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Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....verse title against the Mela Committee or the Government or the plaintiff, that it is the case of the plaintiff that it was dispossessed from 'Kha' schedule land in January, 1973 and as such as per provision of Article 142 of the Limitation Act the plaintiff was required to file suit within 12 yea......or 10 years since the date of dispossession and thereby allowed the defendants to believe that they are the owners of the land in suit, that the appellate Court against the established principle of law that the plaintiff is to establish his case and can not have the relief on the weakness of the d..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......e allowed their appeal. 28. The learned Counsel for the Sangstha defending its case against the directors argued that the directors being agents of the company, the general principles of the law of principal and agent regulate the relationship of the company and its directors. In the pres..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......nd 2086 of 2003 acquitting the convict appellants namely Shahidur Rahman alias Shahid and Tonai Mollah. 3. All the petitions are being disposed of by the same judgment as common questions of law and facts are involved therein. 4. The facts, in short, are that the deceased Advocate ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....r as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Zakat' is covered by the provisions of section 29(1)(XXVII) of the Income Tax Ordinance, 1984. It was contended on behalf of......aled and sought to be reviewed was quite elaborate and no exception has been taken by the petitioner as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Z..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ore enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated how this law gradually developed and settled in the sub-continent. Their Lordships held as under: “In India..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
.....12.1995. On consideration of the entire materials on record, it appears to me that the pre-emptor and the pre-emptee are co-sharers by inheritance, to be on equal footing. 14. Be that as it may, provisions for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 is not ap...... wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illegally affirmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and consid..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... BLD (A.D.) 104 it was held that the independence of judiciary is one of the basic pillars of our Constitution and cannot be demolished or curtailed in any manner whatsoever except under the existing provisions of the Constitution. 9. Since in Articles 98 or 95 or other provisions of the Constit......ion and one Judge or a group of Judges can not challenge the judgment passed by another Judge or a bench of Judges since that will amount to challenging their own judgment which is not permissible in law. ...........Moreover if this is permitted the practice will destroy the tradition of high decree..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......erred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars s..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....rial Court or appellate Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the Hig...... appellate Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the High Court Divis..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......ct Headquarter of Noakhali but has not been utilized for the purpose for which the acquisition was made but could not be utilized for any other purpose and as such, the petitioners are entitled in law to get the lands released in their favour and pending their prayer for release the issuance of ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....Court; that the census list in question produced before it by the respondent No.14 was not exhibited and proved in the trial Court and as such, the same did not have any evidentiary value under the provision of law; that the High Court Division ought not to have travelled beyond its jurisdiction...... the same till today but the plaintiffs illegally for getting the suit property filed the instant suit with false allegations and the plaintiffs are not entitled to get any relief according to the law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitt..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....strar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdrop of the facts stated in the Letter of Reference. (A) Whether the provisions of the Army Act, 1952 (Act XXIX of 1952) can be applied against the BDR personnel involve......said 3500 accused persons 26 are departmentally promoted BDR officers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten eminent lawyers including the President of the Bar participated in the proceeding having been asked by this ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......e leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst other..Category: Property Law | Date: | Hits: 38
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... Criminal Appeal No.3837 of 2003, Criminal Appeal No.3883 of 2003 and Criminal Appeal No.3810 of 2003 are allowed and Criminal Appeal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment. 3..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......t that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue and the suit property vested with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the plaint's case cont..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....n making a defaulter in payment of rent for 29 months a regular rent payer only on payment of one month's rent cannot be sustained. The learned District Judge appears to have failed to understand the provisions of Section 18 of the Rent Control ordinance as well as the meaning of defaulter under the......t cannot be sustained. The learned District Judge appears to have failed to understand the provisions of Section 18 of the Rent Control ordinance as well as the meaning of defaulter under the tenancy laws. 6. The S.C.C. Suit No.195 of 1984 has been dismissed by the S.C.C. Court observing, amongst..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
.... appears from the impugned judgment and order passed by the High Court Division that the leave petitioner bank has already encashed the pay order and thereby accepted the auction sale. In view of the provision of law to the effect that once an auction sale is complete no relief is available against ......le was discharged for default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original fil..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....defendant No. 3 having failed to produce the original deed gift, though called for, the defendant No. 4 was required to investigate into matter and the said defendant No.4 illegally and against the provision of law, in the absence of the said deed gift in favour of the defendant No.3 as successor...... 3 having failed to produce the original deed gift, though called for, the defendant No. 4 was required to investigate into matter and the said defendant No.4 illegally and against the provision of law, in the absence of the said deed gift in favour of the defendant No.3 as successor-in-interest,..Category: Property Law | Date: | Hits: 54
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