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Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....Rafique-ul Huq. All indications therein lead to the conclusion that the word “mamla” in section 5(1) refers to ‘Suit’ and not to all kinds of legal proceedings. It cannot be disputed; Mr. Huq does not, that before the promulgation. of the Act a financial institution such a......rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the Misc. cases pending in the Artha 1 Adalat should be tried and disposed of by that ..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....money though an important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only on the consideration of source...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ng anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be s..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ough it has been proved that plaintiff No. 1 is in possession of a part of the suit property the basis of the title of the plaintiffs has not been proved and therefore the trial Court was right in holding that before partition the plaintiffs have to establish their right and title to the suit pr..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
.... opening of the bids on 24-10-96 respondent No. 5, Sylhet Pulp and Paper Mills, at the instigation of the failed tenders wrote to respondent No. 4, Divisional Forest Officer, requesting sale of the disputed Bash Mohal to them at Taka 2,85, 19,750.00 i.e. Taka 2 1,80,027.50 more that the highest ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....case of adverse possession at the last moment during the argument without laying any foundation in the plaint. But in the instant case the averments that the plaintiff has been in possession of the disputed land in assertion of his ownership by purchase openly, peaceably, continuously and advers......bubuddin, learned Counsel who appeared for the appellant substantially raised the following questions for consideration in this appeal: (1) Whether the High Court Division was justified in holding that the trial Court was not competent to raise an issue suo motu on title by adverse poss..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... revision and obtained a Rule in Civil Revision No. 1366 of 1992. A learned Single Judge, by the impugned judgment and order dated 29 April, 1993, upon hearing the parties discharged the Rule holding that in enforcing a decree for money the Court may on the prayer of the judgment-debtor dir..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....umbered since 10-1-72 after the expiry of 7 years as being the absolute owner in possession by virtue of his purchase by registered Kabala dated 11-1-1965. 3. In order to recover the disputed land und the agreement which expired on 10-1-1972 long before the promulgation of Presiden......he respondent and that it could not have been so as a matter of fact because it was a case of an out and Out sale with a contemporaneous agreement for reconveyance. Thus we find no difficulty in upholding the contention of the learned Advocate for the appellant that the orders passed by responde..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 ......ejected on January 28,1995, against which he preferred the above mentioned Misc. Appeal before the Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... the medical allowance for the said teachers and employees were raised from 70% to 80% and from Taka 100.00 to Taka 150.00 per month respectively. 15. Mr. Karim has argued that it is not disputed that the Sammilani Girls’ High School has been accorded recognition under the afores...... Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... court within, the meaning of section 349A of the Code Criminal Procedure. In support of his submission he referred to the relevant provisions of the Martial Regulations. 13. It is not disputed that the Chief Martial Law Administrator or an officer authorised by hill was competent t......viction and sentence as referred to above in which the impugned judgment and order were passed. 8. It was argued by the respondents that inasmuch as the learned Sessions Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....tion on the ground of the conviction of the respondent by a court of law and the same could not be considered as a final decision of his service appeal made on 8- 12-78. 9. It is not disputed before us that the respondent was removed from his service on 25-9-78 and the petition was...... the respondent under paragraph 120 ch. IV of the said Orders and, as such, he was quite competent to remove him from service. 3. The Administrative Tribunal dismissed the case after holding that the Controller and Auditor General being the appointing authority was competent to pa..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....nservation of environment, irrespective of the locality where it is threatened, I am of the view that a national organisation like the appellant, which claims to have studied and made research on the disputed project, can and should be attributed threshold standing as having sufficient interest in t...... that the Parishad could not maintain the writ petition in a representative capacity on behalf of its members and approval was given to the decision in the case of Dada Match Workers Union 29 DLR 188 holding that a trade union cannot maintain an application under Article 102 of the Constitution aski..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......eirs of the said plaintiff to proceed with the Miscellaneous Case and with the suit itself. A learned Single Judge of the High Court Division by the impugned judgment and order discharged the Rule holding, inter alia, that the petitioner’s application dated 28-4-85, filed in the aforementi..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......atisfactory. 4. The Administrative Tribunal, however, by its judgment and order dated 7-5-94 allowed the said case and set aside the order of dismissal of the petitioner from service holding, inter alia, that, the order of dismissal had been passed without consultation with the Sup..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... being a monthly ejectable tenant under the plaintiff-respondent. Therefore not much can be achieved by establishing this point. 4. Mr. Pal next submits that the Courts below were wrong in holding that the lease expired on 1-1-90, which is contrary to section 106 of the Transfer of Prop..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ...... the evidence on record disbelieved the case of the appellants that they had come to know for the first time the ex parte decree on February 22, 1988 and accordingly dismissed both the Misc. Cases holding, inter alia, that the same are barred by limitation, being filed long beyond 30 days of the..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......ce on 22-12-84 under Rule 4(3) of 1984 Rules charging him with the offence under rule 3(Ga) and 3(Kha) thereof and he replied in writing to the said show cause notice to respondent No.6; that after holding necessary enquiry in the said departmental proceeding, the concerned authority released him..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....dgment due requiring the Certificate debtor to deposit with the Certificate Officer the amount of his debt within 30 days of the service of such notice. After receipt of the notice respondent No.1 disputed the claim and asserted that the amount is not correct and the amount is not due to the Ban......ount specified therein being the conclusive proof that the amount was due, there was nothing left to be determined and, as such, the learned Judges of the High Court Division have erred in law in holding that the Certificate Officer had signed the certificate in a mechanical manner without d..Category: Business or Commercial Law | Date: | Hits: 150
....al objection will be ignored because the spirit behind the provision has been satisfied by the decision of the Commission before filing of the report.
11. The objection in any case is based on a disputed fact which cannot be resolved without evidence. From the impugned judgment it appears that ...... or investigation. Here the Ordinary meaning is required to be given to the word ‘report’ unlike a report filed by a Police Officer upon investigation. The High Court Division is plainly wrong in holding that “it is clear when there is provision for taking cognizance on the basis of a report, ..
Category: Business or Commercial Law | Date: | Hits: 163
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