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Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....o its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......udge should have allowed the petition of the petitioner-defendants under order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint instead of going into the question of law at the time of hearing of the original suit on the Principle that the parties should not be dragged unnece....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....he appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......- "6. Qualification, etc., of candidates.- (1) Candidates seeking licence of Nikah Registrar must possess Alim Certificate from a Madrasha Board established under any law for the time being in force. (2) A candidate seeking licence of Nikah Registrar must be of betwe......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....al. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......bitrator was more than 10% of the amount awarded by the Deputy Commissioner. It may be mentioned the award was made in the Arbitration Revision Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......rity concerned considered it necessary for the security of public peace to cancel his licence and that the petitioner will not suffer any irreparable loss if he does not possess any licence of fire arms. 6. The High Court Division upon hearing the parties made the Rule absolute. Hence this..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....o interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......uiry against the delinquent officer on the same cause of action set aside earlier by the Administrative Tribunal. In the said decision the appellant were dismissed on 7.12.1993 with a direction for recovery of Tk.2,09,70,909.47 who moved the Administrative Tribunal on 9.4.1996 which set aside the......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....e Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ...... writ petition. 2. The writ petitioner filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, that at the time of filing of nomination paper he was a bank loan defaulter and as such he was disqualified to ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....inabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction- (a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or perso......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....y and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... his tender accepted; that he kept no stone unturned to grab the disputed holding i.e holding No. 68 Motijheel C/A, Dhaka most illegally, that on 25-6-1992 plaintiff No.1 came to know for the first time that Syed Altaf Hossain has got said properties in his own name and in the name of his wife Mr......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....ind any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......t of Bangladesh and its officers were substituted, but it is to observed an enactment is to be read as whole and that sub-article (2) gave an option to the Government of Bangladesh to file at any time before the final hearing of suit or proceeding a written application that it shall not be a par......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....f the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... registration has been rejected by separate order". Then he proceeds with recording an order under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....nt by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......inal landlord the tenant can always show that the title is not perfect. The language of section 116 of the Evidence Act is clear enough to constitute estoppel between tenant and the landlord at the time of the creation of tenancy. This statutory estoppel, therefore, binds the original contracting...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....he period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ...... case where admittedly assessment-of income of a period exceeding twelve months was made treating the income of 1365 B.S. as previous year and thereby purporting the legalising the assessment for the time barred income, which the Income-Tax Officer was not competent to do. 7. Mr. C.R. Ali, the l......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......the non-preparation of the compensation assessment roll. The enactment made in President's Order No. 90 of 1972 clearly states that notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals applications and other l...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......he onus of showing that the lady really understood and intended to execute the deed of gift but it is not necessary to prove independent advice. It was further observed, that, "it is true that at one time it was thought that there was necessity for independent advice, but fortunately there are two......ered, into an agreement to recover the properties of the appellant from the clutches of her brother, and they entered into some kind of sharing of the interest arising out of the litigation. Before recovery of the property was over, dispute arose after the success in the suit, and was between the ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....vision set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......(4) by President's Order No. 24 of 1973. After all these amendments section 95 and 95A as stand today are as follows:— "95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other that ......1 filed the writ petition urging inter alia that the said order is without lawful authority, inasmuch as section 95A of the aforesaid Act does not cover the case of the pure sale with an agreement to recovery. An out and out sale accompanied by an agreement for reconveyance is within the purview o......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... suits prayer for declaration was made that the acceptance of the tender of the appellant was illegal and without jurisdiction. The present appeal arises out of the Suit No. 179 of 1979. In the meantime this Court in dismissing Civil Petition for Special Leave to Appeal No. 273 of 1979 arising out...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......rty is without jurisdiction or coram non judice or malafide………(11) Withdrawal of Martial Law or revocation of the Proclamation shall not relive any right or privilege not in existence at the time of such withdrawal or revocation. Lawyers Involved: T. H. Khan, Senior Advocate, instructe......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....peals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......n the economic zone, they were not triable or cognizable under the penal provision of the Customs Act, 1969, and whereas no rules have been framed under section 9(e) of the Territorial Waters and Maritime Zone Act, 1974, no action could be taken against the offending trawlers under this Act either. ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....te justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......s of the appellant were illegally invalidated and good number of votes were counted- in favour of Respondent 2." Abdul Jalil in the writ petition denied the material objections and stated that at the time of counting of all votes, no objection was taken by anybody regarding the counting of votes. ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......nce from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by...... 11. We need not refer to the other cases cited by Mr. Pal, but we would concentrate on the question of the rule of 'issue estoppel' as strenuously urged by him. His contention that the finding as to recovery of the gold from the appellant's possession is conclusive deserves careful consideration. M......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
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