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M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it……....... He sent various representations to the authorities concerned, but obtained no relief. 10. Plaintiff-appellant, after serving notice upon respondent No.1, for restoration of the petrol pump and payment of compensation, filed Other Suit No. 125 of 1977 in the Court of 3rd Subordinate Judge, Chi......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....enior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Appellants. Amirul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex-parte—For the Respondent Nos. 2 & 3. Civil Appeal Nos. 53 and 54 of 1984. (From the Jud...... any member of the company, or the company, may apply to the Court for rectification of the register. (2) The Court may either refuse the application or may order rectification of the register and payment by the company of any damage sustained by any party aggrieved, and may make such order as to...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....Senior Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record —For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 134 of 1982. From the judgment and decree ...... is the agreement for 1 year and Ext. A and A (1) are the two rent receipts. These exhibits show that the defendant obtained possession of the land in question by agreement. Subsequently he stopped payment of rent. The question is whether he can raise the plea of adverse possession. Ext. 1 and Ext......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the allegation by filing written statement. On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation l......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....some inherent defect or lacuna in the evidence for which the court will not be able to pronounce its judgment properly." 9. The learned Single Judge took the view “it is purely discretion on the part of the Appellate Court to grant such an application for additional evidence, and the Court ca......t receipts alleging that he did not pay any rent after the preparation of the revisional record of rights. 5. The learned Subordinate Judge held that although the entries in the Register II showed payment of rents at reduced rate following the mutation case, the entries, however, did not show tha......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.... warrant. It was noticed in the leave order that it was a case of first impression. 6. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel appearing for the tenant-appellants, placed before us the particulars of the tenancy, which are re-produced as under: Monthly rent Tk. 35/- (i) Plaintif......(XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defend....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ntiff acquired 16 annas interest in the suit property. According to the further case of the plaintiff the defendant No. 1 Sashi Mohan Saha and his brother late Lai Mohan Saha who were occupying a part of the buildings as tenants under Modhusudan Saha at a rental of Rs. 125/- per annum, took the......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....tions, inasmuch as it would not be relatable to the assessee's income, nor to they year or years previous to the year in which it would be levied. 6. The High Court was also unable to accept the Department's contention that what was intended by the legislature to provide for in section 45A was no...... 3. In Writ Petition No. 182 of 1967 the facts the validity of certain orders of the appellants were these: Having provisionally assessed the relating to levy of additional amounts of tax for delayed payment of taxes assessed for the respondent for the assessment year 1964-65 in December, 1964 Incom......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....sain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Government as per the first proviso to article 6A (3)......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....ry into Grade-II will be the basis of seniority for appointment as Class-II Officer and that the fact that promotion from clerks Grade-II to Grade-I did not take place due to luck of vacancy in any particular office would not stand in the way of promotion to Class-II Officer. On 25-9-72 Staff Circ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
.... representation of Harilal Goswami, the then Chairman of the D.I.T. passed an order on 16-2-66 directing that the triangular plot in the sketch map, marked 'A' which covered plot Nos. 694 and 734 and parts of plot Nos. 732, 733 and 737, be derequisitioned. Thereafter some of the interested persons f......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of Bangladesh thereunder, the said Government was a necessary party in the application before the High Court Division and whether on account of the failure of the......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ....... M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid by allotting to him 230 shares of Taka 100/- each and subsequently in ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....se on the Constitutional Limitations" at page 345 mentions that "As a general rule the protection of personal liberty rests with the States, and to the State Courts the party must apply for relief on habeas corpus when his liberty is restrained. The jurisdiction of t......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....en to the- statement of P.W. 11 about "maramari", which is based on hearsay. There is no suggestion to any of the eye-witnesses that there was a "maramari" between the parties 6. It was next contended by Mr. Abdur Rab, I that the charge of rioting against the......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....red under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Court of Bangladesh, to which one of us was a party in another capacity, and it was held therein that since the provision of Section 426 of the Co......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ame to the house of Yasin Sk, it was the month of Ramjan, They stayed for the night, took their meals, and then slept in the north Bhiti hut of Yasin Sk. They took ‘Sehri’ in the later part of the night and went to bed again, but some time thereafter on hearing the cry of P. Ws. Sira......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....r the Appellants. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin Ahmed and K.Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment an......ight does not arise also out of a mortgage even though it may be by way of conditional sale. Under the Mohammedan Law a sale is an exchange of property for property, the exchange consisting in payment of price by the purchaser to the vendor and delivery of possession by the vendor to the pur...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dat......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......khali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....d instructed by B.C. panday Advocate-on-Record.-For the Appellant. Nizamuddin Haider, Advocate instructed by Shahabuddin Ahmed, Advocate-on-Record.-For the Respondent Nos. 1& 2. Exparte-Respondent Nos. 3-21. Judgment: Shahabuddin Ahmed J.- This appeal by special l......quot;When a person having a korfa right transfers his holding to a third person without consent of the landlord that amounts to an abandonment of the holding without making arrangement for payment of rent. The landlord in such a case can treat the transferee as trespasser and in en......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ellants. Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No 98 of 1980. (From the judgment and de......tiffs for some reason or other were thrown out of possession, according to the defendant No. 2 since their father's death. But their dispossession will not disentitle them to recover possession on payment of ad valorem court-fee in this suit as already directed by the trial court. The suit is no......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
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