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Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....ellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......t is designed to protect a vendee from the fraudulent operations of a vendor. This section applies when the same vendor successively transfers the same property to different purchasers at different times. The cases of Jainullah and another Vs. Anu Miah and others, 9 DLR 258, followed by Abdur Rahm...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....al is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. As such he comes within the mi......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....llowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......llment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part or instalments of the loan and respondent No.1 had time to pay the loan upto 31st March, 1990, the last installment being fixed by the Bank for payment......evenue but such sum shall not be recovered unless fifteen days' notice has first been given by the Sangstha to the debtor and that" upon his so paying every instalment on or before the due date the recovery will be suspended but that it will otherwise proceed as to the entire sum outstanding in ca......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....erfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......f 1962). "(vii) in respect of any such building machinery or plant which has been sold, transferred by way of exchange, or is compulsorily acquired by a competent authority under any law for the time being in force, of discarded or demolished or destroyed in the previous year, the amount by whi......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....ppeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmuch as the pre-emption petition was within time……………(11) Cases Referred to- ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84

Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)

....gard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... Division, Dhaka passed in Writ Petition No. 1632 of 1988, filed by respondent No.1, the Bangladesh House Building Finance Corporation. 2. The appellant, a Supervisor, was posted at the relevant time at the Head Office of the Corporation in Dhaka and he was the organizing secretary of the Kar......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....on in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......ourt but having concurred with the finding that the service of the old notice under section 5(1a) along with that under sub-section (3) of the Act on 23.4.73 upon the plaintiffs giving only 7 days' time to file objection was not valid and legal, held that the Notification dated 25.6.73 under secti......tions 5 (1a) and (3) of the Act had not been served upon the plaintiffs, that the present suit was barred under Order 2, rule 2(1) of the Code of Civil Procedure as the plaintiffs omitted to pray for recovery of possession in the earlier suit, that the instant suit for the said relief was hit by A......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

.... are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......endment till date of the aforesaid rule. This rule has been in force since the days of the Dhaka High Court. It is strange that the rule escaped the notice of all concerned on two occasions, at the time of issuing the rule and then at the final hearing of the matter. Had the appellants been presen......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......te order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to controvert the cl......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......zumder entered into the suit premises allegedly without the consent of the District Judge or the Law Department and even without any allotment from the District Accommodation Board. At about this time in April, 1979 Mr. Pervez Mazumder was transferred. The District Judge informed the Deputy Comm......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)

....teps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......proposed manner makes it a commercial purpose other than the public purpose for which it was acquired. Hence it is contended that it will consume some lime to adjudicate the matter and in the meantime ad interim prayer for injunction restraining the defendants from construction calls for anxious......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....he learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......e decree which was registered as Miscellaneous Case No.23 of 1983. It was alleged that the summons was not served upon the appellant and that he came to know about the ex parte decree for the first time on 10.2.83. 3. Plaintiff-respondent contested the miscellaneous case asserting that the su......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......l 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised before the High Court Division o......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..

Category: Election Law | Date: | Hits: 125

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... order sheet that defendant Nos. 6 and 8-11 also objected to the local inspection but the learned Assistant Judge by his order dated 17.11.86 directed that the objection, would be considered at the time of trial and in the meantime the work of the Commission be completed. Now that the Advocate Com......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 94

Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)

....igh Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......t he had asserted before the High Court Division. His case is that the election could not be held in Rajanagar Primary School centre; that as there was serious obstructions and interruptions at the time of the election the Presiding Officer adjourned the poll under Rule 29 of the Election Rules an......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..

Category: Election Law | Date: | Hits: 114

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....ned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having be......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..

Category: Procedural Law | Date: | Hits: 132

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

.... Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......tion 42 of the Specific Relief Act (for want of future relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the C...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

.... the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ...... 4.1.54 and 5.1.54 by which .2125 ajut land out of C.S. Plot No. 17 was obtained by defendant 1 and defendant 2, the latter being the younger brother of the former and allegedly minor at the relevant time. This contention has been negatived concurrently by the trial Court and the High Court Divisi......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....he share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..

Category: Property Law | Date: | Hits: 45

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......een called away from his house were not uniform in their testimony and the fact that the G.D. Entry was made in the afternoon on the following day, although Motahar had been missing since Esha Prayer time in the night before, raises a doubt as to whether P.W. 1 and others had at all seen the respon�......y at the local police station naming the respondents as the persons who had called away Motahar from his house, that in the afternoon the dead body of Motahar was found in Dewarbhaga Khal and, on recovery thereof, was identified by his brother (P.W. 1), and that following police investigation th......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

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