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Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....tention of one Abdur Rashid, son of late Afezuddin Howlader, now detained in custody in Barisal District Jail, has been called in question. 2. The detenu, Abdur Rashid, was taken into custody in execution of an order of detention passed by the District Magistrate, Barisal on 24.9.93 under secti...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... 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 ...... 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 ......at he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of the case land alon..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petitioner by conveyance deed for a period of 99..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....
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
......
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
......a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No. 5 Road No. 6 Block E section 2 by lease deed dated 17.5.79. A master plan was prepared and sanctioned by the competent authority for constru..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....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 stores either in the country or ab......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 ......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)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......sional Commissioner, on the face of the record, is mala fide and arbitrary. There was no allegation against the petitioner that he has acted illegally or there existed any irregularity in the auction sale and that there is any other illegality or irregularity. The action of the Divisional Commission......etitioner was delayed by few days but deposited the balance Taka 58,000.00 on 6.5.91 into Bangladesh Bank, Sylhet Branch by chalan, Annexure‑U. Thereafter, the petitioner executed a bilateral lease deed with the People's Republic of Bangladesh represented by the Additional Deputy Commissioner ..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 ......ers, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving rise to this R......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 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
...... the case of CIT Vs. Kanan Devan Hills Produce Company Ltd. 119 ITR 431, relied upon by Mr. Bhuiyan, the facts were that the assessee company which carried on business in cultivation, manufacture and sale of tea claimed deduction, amongst others, of amounts paid as "overseas allowance" &qu......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)
....stricted themselves in the enjoyment of their absolute right in the lands in question by putting a restriction on its transfer to any 3rd party other than the pro‑defendant No.3 and vice‑versa by execution of the said ekrarnarna Ext. A in favour of the vendor i.e. pro‑defendant No. 3 thereby m......w apparent on the face of the record in not holding that the Kabala dated 31.3.69 did not create any absolute interest in favour of the vendees defendant Nos.1 and 2, rather it was transfer by way of sale with an encumbrance and as such section 11 of the Transfer of Property Act has no manner of app......in 25 years, they would execute and register a kabala of reconveyance in favour of the said vendor Musim Ali. Further case of the plaintiffs‑opposite parties was that they purchased by a registered deed dated 28.3.75 the right of re‑purchase from the said Musim Ali, the profoma defendant No.3 fo..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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.
...... Then he transferred the land to the petitioner for a consideration of Taka 3000.00 by a registered kabala dated 4.8.72. The kabala was executed and registered in pursuance of a Deed of Agreement for sale by Duraram earlier made on 5.1.68. Thereafter the petitioner mutated his name in the khatian vi......overnment wanted to claim title in the property in question it could only do so by way of appropriate suit for declaration of tide and cancellation of the petitioner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
.... 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
......erministerial meeting was held on 16.2.88 and it was resolved that local manufacturers of electric meters will get the same tested by the PDB and supply the same, in plastic cover through dealers for sale in the open market and the same shall be effective from January, 1989 and after that import of ...... 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
....fishery on payment of the necessary premium cannot be taken away arbitrarily and it has been further observed;
"It is true that until lease deed gets approval of the authority concerned and execution of the lease deed was not completed lessee's full right as such did not accrue, but th......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......e.
Government cannot cancel any such lease of fishery arbitrarily without giving the lessee an opportunity of being heard and without showing any breach of the conditions stipulated in the lease deed…………(6)
Cases Referred to-
Lutfu Hiah Vs. Government of Ba..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
.... 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in d......portion of the suit land to the plaintiff. It was settled that the defendant No.1 on receipt of the balance of the consideration amount within Aswin 1385 BS would execute and register regular deed of sale in favour of the plaintiff and then would deliver the homestead portion of the suit property in......tivable portion of the suit land to the plaintiff. It was settled that the defendant No.1 on receipt of the balance of the consideration amount within Aswin 1385 BS would execute and register regular deed of sale in favour of the plaintiff and then would deliver the homestead portion of the suit pro..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....shery in question was put to auction for several times but no fishermen society came to participate in the auction, that the respondent No.5 had filed an application to respondent No.4 long after the execution of the lease deed Ext. C dated 21.3.89 and that the said application of respondent No.5 wa......nt No.5 could show no proof and that the respondent No.5 came to know about the settlement of the said fishery in favour of the petitioner when a notification for auction was published on 30.3.90 for sale of the fisheries under Madaripur District excluding the disputed fishery and on enquiry came to......00 as rent for the said Jalmahal for the year 1396 BS by annexure B (Duplicate Carbon Receipt) dated 13.2.89 at 25% higher rent than the previous year’s lease money. Thereafter on 21.3.89 the lease deed Annexure ‘C’ was executed between the petitioner and respondent No.4, Additional Deputy Com..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....dor having failed to execute and register the necessary Deed, the petitioner filed Title Suit No.67 of 1975 against said Qumrul Hoque and obtained a decree for specific performance of contract and in execution of the said decree obtained a kabala through Court on 25.9.79 and thereby the petitioner b......
6. The respondent No.2 Government of Bangladesh, 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 for......he respondent No.2 Government of Bangladesh, 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 b..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....he law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the pe...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....l not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. In this case no law is required to be declared unconstitutional but an execution order and so the said principle has no application to the present case. The learned Additi......that the purpose of detention was not to prevent the petitioner from doing any prejudicial act but for collateral purpose to recover the alleged loan of Shilpa Bank and after recovery of the money by sale of the property according to the direction of the respondent the petitioner was released in con......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......87. Defendant No.1 received that notice on 10. 10. 1987. On the defendants' request the plaintiffs gave information about the Bank account numbers of the owners, and sent photo copies of the sale‑deeds to the Corporation. Instead of paying rents to the plaintiffs the Corporation requested......ant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....ntenced to suffer simple imprisonment for 4 months and in that view of the matter, the lower Appellate Court in exercise of its power under section 426 of the Code of Criminal Procedure suspended the execution of the sentence, pending filing of the Revisional application before the High Court Divisi...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......pondent No. 15, Islami Bank (Bangladesh) Ltd. It is a profit earning establishment. 6. It is further alleged that the petitioner intentionally and with ulterior motive suppressed the facts as to sale and transfer of his shares and by all other sponsor‑shareholders including the petitioner to ......he respondent No. 2 was neither a share‑holder nor a director of the company and respondent No. 3 had no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of th..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
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