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Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A further declaration was sought to the effect that the registered Heba-bil-Ewaj executed by defendant No. 1 in favour of her husband, defendant No. 2, was...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......lip;… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bilas Kunwar vs. Desraj Ranjit Singh (1915) LR 42 IA 202;Imambandi Begum vs. Kumleshwari Pe..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reco......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......gistered kabalas attended with unregistered agreement so that the transaction would not be considered as complete usufructuary mortgage. This court in the case of Bangladesh vs. Abdul Gani, 32 DLR (AD) 233 pointed out with reference to the background of the legislation that the underlying object..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....ng the allegations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......any reason. It cannot be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....he case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......the pendency of the said writ petition Martial Law was promulgated twice and by order dated 29 August 1990 “the- Rule stood discharged as abated” following the case reported in 35 DLR (AD) 1. 5. The appellant while in peaceful possessing of the disputed land received an orde..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... 5. Among other operative orders recorded in the impugned judgment it has been ordered, which is found to be quite unusual, that “accordingly we make him (appellant) unseated from the post of the Chairman of the said Union Parishad.” It was not required to make that kind of an......rdingly, allowed without any order as to cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......d that as the respondent was convicted on a criminal offence, no show cause was necessary in his case. Thereafter he was removed from service by order dated 25-9-78. Although the respondent’s post was upgraded to a Class I post since 1-7-73, he and other officers of his rank are governed r......;……Respondent Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....1972. 23. As to the locus standi of the petitioner-appellant it was stated that the appellant is the Secretary-General of Bangladesh Environmental Lawyers Association, shortly BELA, an association registered under the Societies Registration Act, 1860. He has been authorised by a resolution of the......to procedure as well, treating even a letter as a writ petition. The growth has been a continuous process in which induction of special enquiry by the Cot fact-finding commissions, schematic remedies post-decision monitoring came to be used implementation tools. 36. Sri Lanka found difficulty in ......, LJ in Ex Parte Sidebothani (1880) 14 Ch. D. 45X; Lord Esher, MR in Re Reed Bowen and Co. (1887) 19 QBD 174; Durayappah vs. Fernando, (1967) 2 AC 337; Giasuddin Bhuiyan vs. Bangladesh, 1(198 1) BCR (AD) 81; RS Secretary of State for the Environment, ex parte Rose Theatre Trust Co (QBD) [990] 1 All ..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....ow erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contravention of the provisions of section 107 of the Transfer of Property Act as the same was not registered as required. 3. The deed of lease can be taken as a collateral evidence o......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......hin the family of the plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....He again denied the charge in writing and participated in the enquiry proceeding. The enquiry officer found him guilty of the charge. Accordingly, second show cause notice was issued on 17-7-86 by registered post. On consideration of the evidence and other materials on record the concerned autho......nied the charge in writing and participated in the enquiry proceeding. The enquiry officer found him guilty of the charge. Accordingly, second show cause notice was issued on 17-7-86 by registered post. On consideration of the evidence and other materials on record the concerned authority dismis......ts. The impugned judgment of the Administrative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
.... Petition for leave to appeal Nos. 183 and 184 of 1998. 2. Leave to appeal is sought, the principal ground being one that defendant No.3 having acquired title to the suit lands by a registered deed of sale from its, owner and the plaintiff having merely instituted the suits for sp......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ...... not make out any such case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... Officer, Certificate Officer, Comilla sent notices under section 10A of the Act upon respondent No.1. As per section 10A(1) of the Act notice was served upon certificate debtor-respondent No.1 by registered post with acknowledgment due requiring the Certificate debtor to deposit with the Certif......ertificate Officer, Comilla sent notices under section 10A of the Act upon respondent No.1. As per section 10A(1) of the Act notice was served upon certificate debtor-respondent No.1 by registered post with acknowledgment due requiring the Certificate debtor to deposit with the Certificate Offic......e of the view that the judgment of the High Court Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....ামতে আমলে লওয়া গেল। আসামীদের বিরুদ্ধে ডব্লিউ/এ দেয়া হউক।”
3. The aforesaid CR cases were accordingly registered. In the reports made to the CMM, it was alleged, inter alia, that the accused companies a......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......Judge was misconceived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....e Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case are that, the appellant is a private limited company registered under the Companies Act, 1913 and established by the Bangladesh Petroleum Corporation, ......CT also noticed that the agreement between the BPC and the appellant as required under the aforesaid decision was executed long after on 25-10-82 which was beyond the accounting year and that such post-dated agreement can have no validity in the eye of law as it was not even executed during the ......; Tata Iron & Steel Co Ltd. vs. NC Upadhaya 96 ITR 1; Navaitlal C Javin vs. KK Sen App Comm 56 ITR 198; Dhaka Vegetable Oil Industries Ltd. vs. Commissioner of Taxes, Dhaka (North) Zone, 2 MLR (AD) 41=49 DLR (AD) 136; Commissioner of Income Tax. Kerala vs. Tranvancore Sugars and Chemicals Lt..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ount for the land in question, the Unnayan Parishad faced difficulties in implementing the project. The plaintiffs sent several reminders to the defendants for getting a deed of lease executed and registered by them but to no avail. Hence the suit. 3. The appellant contested the s......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ...... the appeal is allowed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....aint alleging, inter alia, that although the plaintiffs had transferred 4.50 acres of land in favour of defendant Nos. 46-47 and 1.05 acres of land in favour of defendant No. 45, total 5.55 acres, by registered kabalas dated 14-2-81 being misguided by defendant Nos. 21 and 24, the plaintiffs did not...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ...... allowed and the High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
.... a complaint that one year after the death of Sabirul Hossain Akanda Chowdhury the accused-petitioner disclosed that Sabirul Hossain Akanda Chowdhury had gifted his entire property by executing two registered deeds of heba-bil-ewaz on 4-10-80 in favour of the accused-petitioner and his wife Hami......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......f requisite evidence. The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... the house of the deceased with a cameraman and thereafter an FIR was lodged with the police at 6-15 PM, Police made inquest on the dead body of deceased Hyder Ali, sent the same to the morgue for post-mortem examination, seized alamats from the place of occurrence and after investigation submit...... impugned judgment and order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....rding to English calendar. He defaulted in payment of rent since March, 1986. The suit premise is required for his personal use and occupation for providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated ......ondents Judgment March 9, 1997. The General Clauses Act, 1897 (X of 1897) Section 27 Premises Rent Control Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal......lated clause 4 of the tenancy agreement and thereby made him liable to be evicted from the suit premises…………(16 & 17) Cases Referred to- Abdus Satter vs. Suresh Das 32 DLR (AD) 170. Haque Brothers Ltd vs. Gulfam Begum in CP No. 314 of 1993(Unreported) , Haque Brother Ltd. ..Category: Tenancy Law | Date: | Hits: 93
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
...., the appellant was charged under sections 465/467/471 of the Penal Code with the allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registered at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Ra......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......riod already undergone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....mation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nimai Chand took lease of the said land from Pagal Rishi by means of a registered parts dated 13 February 1952. On the death of Nimai Chand the plaintiff who happens to b......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......its findings of facts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
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