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Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....on 119. But that is not to say that a third party can never raise the question of title of a party to the exchange. For example, in the present case, defendants claiming title to themselves of the disputed property were competent to question the plaintiff’s exchange. Therefore, the learned......d 3, following leave, arises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. 2. Plainti..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
..../‑ at the time of execution of the document. The appellate Court below, reconsidering the evidence on record, found that circumstances were against Isobullah for claiming actual market value of the disputed property at the time when he executed Ext. 1. The trial Court found the sixth test also in ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ntiff of TS 48 of 1971) was defendant No. 6. The suit land being the same, the two suits, OC Suit No. 109/70 and TS 48/71, were heard analogously and disposed of by one judgment. 3. Admittedly the disputed property originally belonged to one Ananta Bandhu Sen. According to the plaintiff of OC Sui......versed by the learned Judge of the High Court Division. 12. In the High Court Division it was argued on behalf of the plaintiff‑respondent that the learned Additional District Judge was wrong in holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale w..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....f cement was stopped. 11. The Bangladesh Shipping Corporation in its affidavit‑in ‑opposition joined issue with the respondent, denied the allegations made against it and laid its claim to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and......laim to the cement in question. The respondent alleged that the ownership of the cement passed with the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without juri..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......evision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this d..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑responde......e learned Magistrate "categorically found that the 2nd party was in actual possession as bargadar", which is not correct. The High Court Division, it was further submitted, went wrong in holding that the learned Magistrate had decided the question in respect of the claim of the parties..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......uit. On a revisional application filed by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper..Category: Procedural Law | Date: | Hits: 110
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......versed the judgment of the lower appellate court and dismissed the suit. 5. Leave was granted firstly, to consider whether the learned Single Judge of the High Court Division was correct in holding that the gift was incomplete as the same was made in favour of a minor by not giving delive..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....Chittagong Port Authority, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The uncertainty with regard to the powers of the Labour Court was un...... at all. In view of the above, we hold that the Labour Court's order staying the operation of the order, impugned before it, was passed without lawful authority. The High Court Division erred in upholding that order. The appeal is allowed without costs. Mustafa Kamal J.- I agree with the decis..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the trial court merges into that o the appellate court." 5. After holding that the appeal in the instant case was dismissed not on merit but on the ground of limitat..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....pportunity to controvert the new facts and the proceeding may unnecessarily prolong and, more important, this Division will be deprived of the valued opinion of the High Court Division on the newly disputed point. In this case respondents' failure to produce the conviction will be necessary for ......on of sentence in the instant case cannot be held to be discretionary. It is mandatory. Even if the provision for execution is held directory and the defect in the warrant as mere irregular, for upholding the custody of the prisoner the order of conviction itself is to be produced before the Cou..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......A lessee may continue in possession of a lease property on its lawful termination if the landlord either expressly or impliedly recognises him as lessee taking rent from him; he is called a tenant by holding over under section 116 of the TP Act. He is not a tenant by sufferance, Death of the origina..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... the present case the beneficiaries do not include the heirs of the daughters of the wakif. Mr. Pal's contention does not stand. 20. We now turn to the merits of the appeal. It is not disputed that the wakf of late Kemaluddin Sardar is a mixed wakf, partly dedicated to the charitabl...... it first bifurcates a mixed wakf-al-aulad into public and private wakf, and then converts the private portion into secular property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of th..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......recting re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are th..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ry to prosecute the respondent who, in the discharge of his official duty, acted beyond the scope thereof. It was, therefore, urged that the learned Judges of the High Court seriously erred in not holding that the courts below dismissed the petition of complaint on the basis of speculation of th..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......on and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed on the 10th December, 1966 for electing a Vice-..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....been exercised by the learned Judges or an entirely extraneous consideration and as such it is manifest that the order was not lawfully passed. 6. Learned Attorney-General has not seriously disputed the contention of the learned Advocate appearing on behalf of the appellant but has submit......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ed by the learned Counsel that the first part of the prayer (b) having been made for a decree seeking to restrain the defendants permanently from enforcing the requisition and or acquisition of the disputed land, the case is clearly within the mischief of the bar contained in section 93C of the ......uit appears from the statements in the plaint to be barred under the provision of Section 93C of the Act. We are, therefore, of the opinion that the learned Judge of the High Court was not wrong in holding that the suit was not barred under the said provision. 14. Leave was granted also t..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... Judgment Debesh Chandra Bhattacharya, J.—This appeal by special leave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not justified, in the facts and circumstances of ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
.... this remuneration was to be paid partly in consideration of the services in looking after the immovable properties of the managed company, such as the go-downs situated in Pakistan. It is not disputed on behalf of the Revenue, that most of these properties were requisitioned by the relevant......r sub-section (3) of section 42 of the Income-tax Act. The Supreme Court of Pakistan applied the principle laid down in the case of Messrs Octavious Steel Company Ltd. in deciding that case and in holding that the remuneration earned by the Managing Agent having its principal office in Indi..Category: Fiscal/Taxation Law | Date: | Hits: 114
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