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Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ct, an appeal to the Sessions Judge on question of fact and that, by means of reference there should, in effect, be a second appeal to the High Court upon question of fact." We are in respectful agreement with the above view and although we have no doubt that the power of the High Court under s...... Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....same does not relate to the accounting year in question cannot be given retrospective effect to cover the accounting year in question. Mr. Rafique‑ul‑Huq submitted that this is not correct as the agreement referred to the period on November 17, 1979. This contention of Mr. Huq finds answer in th......acated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......ssee, a limited company, carried on the business of manufacturing sugar, running a distillery and a tincture factory. It entered into an agreement with the Government whereby the Government agreed to sell certain of its business assets to the assessee. According to the agreement, the Government..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....fs filed a petition on6.10.1990 praying for certain amendment in the plaint. The amendments were to the effect that the monthly rent of Taka 400.00 was enhanced to Tk. 600.00 as per a subsequent oral agreement, that in the cause title the suit was to be described as SCC suit instead of Title Suit an...... Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of t......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
....is leased out to any one else he would be deprived of the entrance in his plot which would render the plot unfit for any residential purpose and that would cause a violation of the terms of the lease agreement by which the lessor and the lessee are bound.
7. The learned Advocate further submitt......Ministry of Works and others……………………..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
.... 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or a......Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Result: The appeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patn......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....he efficient discharge of its functions on such terms and conditions of service as it may determine; (c) to carry out all technical and engineering projects or works or to enter into contract or agreement pertaining to their execution; (d) to make all purchases of plant, machinery and stor....../89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are ci......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right when it would be inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though can even be expressed by conduct, to real...........Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other ......on. 2. Facts, in short, are that the petitioner is an experienced fisherman and a fish trader and earns his livelihood by taking lease of fisheries rearing and preserving fishes and catching and selling and marketing them. The Shita Kuri Group Fishery is situated within upazila Golapganj Distri..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......llip;.Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Lt......pposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Are..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not enter into the computation for pensionary or retirement ben...... Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
...., it appears to me that the trial Court has rightly held that the right of repurchase as in this case is not assignable or transferable and the ekrarnama is not a deed of conveyance. It is at best an agreement between the vendor and the vendees which by itself does not create any interest in the lan......ip;……………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Daya......ey would execute and register a deed of reconveyance in favour of the pro‑defendant No.3. But if the original vendor pro‑defendant No. 3 after his repurchase would in his term again want to sell out the same land, he must sell it out to the defendant No.1 or his heirs for the same consider..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....rtgaging the property within the knowledge of the Additional Deputy Commissioner, Sylhet who was also the Chairman of the Loan Sanctioning Board.
4. It has further been averred that prior to the agreement of sale with Duraram, the petitioner and his brother Faizuddin Ahmed (added respondent No......., Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:
The Rule is made absolute.
Cases Referred to-
Shah Ghulam Nabi and others Vs. Vice‑Chairman, East Pakistan Enemy Property Management Bo......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....ath reported in AIR 1925 (All) 356. Since a Division Bench of this Court in which one of us was a party already gave a decision on the point we do not like to discuss the Indian cases. We are in full agreement with the case cited by Mr. A K Badrul Huq and hold that section 86 of the Co‑operatives ......he Rule is made absolute.
The Co-operative Societies Ordinance, 1984; Section 86
Section 86 of the Co-operative Societies Ordinance does not attract election disputes and as such the Arbitrator acted illegally and without jurisdiction in making the impugned award.
Coram Non-Judice
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
...., Ministry of Industries pursuant to the said policy of the Government directed all concerned on 18.12.86 (Annexure‑B) not to include items sufficiently produced in the country in the foreign aided agreements with list of such items produced in the country in sufficient quantity including electric...... Elahi, Advocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rul...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....nstant case the respondent Howladar has been serving for a period of 18/19 years continuously without break and under such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was deb......rted in: 46 DLR (HCD) (1994) 143.
......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....t to save the opposite party from being a defaulter in payment of rent. 9. Mr. MA Mannan, the learned Advocate for the opposite party, submits that the evidence on record shows that there was an agreement between the landlord and the tenant that the landlord would collect the rent from the tena.........................Petitioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. H......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....6 also have no objection to the omission of the name of the petitioner from the said list published in the aforesaid daily newspapers by the Bangladesh Bank, provided the petitioner complies with the agreement made by him in the meeting held on 21.7.91 (Annexure‑X of the affidavit‑in‑oppositio...... For the Respondent Nos. 3-6.
Writ Petition No.1159 of 1991.
Judgment
Fazle Hussain Mohammad Habibur RahÂman J.- This Rule Nisi was issued on 7th July, 1991 asking the respondent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....¦â€¦.…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false a......Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims.................... CS Khatian No.35 is owned by the defendant No 1. The defendant No.1 wanted to purchase land at the village Bangola and as such he was in need of money. Consequently he proposed to the plaintiffs for selling the suit land in the first part of Falgoon 1384 BS. As the plaintiffs earlier purchased some..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....adesh, filed an affidavit‑in‑opposition denying the material allegations made in the writ petition and contending, in substance, that the petitioner’s sale deed is a fictitious document and the agreement and all other papers in that connection are forged but he obtained the decree by practisin......egunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
March 12, 1991.
Lawyers Involved:
Mahfuzur Rahman, Advocate ‑ For the Petitioner.
Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2.
Writ Petition No. 398 of 1989.
Judgment
Md. ......a as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatra in favour of Mosammat Rahela Khatun, the petitioner, on 20.11.70 agreeing to sell the said holding to her at a consideration of Tk. 8,000.00 on receipt of Tk. 6,500.00 as earnes..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....dan Law, she is still a minor and subject to the control of the guardian fill she attains majority, that is till she becomes sui juris according to the Majority Act, 1875. "We are in respectful agreement with the views expressed is Muthu Ibrahim's case ILR 37 Mad, 567 and in the case of Sukhen......oner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada...... stayed for 15 days from today. The Rule is accordingly discharged. CommuniÂcate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....41 as the provision of section 37(3) clearly stated that it could be for the purpose of limitation only. It is further the submission of the learned Advocate that if an arbitrator is not named in the agreement such a reference cannot be made until an arbitrator is appointed either by an act of the p...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure ques......of the learned Advocate that the balance of convenience and inconvenience is in favour of the Coal Controller because if the Coal Controller gets the money he will not run away with the money and the seller would always be able to take back the money in case the bond is forfeited without the blessin..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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