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Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....t Division misdirected himself in reversing these findings of fact reached by the trial Court on legal evidence in holding that the appellant did not utter a word in his evidence in support of his claim of bonafide requirement. 11. It is for the appellant to decide which pre...... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required b...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h......ersons after assaulting Nizam allowed him to go. They assaulted Ripon and took away his gold chain which was on his neck. Then they demanded Taka 10,000.00 from Ripon and on his refusal to pay the money accused Nantu brought accused Shamim from ‘Shawan Studio’ and two of the accused ..Category: Criminal Law | Date: | Hits: 72
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... modifications and one of such modifications is that a stranger to the contract may be made a defendant where he is in actual possession of the property and might be affected by part of the relief claimed in the suit. 7. High Court Division considered the aforesaid decis......; April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to de......2-1-1977 defendant Nos. 1 and 2 entered into an agreement for sale of the suit property to plaintiff Khalilur Rahman at a consideration of Taka 75,000 and received the sum of Taka 5,000 as earnest money on execution of deed of agreement for sale. Defendant Nos.1 and 2 having failed to execute an..Category: Property Law | Date: | Hits: 64
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....rsquo; of their grievance, in any respect, that the Corporation as per Regulation 15 of the Regulations maintains separate seniority list of different trade/cadres and, as such, petitioners’ claim of combined seniority list of 3 trades viz. Mechanic, Electrician and Bench Fitting, is not s......orporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to maintain separate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non-existent ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....lause 18 of this settlement the petitioner passed administrative order on 1-7-1986 keeping existing calculation for overtime by operation of clause (c) of the agreement dated 26-2-1986 and that the claim of overtime allowance at the rate double the rate of ordinary wages in excess of 38½ h...... For the Respondents (In both the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This application for review of the judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....t). Swapan Kumar Chose and Gouranga Chose and their mother, Shusila Bala Chose. On 9.10.1990 Haripada Ghose and Kanai Chose filed an application for probate under section 276 of the Succession Act claiming that Dayal Chose had executed a Will on 2.5.1977, which was his last will bequeathing all ......t Appeal No. 802 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing f...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......n the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Ch....... The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered kabala dated 12.6.45 and that her husband purchased the same land by a regist..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....mined several witnesses to prove that voting was not affected by the said change. The High Court Division held that it was incumbent upon the petitioner to examine some witnesses to corroborate his claim that the result of the election was materially affected by the change. The High Court Divisio......AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner. Not Represented ‑ Respondents. Civil Petition for leave to Appeal No.121 of 1995. (From the Judgment and Order dated 27.11.94 passed by th......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Special Reference No. 1 of 1995, 24 CLC (AD)
....o autocratic rule, at last met with success and a general election was held on 27th February, 1991 under the Government headed by the acting President Mr. Justice Shahabuddin Ahmed which was widely acclaimed both at home and abroad as free and fair; B. And Whereas the Bangladesh Nationalist Part......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....n Monoranjan Banerjec who got the entire suit plot by amicable partition. He died leaving sons defendants No. 2‑5 who sold the suit land to defendant No.12 on 27.3.1974. He (defendant No. 12) claimed possession in the suit land denying the case of both the plaintiff and defendant No. 7. ......irected against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....the plaintiff informed of the occurrence to the appellant by a letter dated 13.10.90 and requested the appellant to survey the damages and pay the compensation. On 14.10.90 the appellant sent some claim forms which the plaintiff duly filled in and deposited to the appellant on 25.10.90. Officers......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....hat the said Rules of 1983 was repealed with the withdrawal of Martial Law on 10 November, 1986. 12. In 1982 the Martial Law was imposed on the country with a bang and a much‑heralded claim that the armed forces of the country should have a participatory role and a share in the admi...... On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ce of contract impleading the Government as defendant No.2. 5. The Government contested the suit by filing a written statement contending that the suit property is an abandoned property and claiming possession thereof. The suit was ultimately transferred to the Additional Court of Munsif.......w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ...... proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 1......l particulars and yet the learned Judges gratuitously held so. It was also not the case of the respondent that the order of discharge was bad because the charge did not indicate any definite sum of money which he was alleged to have misappropriated. These are extraneous matters and should not ha..Category: Employment/Service Law | Date: | Hits: 134
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... of undue advantage taken by the plaintiff". Appellant (PW 1) is the only witness to say that in 1977 the normal price of the house would have been Taka 30 lakh. He could not substantiate his claim by evidence of any other witness or by producing any document. No registered saledeeds of the......vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum......se in future and for that purpose Asgar Hossain provided him the necessary fund with which he actually purchased a small house in Fatullah at a consideration of Taka 1.2 lakh. As security for this money, the appellant said, he purchased a stamp‑paper of Taka 1.50, put his signature thereon..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
.... decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Titl......o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ......er 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)
....p; 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. ......ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......s from the market. Again, not only that the Muslim Jurists have gone to the extent of disapproving sale of fruit at the time when it is not ripe; there are also some schools which consider even lease money to be forbidden. So far as the usufructuary mortgages are concerned, the Muslim Law position i..Category: Property Law | Date: | Hits: 146
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....nd unless the dues are paid the vessel would not proceed to take berth in Mongla Port. It is the plaintiff’s case that it is the holder of clean bills of lading and the defendants can neither claim lien on the cargo nor refuse to deliver the cargo to the plaintiff. It prayed for a decree of...... Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Not represented‑Respondent Nos. 2‑11 Civil Petition for Leave to Appeal No. 675 of 1994 (From the Judgment and Order dated 5.9.94 passed by the ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... had any interest in any portion of the acquired land, after the order of acquisition, this land vested in the Government and the appellant is only entitled to receive compensation thereof and cannot claim any other interest therein. 16. The appellant filed separate affidavits-in‑reply and a......roject, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1......s No. 1 and 2 filed separate affidavits‑ in‑opposition but taking similar lines. They denied the allegations of the appellant. They have also challenged the allegation that by huge expenditure of money the appellant developed the aforesaid area for setting up the alleged housing project. The con..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....low and refused to interfere with the orders of the appellate Court below and discharged the Rules in the two revision cases. 9. At no stage of the proceeding the defendant‑appellants claimed that they came to know of the Court's order of status quo only on 27.10.90 and that therea......Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
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