period on 4.6.86 which completely changed the nature and character of the election dispute arid the relief prayed for and a......t January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribunal, 1981 BLD 298; Management Board, A.R. Howlader Jute Mills Ltd. Vs. ..Category: Election Law | Date: | Hits: 252
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....ly judge. 9. The defendant No.1 having felt aggrieved by the aforesaid adjudication, carried an appeal to the Court of District Judge but without any success. The learned Family Appellate Judge in complete agreement with the views and decisions recorded by the learned Family Judge, dismissed the ...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ndants could not show or make out any case that the agreement in question is vitiated by fraud, undue influence, misrepresentation, etc. is beside the point in the face of the defendants' case of complete denial of the alleged oral contract. The observation is just an idle talk. 40. The learn......d? 3. Is there any privity of contract between the Plaintiffs and the defendants? 4. Is the agreement, if any, enforceable in law? 5. Is the suit bad for defect of parties? 6. Is the suit barred by limitation? 7. Are the plaintiffs guilty of laches? 8. Are the plaintiffs entitled t..Category: Business or Commercial Law | Date: | Hits: 349
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....t and secondly a duty is cast upon the arbitrator to initiate the arbitration proceeding within the time as agreed upon or in the absence of any provisions to the contrary the arbitration must be completed within four months as per Article of the first schedule to the Act and in the instant case......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
.....154 of 1981-82 again for cancelling the said settlement of the suit land made to the plaintiffs on the allegation that at the time of their previous objection the settlement to the plaintiff was not complete and, as such, the objection cases they had filed earlier were premature. As to the illegali......istered. According to him, compliance of section 81(b) of State Acquisition and Tenancy Act is there. Mr. Momtazuddin also submits that, a declaration of title as prayed for by the plaintiff is not a bar because of section 76(2) of the State Acquisition and Tenancy Act. 16. In this backdrop, I am..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....rection of a bonafide mistake and nothing new has been done by this notification. 8. By a supplementary affidavit-in-opposition on behalf of the respondent No.1 filed for further clarification for complete adjudication of the matter and stated therein that after requisition and payment of compens......o.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar Bibi in equal share. The said Khatian is annexed to the petition as Annexure-A. Nazar ..Category: Property Law | Date: | Hits: 156
....the plaintiff to sell the suit property, the consideration being fixed at Taka 12,00,000.00 and the agreement was executed on 30-7-79 when taka one lac was paid as earnest money and it was decided to complete the sale transaction on or before 31st December, 1979, but the defendant having suffered a ......he Government, a necessary party in the suit for specific performance of contract, was not made a party within the period of limitation and, as such, the suit is liable to be dismissed because of the bar of limitation. The other point is that, specific performance of contract being an equitable reli..
Category: Property Law | Date: | Hits: 120
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
.... jurisdiction in entertaining the application of respondent No.4 dated 17.7.88. Consequently the order dated 18.8.88 (Annexure I) passed by the Commission and all steps taken thereunder suffer from complete lack of jurisdiction. Mr. Ahmed calls in aid the decision of the Appellate Division in Ci......dly took oath of office. Mr. Khan has also submitted that the petitioner participated in the re-poll while he held himself out as the newly-elected Chairman and therefore his present application is barred by the principles of estoppel, waiver and acquiescence. 25. We have given our anxious th..Category: Election Law | Date: | Hits: 216
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....ied, by or on behalf of the donee, and (3) delivery of possession of the subject of the gift by the donor to the donee as mentioned in sec. 150. If these conditions are complied with, the gift is complete." 11. From the language of the aforesaid section it is clear that acceptance of gift may......iff and defendant Nos.1-16 are the heirs of late Abdur Rahman Sikder who was a sunni muslim. The plaintiff and defendant Nos.1-16 were all living with Abdur Rahman Sikder in his homestead at Fakirbari, Barisal town. Abdur Rahman Sikder died on 18.12.67 and before his death he was suffering from ..Category: Property Law | Date: | Hits: 152
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....uddenly attacked Intaz member in the shop of Joynal Miah and killed him by giving blows by dao and went away towards the south. Police started investigation into the case. As the police was unable to complete the investigation within the period of 60 days plus extended period of 30 days as conte......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....to an injunction unless it was proved that violation of law had occasioned damages which would not otherwise be redressed." I am in respectful agreement with observations as above which are in complete accord with the view I have taken hereinbefore. 15. As to the question of specific damag......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
.... house. So, in this circumstances the simple question is whether the charge as framed under section 4 of the Anti‑Terrorism Act can be levelled against the accused petitioner as the offence was not complete rather an attempt was made. As Anti-Terrorism Act is a special law, according to Mr. Malek,......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....le from its legal owner. At the request of the said Anglo‑Med, repairs on the ship were being carried out by the Medway Drydock & Engineering Co. Ltd. (Medway), the plaintiff, but before it was completed Anglo‑Med repudiated the contract. As such, the said Medway, the repairers, brought this......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....ewaj, as distinguished from a heba or simple gift, is a gift for a consideration. It is in reality a sale, and has also the incidents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property ca......onees. 15. So the decision of 21 DLR 626, as referred above, is not applicable in the present case in view of the facts and circumstances of this case. 16. Courts below found the suit not barred by limitation. Finding of the trial Court that the plaintiff is not in possession has been re..Category: Property Law | Date: | Hits: 103
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....ve explained that considering the interest of the Government the tender of the petitioner was cancelled. The respondents did not execute any lease deed with the petitioner and so the contract was not complete. So no right has accrued in favour of the petitioner. The tender was cancelled as directed ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....ic distress. The contention of Mr. Abdul Gafur is absolutely of no substance as it could not be argued by him that simply by finalising the talks and paying the consideration the transfer was legally complete before the registration of the Kabala. 5. The second point raised on behalf of the pe......l Gafur has referred to section 6 of the Land Reforms Ordinance 1984 (Ordinance No. XX of 1984) promulgated on 26.1.84 and put into effect on 14.4.84 and argued that this section provides for a clear bar exempting the homestead from legal process and protecting the owner from being evicted therefrom..Category: Property Law | Date: | Hits: 110
....mly of the opinion that the Administrative Tribunals Act, 1980 ought to be interpreted in such a manner that consistent with the constitutional provision and legislative intent it may provide for a complete and self-sufficient remedy to the affected parties.
25. For the above reasons we do not ...... Constitution uses the word "Court" to mean "any Court of law including Supreme Court." (Article 152(1). The plain meaning of Sub-article (2) of Article 117 is that this Court is constitutionally debarred from exercising any jurisdiction over any matter covered by the jurisdiction of administrat..
Category: Administrative Law | Date: | Hits: 445
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... law can be raised even in the Court of last resort even though not raised before. Moreover the following observation of their Lordships in Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99 is complete answer to the contention of Mr. Mokbul Ahmed "The defendant Port Trust is not even required......ant Nos.1 and 2. Against that decree the defendant No.3 filed this second appeal. 5. Mr. Fazlul Karim argues that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant No.3 the Trustee of the Port of Chittagong and the lower appellate Cour..Category: Business or Commercial Law | Date: | Hits: 397
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....ion in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking for fresh polls in respect of the present disputed centres as well. He fai......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
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