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Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
.... Agrahayan 1378 BS then the respondent would get back the land and that in case of failure of the respondent to repay the consideration money within the stipulated period he would have no right to claim the land or anything from the appellant. It is the of the appellant that respondent No. 4 cou......f 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 1,000.00 and handed over possession of the said land to the appellant. On......t No. 4 to effect that the appellant would enjoy the usufruct the land for 5 years with effect from first Ashar 1371 BS to Agrahayan 1376 BS and if the respond could return the entire consideration money to appellant within the next 2 years starting from month of Poush 1376 BS to the month of Agr..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ...... Lawyers Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No. 509 of 1995. Judgment: Md......;s prayer to stay operation of memo No. ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance), Mukti J..Category: Administrative Law | Date: | Hits: 149
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......e, Sylhet in GR Case No. 77 of 1989 acquitting the accused respondent from charges under sections 107/148/ 149/3241323/307/379 of the Penal Code. 2. One Mokhlesur Rahman lodged a First Information Report on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86......t on 7-11-86 against the accused- respondents alleging, inter alia, that on 6-11-86 at about 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful ass..Category: Criminal Law | Date: | Hits: 68
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....he momentous statement made in that case: “It appears to us that the question of locus standi does not involve the Court’s jurisdiction to hear a person but of the competency of the person to claim a hearing, so that the question is one of discretion which the Court exercises upon due consid......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. ......unciated in Kazi Mukhlesur Rahman’s case were not departed from. It was observed that the Parishad was not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental right and enforce its constitutional remedy. The indication was t..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... Cases in the Court of General Certificate Officer, Comilla, being, Certificate Case Nos.318 and 319/1986-87 for an amount of Taka 4,5,81,646.00 and Taka 32,22,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issued notices in the c......t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......2,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issued notices in the certificate cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt of the notice and directed the c..Category: Business or Commercial Law | Date: | Hits: 150
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....demolished the fencing structures. 2. Defendant No. 1 who is the respondent here resisted prayer for mandatory injunction contending that they had been in possession of the said plot and that the claim of the plaintiffs was false. 3. The learned Subordinate Judge, by an order dated 28 Septem...... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petiti......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Mahbubey Alam, Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record — For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 27 of 1998. Judgment &nbs......e Code of Criminal Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizan..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....es detai1ed the profits arising out of refixation of price of stocks of petroleum products of the assessee-company are, in my opinion, the profits of the assessee company and not that of BPC as claimed. So such profits of Taka 8,15,79,411.00 is added as income of the assessee-company for the......with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by ove......ccasion of his Addya Sradh and also the costs of taking out probate of his will. The executors paid Rs.5,537.00 for Sradh expenses and Rs.1,25,000.O0 for probate duty and claimed deduction of this money to determine the assessable income. Their Lordships of the Judicial Committee observed: ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another………&he...... Judgment November 3, 1996. The Penal Code, 1860 (XLV of 1860), sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance..Category: Criminal Law | Date: | Hits: 88
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....sons of the High Court Division are equally unacceptable. It is very clear that the all important letters from the Chief Estate Officer of the Railway dated 9-1-81 upon which the plaintiffs’ claim for specific performance of contract was based was not approved by the appropriate authority ......f 1985 allowing the appeal, reversing those of the Subordinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, ......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. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....he trial court or in the appellate court after filing of appeal against the decree by the defendants but could not do so after entering into a compromise with the defendant appellants admitting their claim and filing a compromise petition in the appellate court to that effect. Amendment of the plain......iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again...... 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
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre in place of the actual area of 65.38 acres. 3. In the year 1989 respondent No. 3 the Upazila Nirbahi Officer Baniachang claimed the said fishery as Government fishery and leased it out to one Rajendra Kumar for 3 years......Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complyi......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....rantees, “No tax shall be levied or collected except by or under the authority of an Act of Parliament.” But there may be cases where there is no sanction of law at all behind a customs claim. It does not serve public purpose to permit the customs authorities to realise all they claim......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....d, without allowing the prayer made a request to her for payment of Taka 6,99,899.00 to DGFI for maintenance costs of the house during its occupation. She refused to pay the same and made a counter claim of Taka 14,72,000.00 on account the rent of and damage to the house, The Cantonment Board, b......gust 27, 1997. The Cantonment Act, 1924 (II of 1924), Section 73 The writ petitioner after purchase of the house from heir of allottee of the Cantonment Board completed all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......f 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 authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent ......ned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted paymen..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....r of Imports and Exports had not followed the procedure for cancellation of the Registration Certificate. 5. The Vice-Chairman, Export Promotion Bureau and the Government resisted the claim of the writ petitioners. While the former filed an affidavit-in-opposition, the latter filed ......hidullah, Advocate-on-Record-— For Respondent Nos. 1 & 2 (In both the Petitions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 Februar......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
.... from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant under the respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist the decree for eviction…………(5) ......he Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the land......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....f 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. ......fa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. ......rdinance. 3. The High Court Division by order dated 28th November, 1991 allowed the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the required period, calculated from the date of the decision to acqu..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....1-2 avoided the discussion. Out of the total 5309 master cartons 4231 master cartons were damaged and were destroyed upon reprocessing and accordingly, on 1-6-91 and 27-6-91 the appellant lodged a claim with respondent Nos. 1-2 for Taka 2,35,17,569.00 being the price of the shrimps and pra......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ntiff had acquired title thereto being the sole heir of Nimai Chand, that the decree in Title Suit No. 59 of 1962 was not binding on the plaintiff, that the defendants failed to substantiate their claim of auction purchase and also possession in the disputed land and that the plaintiff has been ......esent case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfer......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. ..Category: Property Law | Date: | Hits: 49
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