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Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents till the defendant started defaulting in payment of rents necessitating service of notice under section 106 of the Transfer of Property Act o......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....his duties as an Officer on Special Duty. Once again nothing transpiring against the plaintiff he was reinstated by the Chief Martial Law Administrator on August 31, 1982 with a direction that a departmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff ......of the High Court Division which refused to interfere with the concurrent findings of the courts below. 8. Leave was granted to consider whether or not the defendant, BSC, was liable to make payment of the back salaries and other monetary benefits for the period during which the plaintiff ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... pronouncement from this Division. 11. The impugned judgment in these petitions is based mainly on the judgment in the case of A Hannan, 40 DLR 273, one of the learned Judges being himself a party to the said judgment. In order to appreciate the submissions of the learned Additional Attorn...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....In Civil Appeal Nos. 16 & 17 of 1996). AW Bhuiyan, Additional Attorney-General and B Hossain, Deputy Attorney-General — Amicus Curiae (In Civil Appeal Nos. 76 of 1993). Ex-parte — Respondent No. 1, 8-9 (In Civil Appeal Nos. 77 of 1993) Ex-parte — Respo......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ellip;………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. (From the judgment and Order d......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......rict Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) on obtaining house building advance from his employer Bangladesh Shilpa Bank and on obtaining loan from the House Building Finance Corporation, as also from his personal savings and borrowing f..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....e interpretation given to the decree in Title Suit 36 of 1968 with regard to notice under section 5(1a) which may have been rightly held to be unsustainable, but leaving aside that finding, the other part of the judgment of the High Court Division can stand on its own. Lastly, he submits that the qu......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....nt in all the six appeals by leave from the common judgment and order dated the 5th and 19th August, 1993 passed by the High Court Division in those Writ Petitions making the Rules Nisi absolute in part and containing certain directions. 2. The common case of all the writ petitioners as f......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....that case that without following the procedure as laid down in section 6(5) launching of the prosecution and cognizance of such will be without jurisdiction. The precondition is the obligation on the part of Special Judge for writing to the Government for sanction. Without doing so, he cannot take c......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....f the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordinate Judge, Dhaka was......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....tating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those purchase as defendant Nos. 30-36. The Suit was ultimately decreed exparte on 28-1-1985. 3. Thereafter the appellant preferred Miscellaneous Case No.79 of 1986 u......ering the evidence on record and the record of the case, the learned Subordinate Judge by his order dated 30-11-1988 allowed the miscellaneous case and set aside the exparte decree on condition of payment of Taka 300.00 as costs by the appellant on the finding that no summons was served upon th......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
..../M (Hull) HO/POL/04/86/ dated 8-4-86 effective for 3 months from 30-3-86, which was extended till 29-9-86 on due payment of further premium. The ship was agrounded from S-4 anchorage at the fore part on the west bank of Passur river at Chalna Port on 7-9-86 at 2050 hours when her anchor dragge......vessel was insured with the defendant-corporation under Marine Hull Policy No. SBC/M (Hull) HO/POL/04/86/ dated 8-4-86 effective for 3 months from 30-3-86, which was extended till 29-9-86 on due payment of further premium. The ship was agrounded from S-4 anchorage at the fore part on the west ......the need for owners to comply with the requirements of any mortgagees of their vessels who invariably insist on the protection of insurance policies for not less than the amount of the outstanding loan. The artificiality of insured value in hull policies and need for certainty of interpre..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......know about the transfer of the suit premises to the plaintiff. The defendant had been carrying on his business in the suit-shop from 1363 BS for about 29 years and had always been regular in payment of rent. The defendant has great stake in the suit-shop in connection with his business, fr......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ts; that the defendant is a defaulter and he has defaulted to pay rents of the disputed premises from September, 1975; that the plaintiffs required the suit premises for Construction of the undone part of their multi-storied building, construction of new gas, water and sewerage lines and for kee...... the rate of 50% per annum upon the rent; that the defendant has been running his business of confectionery, tea, milk, etc.; that plaintiff No.1 took rents from the defendant and he confirmed that payment of rent upto June, 1977 by we by granting a receipt on 4.7.77; that plaintiff No.1 from 3.......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....4 which has been described in Schedule A of the plaint to be within the Chittagong Municipality comprising one storied building with kitchen and latrine on the eastern portion of RS Plot No. 2136 (part) measuring about 2-1/2 gandas and RS Plot No. 2131 measuring 11/2 gandas in total 4 gandas of l...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst......in a position to repay. the amount as held by Amir Ali on the authority of Fatawa i Alamgiri and Radd-ul-Muhtar alluded to earlier It is thus difficult to say that it is in the nature of an ex gracia payment which cannot be claimed for a past period of time. “16. The main argument which formed ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ka University was accepted by the tender committee but instead of supplying new pumps, the respondent in collusion with the other respondents had supplied four old pumps by putting together different parts of old sets and painting them and then received Taka 9,20,000.00 on 8- 12-87 by practising dec......he Prevention of Corruption Act). 4. In respect of the other respondents, it was alleged that they had received the old pumps as new ones knowing that they were not new and issued certificate for payment of Taka 9,20,000.00 as price of the two sets and thereby abetted respondent Iqbal Hossain in......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
.... with him), instructed by Sharifuddin Chaklader, Advocate- on-Record - For the Appellant. SR Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For Respondent No.1. Ex parte - Respondent Nos. 2-10. Civil Appeal No. 89 of 1990. (From the Judgment and Order date......subsequent acceptance of Taka 99.00 from the defendants and the relinquishment of her right of re-purchase and the alleged right of redemption. 10. Mr. Khandker Mahbubuddin Ahmed submits that the payment of Taka 99.00 by the defendants to Begumjan was averred in the written statement in the Cont......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....nt ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of the rent and non-deposit thereof under section 19 of the Premises Rent Control Ordinance, 19......on by the end of February 1987 and on its failure so to do instituted the suit being Civil Suit No. 722 of 1987 in the 4th Court of Assistant Judge. Dhaka for its eviction on the ground of default in payment of rent. 4. The appellant contested the suit by filing a written statement alleging, inte......, 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 ..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....der discharged the Rule. 4. Although the deed dated February 19, 1980 has been described as a kabala the trial Court as well as the Appellate Court on the basis of the evidence on record, in particular, that of the scribe PW 2, concurrently found the deed in question to be a deed of gift;......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 ......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 ..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....above decision was followed by a Division Bench of the High Court Division in 1973 in the case of Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196, but taking a view that the dispute between the parties is over a question of title under section 38 of the Companies Act the appeal was directed t......re certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertaking (Ext. A) to that effect. By way of assurance for payment of the share of profits he gave an undated cheque for Taka 5,00,000.00 in favour of ......el Ahmed obtained signatures of the appellants upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertak..Category: Business or Commercial Law | Date: | Hits: 118
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