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Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....ise its jurisdiction to review the order dated 8.8.85 in Miscellaneous Case No.32 of 1983 for pre‑emption and has thus committed an error of law and procedure in its decision occasioning failure of justice in not allowing the review petition. Accordingly, the order dated 20.3.86 passed by Munsif (......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......tate Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 decimals which is a part of total area of 0.34 decimals after depositing the consideration money. 3. The opposite party conte......contested the case by filing written objection. When the case came up for hearing the petitioner prayed for time and such prayer for time was allowed with a cost of Taka 200.00. The petitioner or his lawyer did not know about the cost and as such the cost of Taka 200.00 could not be deposited. When ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......laneous Appeal No.125 of 1983 reversing the Judgment and order dated 20.3.83 passed by the Assistant Judge (Munsif) 1st Court, Chittagong in Pre‑emption Case No.608 of 1979. 2. Facts giving rise to this Rule may briefly be put thus: Opposite party No.1 pre-emptor petitioner filed the pre‑e......ty No.1 is a co‑sharer by inheritance, whereas the transferee opposite party is a stranger purchaser. No notice of the transfer was ever served on pre‑emptee petitioner. There is no impediment of law if any petitioner is allowed to pre‑empt the land as the quantum of land under his possession ..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....ble in law and the same is liable to be set aside as in allowing the prayer for amendment he has committed an error of law resulting in an error in his decision and the same has occasioned failure of justice. 11. However, as the learned Subordinate Judge has not disposed of the application for am......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......inancing purchase and export of fish and that the export bills were issued with the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and th...... the learned Advocate for the petitioners is of substance. In this view of the matter I am of the opinion that the order of the learned Subordinate Judge, allowing the amendment is not sustainable in law and the same is liable to be set aside as in allowing the prayer for amendment he has committed ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......his Court. We hold that the transaction is out and out a sale and section 95A of the State Acquisition and Tenancy Act has no manner of application in the present case before us.
10. The Rule is, accordingly, made absolute without any order as to costs.
The impugned order passed by the Upazil......……………………………..Petitioners
VS.
Upazila Revenue Officer, Patiya, Chittagong & others………………………Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar ......dent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....it‑in‑opposition that till the present time no consultation with the Supreme Court by the government in case of promotion of District Judges to the post of Joint Secretary in the Ministry of Law, justice and Parliamentary Affairs, took place. As such, by omitting to consult with the Supreme Cour......dra Kumar Roy also filed an application for voluntary retirement and in that view of the matter, the petitioner claims himself to be the senior most officer in the Bangladesh Civil Service (Judicial) according to the gradation list. It is asserted that the petitioner also rendered meritorious and sa......presented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 ......have been made in consultation with the Supreme Court, the respondents completely ignored this mandatory constitutional provision and thereby acted ultra vires the Constitution and absolutely without lawful authority. It is also asserted that by acting in contravention of a mandatory provision of th..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......wyers involved:
Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Appellant.
A.W. Bhuiyan, Additional Attorney-General instructed by A.W Malik, Advocate-on-Record - For the Respondent Nos. 2 & 3.
R......tificate can be judged by the provision of sub-section (4B) which is quoted below:
"(4B) Notwithstanding anything contained in sub-section (4) and (4A) or in sections 39, 43 and 44 or in any other law for the time-being in force, the land held under a certificate granted under sub-section (4) or ..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......e No. 40 dated 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to......pondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Se......esaid First Miscellaneous Appeal in the High Court Division which upheld the decision of the trial court. It was ordered that the suit filed by the plaintiff-respondent may proceed in accordance with law and be disposed of expeditiously. 4. In moving this Court against the order of the High Court..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... under section 34A of the Act. The High Court Division did not answer the reference correctly. For the aforesaid reasons the judgment of the High Court Division is set aside. The question is answered accordingly as indicated above. In the result, the appeal is allowed without any order as to cos......tion under section 66(1) of the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from......lant preferred a Reference application under section 66(1) of the Income Tax Act, 1922, before the High Court Division, being Reference Application No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circumstances of ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ....... 2. This question has arisen in a pre-emption, namely Miscellaneous Case No. 306 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-deed dated 25 Jul......on this finding, set aside the order of the learned Munsif and allowed pre-emption observing that when both the pre-emptor and pre-emptees are co-sharers by purchase preemption is not barred by any law. The pre-emptees challenged this order of the learned Subordinate Judge by a revisional applicat..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....e lawyers of the parties,” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error observance of non-observance of the principle of justice. This was an error apparent on the face of the record. The learned Munsif acted illegally an...... notice about the final decree. Order 26, rules 13 to 18 are relevant for the purpose of disposal of this appeal. Rule 13 enables the Court to issue a commission ‘to make partition or separation according to rights as declared in preliminary decree’. Then follows rule 14(2) which stipulates ......partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaintiffs submitted an application for appointment of a pleader commissioner to draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by ...... the learned Munsif No.29 dated 27.5.1975 fixed the date on 6.6.1975 for final objection to the commissioner's report "it does not appear from the original order-sheet that his order was shown to the lawyers of the parties,” and observed: "In such circumstances the Court’s order dated 6.6.197..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......in clause (g) of the Proclamation, he submitted that their continuity has been expressly ensured. Judgments produced by the High Court Division or the Appellate Division before the 24th March, 1982 according to him, being such legal instruments, they also continued with full force, as provided in ......………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civil Petition No. 9 of 1981) And Mofizur ......ition of collapse, the civil administration has become unable to effectively function, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquill..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... turnover was allowed under section 16(2). It, however, transpired that sales of Til oil and Linseed oil had escaped assessment in the original assessment made on 31-12-58. This mistake, first, which according to the Sales Tax Officer was apparent from the records and a letter was issued on 25th A...... in Reference Case No.28 of 1969). Judgment KM Subhan J.- This appeal by the assessee by special leave arises from Judgment and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17(1) of the Sales Tax Act by the Income Tax Appellate T......In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the facts and in the circumstances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and in reopening the assessment alrea..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... the locality submitted a report behind the back of the appellant and he did not grant any saham to the appellant in respect of the Schedules 'A' & 'B' property although he had admittedly and according to the preliminary decree 3/5th share therein. 5. The learned Judge by his order dated......J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (Dacca) 81; Sajeda Khatun Vs. Mostafa Khatun, 28 DLR 221; Chajuram Vs. Neki, 26 CWN 6......that the petitioner can pursue his remedy under Order 9, rule 13 of the Code of Civil Procedure. It is not the question of “indulging any luxury” but it is the remedy that has been provided by law. It is not the question whether the scope in Order 9, rule 13 of the Code of Civil Procedure is..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ote No.1 of the said Tariff Item for renewal of agreement for year on payment of rent at the rate of lease agreement with payable dues. After receiving the said memo the petitioner served demand of justice notice upon the respondents on 10-3-2005 dispensing justice to it but received no reply. ......orage of Goods in Chittagong Port Authority. The agreement was made for a period of one year with effect from 1-12-2003 to 30-11-2004 at the rate of Taka 10 + 15% VAT per square metre. The petitioner accordingly paid the rents up to January, 2004 but all on a sudden the petitioner raised the claim t......y Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 pas...... the petitioner at the rate of Taka 20, after approach by the petitioner vide letter dated 14-9-2004 and respondent No.2 under memo dated 1-12-2004 the respondent No.1 took opinion of the Ministry of law, Justice and Parliamentary Affairs. The respondent No.3 quoting the said approach of the petitio..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......mbay Vs. United Motors, AIR 1958 (SC) 252. And the Chief function of 'Explanation' is to harmonise with and clear up any ambiguity in the main section. In short, the 'Explanation' must be interpreted according to its own tenor. 34. Lord Denning in Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB ......y (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another........................................Respondents Judgment May 4, 2010. Cases Referred to- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry......order admittedly on 12-8-1982, as such, there was a delay of 5 (five) days in remitting the monthly rental for the month of July. 17. In that respect, the High Court Division committed an error of law apparent on the face of the record since it ignored the delay of the aforesaid 5(five) days in r..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... Panday, Advocate on-Record—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and De......d authenticated amongst others by Pakistan Consul or Vice-Consul was so executed and authenticated. 5. So far as the scope of this section 85 of the Evidence Act is concerned, it is plain that the law asks the court presume due execution and authentication of a power of attorney, if it is so done..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with any such policy shall be determined according to the law in force in Bangladesh. But such right is given only to the holder of a policy ...... Policy No.00002152-7 dated 28-12-1996 Respondent No.1, the wife of the insured, was made nominee in the policy. On 25-3-1997 Rafiqul Islam died whereupon the respondent No.1 made the insurance claim to the appellant. On inquiry, the claim was found valid. As the insured amount was not being paid by......6 of the Act, empowers a holder of policy to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with any such policy shall be determined according to the law in force in ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......emoval of the President. Accordingly, after due notice on 7-3-2000 the Board meeting was held on 14-3-2000 which passed the resolution to remove him. The overwhelming opinion of the Board being, that according to Article 27 of the Memorandum & Articles of Association of the CCCI, the term of the......000) 659. ......ons of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......Accordingly, when the election in Khulna, Jessore and Kushtia could not be held on 10th June, 1999 for unavoidable circumstances they were held on 14-6-99 under proper notification. It is stated that according for the unofficial results the votes cast outside Dhaka were 6771, at TSC-8134 and at Gymn......m, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election r......otification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioners, as..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with any such policy shall be determined according to the law in force in Bangladesh: Provided that nothing in this section shall apply to......llant Vs. Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insura......ontested by the defendant No.1 alone by filing a written statement denying the case of the plaint. They contended that the claim of the plaintiff was false, barred both under limitation and insurance law. In the report, the surveyors mentioned that due to the leakage of the electric wire lying on th..Category: Business or Commercial Law | Date: | Hits: 211
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