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Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....the petitioner and Mr. Fida M. Kamal, the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....a, had the decree passed in the suit filed at Rangpur would have affected the property of the appellant within the jurisdiction of Court at Dhaka and the decree was put into execution at Dhaka. The undisputed position is that decree passed in the Artha Rin Adalat case filed by the Respondent No.2 di......he judgment-debtor is to file the suit seeking setting aside the decree passed in the previous suit in the jurisdiction of the Court which passed the decree. The proposition of law as stated above is holding the field from long back, at least from 1902. The suit by the appellant having not been file..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... by practicing fraud and by suppressing fact in collusion with some dishonest officers and staffs of ministry of Works managed to get his tender accepted; that he kept no stone unturned to grab the disputed holding i.e holding No. 68 Motijheel C/A, Dhaka most illegally, that on 25-6-1992 plainti...... 1992 in the Court of Assistant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and v..Category: Property Law | Date: | Hits: 54
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......bsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Co..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... the settler, one Asha Begum, a pardanashin lady and the defendants in the suit were the lady's husband and her nearest agnate and some tenants of the property. It was observed that it is, however, undisputed that in a case of disposition of property by a pardanashin lady, the onus cast on the per......affixed her thumb impression without obtaining independent advice. After review of the evidence, the Privy Council reversed the opinion of the Chief Court of Oudh and restored that of the trial Court holding that the deed was a valid one, and in so doing it was held that there was no doubt that the ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......VI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from ..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge, Barisal and the learned Additional Sessions Judge rejected the petition by holding that the process against an accused is to be issued by the Magistrate who was taking cogniza..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......d 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable cons..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......order dismissing an application under Order, 9 rule 13 of the Code for restoring a proceeding under section, 26F of the Bengal Tenancy Act which had been disposed of ex parte. The reason given for so holding is that an order dismissing an application under section 26F of the B.T. Act is not a decr..Category: Property Law | Date: | Hits: 55
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ated in the context of the facts of those cases. The writ petition in one was dismissed earlier on the ground that the determination of the dispute whether the property was abandoned property was a disputed question of fact and could not be resolved by the affidavits of the parties, and, in the ot......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ort and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 67 of 1972 against the appellant. The Screening Board recommended withholding of three increments of the appellant but the appointing authority passed the impugned order ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....as not accepted by the High Court Division. He has, however, reiterated the point but before entering into the merits of his argument, we propose to deal with the question as it stands on the undisputed facts on record. The point touches upon International Law, since three foreign fishing traw......ication issued under the Territorial Waters and Maritime Zones Act are not different as Mr. Asrarul Hossain wants to contend. The learned Judges of the High Court Division were perfectly justified in holding that they are synonymous; we would rather prefer to use the expression, co-terminus. There..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....on of the High Court Division the Income Tax Commissioner prayed for and obtained special leave to appeal against this decision. 3. Facts as to the terms of the wakf-deed as stated above are not disputed. Under the wakf deed the property has been held wholly for religious or charitable purposes......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......ficer defeating his nearest rival Afzal Khan by a merging of 61 votes. 3. The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......d, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegality or material irregularity i..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......sion under section 438 of the Code for quashing the proceeding on the ground that the subsequent prosecution is barred under Section 403 of the Code but the High Court Division rejected the reference holding that the subsequent prosecution is on a separate and distinct offence within the meaning of ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... to consider two questions, one of which has already been set out at the very beginning. Both the questions may be set out as follows: 1. Whether the High Court Division was well founded in law in holding that a monthly tenancy under the Transfer of Property Act is heritable. 2. Whether upon a..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......e respondents for allowing overtime allowance for 4 hours per week for working 48 hours was rejected. 5. The learned Judges of the High Court Division summarily rejected the said Writ petition holding concurrently that the Security Guards being in the category of Sweeper and Mali and having b..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ...... leave allowances to the respondent No. 2 for 634 days. Being aggrieved the petitioner moved the High Court Division under Article 102 of the Constitution which summarily rejected the application upholding the views of the Labour Court both on merits and on the question of maintainability of the..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further provided that in the event of the total extinction of the lineal descenda......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
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