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Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....equent thereto the appellant and others executed certain hypothecation bonds and other documents making good the entire value of the goods. Thereafter the bank did not proceed with the case as the claim of the bank was settled. In dealing with such an agreement, their Lordships of the Supreme Co......lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7....... On the contrary, the defendants averred and proved that the matter of inflicting injuries on the person of defendant No. 1 was compromised between the parties and the documents were executed and money was paid in consideration of the injuries, assault and insult done to defendant No.1. As such..Category: Property Law | Date: | Hits: 72
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....n the defendant refused to release the disputed property from the list of abandoned property. Thus the decision of the civil Courts with regard to the nature of the property and also the plaintiffs claim thereto is not only binding upon the present petitioner but also upon the Court of Settlement......tioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by th......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Crimin......93 addressed to him by Mr. SM Maniam Hossain, another General Manager asking him to explain the administrative lapses with regard to a dismissed employee who had decamped with the Sangstha’s money. The sum and substance of the Memo. dated. 24.6.93 is that various other departmental files o..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ion between the plaintiffs and the Bank it was agreed between the parties that the industry would be restored to the plaintiffs on payment of Taka 1,54,12,000.00 in full and final settlement of all claims of the Bank. Accordingly, the plaintiffs submitted two cheques namely, (1) No. 4521827 date...... Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....d if the pension scheme be introduced and given retrospective effect then even if the gratuity be taken it could be returned or adjusted. 5. On 22 October, 1989 the appellant reiterated his claim for pension. He stated that in the last week before his retirement he made a courtesy the cal......87, the Appellant retired as Senior Principal Officer of the Bangladesh Krishi Bank after completing 29 years service. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Regulations, 1961 was in force and there was no provision for any pension ......orce and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees of nationalised and other money-lending organisations. The scheme was introduced in the Sonali Bank in 1981 and in the Bangla..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....r Judge, he submits, referred to Article 52 which has no reliance with the submissions made by him. The learned Third Judge rejected the petitioner’s contention that the summary mentioned above can claim the protection of Article 58(2). but the reasonings given by the learned Third Judge are extre......structed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High C......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......¦â€¦â€¦â€¦Respondents Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 1991. (From the J......2(8) (b) of the Ordinance runs as follows: “2……………………….. ………………………….. (8) ‘Wages’ means all remuneration capable of being expressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfilled, be p..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....994 stated in his writ petition that at about 3-00 AM on 1710.1993 he had left Chittagong for Cox’s Bazar where his father was serving and residing. He stayed there upto 21.10.1993 and, as such, he claimed that there was no question of his involvement in the alleged incident. 10. In the affida......3 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... and Articles of BTL. 6. HBTL, the joint venture company, was not made a party to the writ petition. It added itself as respondent No.3 by an application. HBTL filed an affidavit-in-opposition and claimed all investments made in installing the cellular radio telephone system to be its own. After ...... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....whether the learned Judge of the High Court Division was justified in dismissing the suit in revision upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the......ivil Revision No. 66 of 1988 (Sylhet). Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan Law. The only question for consideration in this appeal is wh......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....and to proceed with the case filed in the Court of Settlement. 5. In the writ petition they stated that they filed a series of documents in the Court of Settlement in support of their claim to the disputed house and further produced 6(six) witnesses to prove that they were the Sons ......he house in June 1974, the respondents shifted to their present address and had been living there since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her but without any...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....id title suit No. 69 of 1981, the auction- purchaser filed title suit No. 339 of 1981 on 11.7.81 in the 3rd Court of Subordinate Judge. Dhaka narrating substantially what has been stated above and claiming further that the suit property was never declared as an abandoned property and never veste......mmercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against......as a Bangalee and was present in Bangladesh, he may not have occupied, managed or supervised the suit property in person for many reasons, but there is no earthly reason why he did not contest the money suit filed by Rupali Bank, why he did not resist the auction sale of his valuable suit proper..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'Chha1 'Ja' and 'Jha'. The plaintiff claimed 5 annas 6 gandas 2 karas 2 krants share in schedule "Ka' Kha' 'Ga' 'Chhha' and 'Ja' as......decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka' Kha' 'Ga' 'Gha' 'Uma' Cha' 'C......did not bear his name. His further case is that the properties mentioned in schedule 'Gha', 'Uma' and 'Cha' belong to him and defendant No. 1 in equal share, as they both advanced the consideration money. The kabala in respect of 'Gha' schedule was in the name of defendant and plaintiff, whereas..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....s on 24.6.64. 3. The Court read the accusation and explained the same to the accused under section 242 of the Code of Criminal Procedure, but both the accused persons pleaded not guilty and claimed to be tried. 4. The prosecution examined 12 witnesses and the defence examined none.......ry day, namely, 29.2.64, at about 6 PM the trap party arrived at Tongi where they found Omar Ali on their advice to make the payment to the accused when demanded. It alleged that Omar Ali searched for the accused Taru Mian but could not find him. He of course found the accused Abdul Gani sitting...... Constable Abdus Subhan, caught him with the amount in his hand and the other two Officers, MA Rashed and Mujibar Rahman also rushed to the spot and charged the accused Abdul Gani of accepting the money as bribe. The said Officers disclosed their identity, recovered the GC notes from the accused..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......eme Court High Court Division Criminal Revisional Jurisdiction Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- ......barga. He left behind his landed property and a sum of Rs. 1500.00 After the death of Iman. Parashullah Fakir purchased land from PW 10 Golam Mostafa, PW 4 Sushanta Kumar Sarkar and others with the money left by Iman. Parashullah Fakir gave money to Afsar to purchase land in the name of Dulal Fa..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaiming all interests in the said land was filed by the said two accused persons although defendan......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the sched......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....e as follows: "(I) Whether the provisions of Section 30 of the Bengal Agricultural Income Tax, Act, 1944 as adopted in East Pakistan are applicable to a Daya Bhaga Hindu Family claiming separate assessment after partition and separation. (II) Whether in the facts a......ssion and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hindu undivided family has ceased to exist, as such, and can claim for separate assessment of Agricultural Income under section 30 of the Act." 2. T......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....entioned in schedule No.4 of the plaint. The defendant previously started construction of a building for his residence but could not complete the same as the plaintiff being envious raised a false claim. His further case as regards plots No. 4, 6, and 7 mentioned in schedule 2 was that they were...... appeal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Moh......Idris Ali. The hut No. 2 as shown in the 4th schedule was the hut occupied by the plaintiff. As the house was congested, the plaintiff had purchased a plot of Chara land near the homestead with the money given by his father-in-law and he constructed his house thereon at his own cost but he nevert..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....r, Khulna, 22.12.1967." 7. A reading of this report also shows that the allegations against the petitioner were made at the back of the petitioner. It is not claimed on behalf of the respondents that any notice or any opportunity was given to the petitioner......know that the Deputy Commissioner, Khulna by letter dated 22.1.67 directed the Sub-Divisional Officer, Satkhira to initiate proceeding against him under Article 25(3) of the Basic Democracies Order for removing him as Chairman of the said union council on the allegation that he falsely identifie......said union council on the allegation that he falsely identified certain person as sole heirs of some deceased persons although they had other co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the controlling authority, requested the res..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ether with the requisite compensation. 4. The co-applicants case was that they were equal co-sharer's by right of purchase on the basis of the same kabala under which the original applicant claimed her locus standi to pre-empt the lands in question. They also alleged that they were not se......nbsp; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria wi......er stated that she was a bonafide cultivator and if the prayer for pre-emption was allowed her total land would not exceed the statutory limit. She deposited the entire amount of the consideration money together with the requisite compensation. 4. The co-applicants case was that they were..Category: Property Law | Date: | Hits: 47
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