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Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....s of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants is that the re were in permissive possession of the disputed holding No 294 which has been described in Schedule A of the plaint to be within the Chitt......s against the judgment and order dated 29-5-1986 passed by a learned judge of the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 1985 discharging the Rule and thereby upholding the judgment and order dated 26-1-1985 passed by the learned subordinate judge, Second; Cou..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ....... At the final hearing of the Rule the learned Single Judge of the High Court Division rejected the plaint of title Suit No. 354 of 1994 and made the Rule absolute with cost of Taka 1,000.00 after holding, inter alia, that under the settled principle of law the mother was the exclusive guardian ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....heir wives should be ordered either to pay maintenance to their wives or divorce them It was further directed that in the event of divorce they should also remit arrears of past maintenance It is not disputed that no exception was taken to this directive of Caliph Umar The argument of the Hanifies i......limitation and the relevant circumstances of each case, and we hold accordingly.” 11. Mrs. Rabeya Bhuiyan submits that the above decision of the Lahore High Court, given on the 5th May, 1964, is holding the field for the last 32 years and the said decision escaped the notice of the learned Judg..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ated that as the said pumps are not manufactured in Bangladesh and as it takes time to procure them and as arrangement was already made to bring them, further 30 days’ time was necessary. It is not disputed that 2(two) pumps were delivered on 25-11-87 and the note-sheet (Ext. 20) shows that the Su......ly not competent to certify about the technical quality of the machines. 34. In view of the discussion above we have come to the conclusion that the High Court Division was fully justified in not holding respondent Iqbal Hossain guilty of the offence of cheating also. The substantive offence hav..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ...... and after observing all formalities and giving him all opportunities to defend himself the order of compulsory retirement was passed. 4. The Administrative Tribunal dismissed the case after holding that the proceeding started under the repealed Rules of the Government Servants (Discipline..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......rred to in sections 8 and 9 payable by the tenant would be part of the rent which the Ordinance allows. WASA charge being not included in either of the said sections, there appears to be no basis for holding that the same should be treated as part of the rent allowable under the Ordinance. 16. Mr..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......la dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter predecessor-in-interest of the respondents. The case of the pre-emptor, in short, is that he is a co-sharer in the holding in question with the vendor Md. Ibrahim who executed the Kabala in question on February 19,..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ...... days) ought to have been condoned in view of the bona fide explanation offered by the appellant, 2) that there having been error apparent on the face of the record the High Court Division erred in holding that the alternative remedy of appeal barred review and 3) that the error apparent on the f..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......e suit as in the meanwhile the plaintiff amended the plaint and made a prayer for recovery of khas possession. In revision the learned Single Judge of the High Court Division dismissed the suit by holding that the two registered kabalas are not hit by section 23 of the Contract Act and that thos..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......y the Managing Director of Rupali Bank defendant No. 1 by leave, is against the decision of the High Court Division, in Civil Revision No. 3663 of 1991, discharging the Rule on 27 January 1992, and upholding the judgment and decree passed by the District Judge, Noakhali on 28 April 1998 in Title App..Category: Labour and Industrial Law | Date: | Hits: 152
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....re imported in breach of the sales contract relating to the rate there is no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not ente......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....n abandoned property and directed restoration of possession thereof to the petitioner. The petitioner filed the above mentioned case under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that ......ement Court by making the Rule Nisi absolute. 2. Mr. TH Khan ,learned Counsel appearing for the petitioner sought to argue that the learned Judges of the High Court Division erred in law in holding that the petition under section 7 of the Abandoned Property Ordinance, 1985 was incompetent..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 ...... the Penal Code be issued against the appellant. A Division Bench of the High Court Division by the impugned judgment and order dated 18.4.95 found that the learned Sessions Judge made a third case holding that sanction under section 197 Cr. P. C. was necessary to prosecute the appellant. ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... 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 ......espondent No. 1 at a shockingly low price of Taka 60 lakh only the High Court Division erred in law in rejecting the plaint. 6. It is further contended that the High Court Division erred in holding that there is no malafide where the Bank did not appear in the trial Court or in the High C..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....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 ...... of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the west of Hotel Sheraton at Dhaka City to a company named International Hotel Holdings Ltd. without holding a public auction at a price much lower than the previously-determined price and on payment o..Category: Anti-Corruption Laws | Date: | Hits: 105
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......esh Telecom Ltd. shortly HBTL, was incorporated on 8.10.90 under the Companies Act, 1913 with BTL and Hutchison Telecommunication (Bangladesh) Ltd, a subsidiary of Hutchison Telecommunication Ltd. holding 50% shares each. The petitioner company through BTL imported necessary equipment and made n..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....ade some submissions of HBTL’s own regarding the maintainability of the writ petition. First, he submits, the writ petition is not maintainable because the question of ownership of the licence is a disputed question of fact. The agreement dated 27.6.89 was made between BTTB and BTL, when BTL was a...... question of fact for the first time in this Court. Besides, BOI granted permission to set up a joint venture company to install and operate the cellular radio telephone system by specifying the shareholding position of local and foreign participants at 50% each. BTL was the local shareholder. In th..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....tiffs never expressed their desire for pre-empting the structures also at or about the time when the transfer was made. It is in evidence that defendant No.1 with her family had been living in the disputed structures since 1958 as lessees when there was a contract for sale of the suit land betwe......an Law for pre-emption, the High Court Division negatived the same by referring to the concurrent finding of the Courts below in favour of the plaintiffs made upon consideration of the evidence and holding further that it was not open to the Court of revision to interfere with such finding. ..Category: Property Law | Date: | Hits: 84
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ...... 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on 28.3.1963. The writ-petitioners had been living in the disputed building with their mother, their father having died in 1954, till June 1974. In the secon......decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ case, briefly, are that the building bearing holding No. 6A/8, Block ‘F’ Joint Quarter, PS Mohammadpur, Dhaka was allotted to Alima..Category: Property Law | Date: | Hits: 57
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