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Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....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. ......n the facts and circumstances we direct the parties to bear their own costs. Ed. ......bsp; Amirul Kabir Chowdhury J. - This appeal on leave is directed at the instance of the respondent No. 3 Md. Yousuf Aii calling in question the judgment and order dated 15.04.1999 passed by a Division Bench of the High Court Divis..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....enior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease ...... for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in the schedule-1 to the plaint belonged to Manitara Chanda and the schedule-II land......the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....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...............Respondents. Judgment November 16, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files ...... find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......ell as some others land was acquired upon starting L.A. Case No. 13 of 1987-88. The affected persons of the L.A. Case No. 13 of 1987-88 other than the Respondents filed some arbitration revision case questioning the correctness of the award made by the Deputy Commissioner. The Arbitrator in those re..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....al Police Station. While it was felt necessary for protection of the person and property of the petitioner, he (petitioner) obtained license in his name and got the said gun and the same is in his possession on obtaining renewal of the licence and the gun was never used in any unlawful activitie......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. ......gh Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ction 19 (A) of the Arms Act arid Sections 3 ad 4 of the Explosive Substance was started against him and charge sheet was submitted in the case. Accordingly the authority concerned considering the question of security of public peace has cancelled his licence being licence No.7/84. It is further..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....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. ......spondent about waiver, acquiescence of the appellant and estoppel from proceeding with further enquiry under rule 11 (3) of the Rules, 1985 at the belated stage. 19. In Halsbury's Laws of England, 3rd Edition Volume-14 page 637, “Waiver is the abandonment of a right, and is either e......dul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwary, Advocate-on-Record- For the Appellants ......uthority preferred no appeal against the said judgment and order dated 15.9.99 passed in A.T. Case No.84 of 1996 before the Administrative Appellate Tribunal and accepted the judgment and order in question. Thereafter, the authority in the Ministry of Social Welfare by their order dated 4.5.99 t..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......e allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... 6 BLD (1986) AD 305 for the above proposition. 8. The appeal has not been opposed. In the case of Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another reported in 1984 BLD (AD) 97, the question arose as to whether the partner can be charged by his co-partner with an offence for the br..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......erference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......tition. 9. In support of the petition Mr. Saiful Reza, learned Advocate submits, inter alia, that Mr. Md. Amirul Islam the learned Judge of Artha Rin Adalat in question has not been appointed by the President in accordance with provisions of Articles 115 and ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....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. ......ount to the Bank, i.e. plaintiff of the Artha Rin Adalat case and that auction purchasers in the Execution Case No. 96 of 1991 by their purchase have not acquired any right, title and interest in the land belonging to the appellant. 11. The contention of the appellant is that Respondent No.1 Utt......y the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......xplanation II to section 20 of CPC is that a Corporation would be deemed to carry on business at the place where Head Office / sole or Principal office of the Corporation situates and that in case of question of cause of action it would be that the cause of action has arisen at the place where the C..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......he aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......sion; while dismissing the leave petition considered that the High Court Division in consideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdicti..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....0(ten) storied building in the said property; that thereafter Abdul Khaleque Bain started partnership business with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical possession of the said holding; that due to financial problem Abdul Khaleque bain propo......rt, Dhaka and renumbered as Title Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased ou......ut, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... Hossain at the time of accepting his tender; that there is no cause of action for filing the suit; that since the plaintiff did not participate in the tender, therefore he can not raise any question regarding acceptance of tender of Syed Altaf Hossain; that the plaintiff has got no legal ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....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: ......and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......rdinate Courts and the counter argument of Mr. A. W. Bhuiyan that the existence of abatement laws mentioned in the sub-paragraph is without any limitation need not be gone into. 4. Turning to the question of Mr. Ishtiaq Ahmed that substitution having taken place in April, 1972, before coming 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)
....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. ......tive. There will be no order as to costs. Ed. ...... Tribunal and the Tribunal by a consolidated order allowed the appeals and set aside the orders of the Income-Tax Officer and directed renewal of tie registration of the firm for the years in question. Against the order of the Tribunal the appellant then filed an application under sect..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... after Agrahayan 1371 B.S. 4. The defence of the tenant was a challenge to the exclusive ownership of suit premises by the appellant. He also challenged the facts of his sole induction into possession by the Appellant, the legal validity of the notice u/s 106 of the Transfer of Property A......of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. Plaintiff-landlord claimed exclusive ownership of suit premises. He further stated that the original monthly ......interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......nnas owner of the premises on the basis of the family arrangement; it was held that such a claim of ownership without a registered deed could not be sustained as no title passed to the appellant. A question was raised before the learned Judge that the tenant-defendant attorned to the appellant as..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......whether in terms of section 3 of Act XII of 1967 amending the Ordinance No. XIX of 1959 the appellant acquired the right of renewal of the licence on payment of compensation for the land. 4. Facts in short necessary for disposal pf the appeal are like this: the site of the ...... set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......iii) of the proviso to sub-section (1) of section 2 of Ordinance XIX of 1959. He submitted that in terms of the said provisions the appellant was entitled to continue the cattle market in question on the basis of a licence to be granted by the authority or the land could be forfeited on..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....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. ......s allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ivision in Reference Case No. 2 of 1969 made under section 66(1) of the Income-Tax Act by the Income Tax Appellate Tribunal. The Tribunal asked the opinion of the High Court by framing to following question: "Whether in the facts and peculiar circumstances of the present case, the Tribunal wa..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)
....; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to continue in possession and management of the Debuttor Estate; and (7) for a permanent injunction res......n assessment roll had not been made. The plaintiff-respondent filed the suit for declaration of title and for permanent injunction with following prayers:— "(1) that the lands and fisheries described is schedule plaint appertenant to the Plff-Debuttor Estate; ...... that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... Ex Parte—Respondent Nos. 1 (a)-1 (d). Judgment: K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in l..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... fabricated and in that context the observation set out above was made by the Privy Council. 11. In Walid Khan vs. Raja Ewaz Ali Khan I8 I.A 44, the suit was filed for declaration of right to possession of certain villages under a deed or will purported to have been executed by Rani Shaha Bi...... rule to the facts of the case; and whether the rule has been adequately stated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controversial matters, are that the land in suit belonged to Sujan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughte......e. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... 1979. (From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validi..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
.... 1979. Result: The petition is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of trans......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......Supreme Court Appellate Division (Civil) Present: Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others…......nts having failed to get any relief from the Government filed the writ petition which was contested by the petitioner. The learned Judge of the High Court Division directed to release the premises in question from the list of Abandoned Properties and restore it's possession to the Respondents. The o..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revision No. 152 of 1974). Judgment: Badrul Haider Chowdhury, J: — In this appeal by special leave a question of public importance has been raised as to whether the High Court Division was correct in d..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....s cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer sh......ers were proceeded on one common ground of validity of some laws which will be mentioned hereafter. 2. Facts of the case in writ petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to reconvey the said land. The agreement is dated 26.4.......ourt Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ed and a new section being section 95A has been inserted in the said Act. A number of writ petitions were filed and the High Court Division disposed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificate was..Category: Property Law | Date: | Hits: 85
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