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AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....promise of the suit and submitted a solenama in court at the time of hearing of the suit which has been marked as Ext. "A" but that the learned Subordinate Judge did not accept the solenama holding that the solenama has not been acted upon. It is the case of the defendant‑appellant that ......is a case of partition by metes and bounds of property belonging to a Muslim undivided family, the quantum of share of' which is required to be divided according to Muslim law of inheritance. Moreover, non‑signing of the solenama by one of the co‑sharers is not the only consideration in this..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
.... on the other hand, the defendants have no claim to CS Plot No. 298, and it has been decided concurrently on the basis of the materials on record including the commissioner's report that the suit holding stands on CS Plot No. 298 and Mr. Fakir Abdul Mannan does not have any submission against th...... No. 279. There was a local investigation by Mr. Md. Shah Alam, Advocate who submitted report on 1.1.1984 which was accepted on 5.2.1984. The Commissioner found that the suit land (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
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Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... Board established under the Ordinance Factories Board Ordinance, 1961 (Since repealed) are not civilian employees in any of the defence services but pure and simple Government Servants (i.e. persons holding civil posts in service of the Republic) serving under the said Board Under the said ordinanc......hman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judg..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahman Talukder, is that he is a bonafide businessman running a printing press at Madaripur Town at holding No. 799, Puranbazar, Madaripur. The petitioner was a tenant in the said holding under respon...... Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping the press clos..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
...., Sylhet Bench, Sylhet, in Criminal Appeal No.102 of 1984). Judgment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting t......l Court at the time of framing the charges amply show that the alleged offences were committed in the course of the Same transaction and thus the joinder of persons and charges in the same trial was covered by section 239 (d) of the Code of Criminal Procedure. He has submitted that the learned Judge..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....is at the instance of the Revenue formulating the following questions for our decision;
(I) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is justified in holding:
(a) That except employer's contribution to provident fund no other payment can be ...... 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" "managing allowance”, "devaluation allowance" and &quo..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....re liable to be set aside. It has been further contended by the learned Advocate for the petitioner that the court of appeal below has committed error of law 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 ......nt No.3 was void and illegal, the subsequent transferees i.e. plaintiffs of this suit did not acquire any valid right, or interest from proforma defendant No.3 vide kabala dated 28.3.75 (Ext. 1). Moreover, the terms and conditions of the said ekramama (Ext. A) equally bound the defendant No.2 and as..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84.
5. While in peaceful possession of the said land in plot No. 6434 bearing holding No. 91 B of Sylhet Municipality, through his predecessor in interest Duraram Upadhyaya after......Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
.... affairs of the management of the co‑operative society and for matters of election the Ordinance and Rules made thereunder provide for an Election Committee which is vested with exclusive powers in holding and conducting the election and the decision of the Election Committee is final. The learned...... Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others..........Respondents
Judgment&n..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....sdiction of the Administrative Tribunal.
12. Khondker Mahbubuddin Ahmed submitted that the impugned Rules are violative of Article 27 of the Constitution being discriminatory between the persons holding similar post and by the impugned Rules the respondent Nos. 4‑11 have been given seniority ......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Naimuddin Ahmed J
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Sec..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....d to the Government by application dated 18.5.91 praying for settlement of the Khaliajuri Group Fishery to them and that the settlement was given to the petitioner by the Government illegally without holding any auction as per rules on 8.5.9 1. The prayer was allowed after lengthy hearing by order d...... justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease.
Government cannot cancel any such lease of fishe..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....r it to be of temporary nature or necessarily give rise to inference that work is likely to be finished within limited period. Thus, mere appointment on a temporary basis is not the sole criteria for holding the work as temporary one. In the instant case the respondent Howladar has been serving for ......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....le portion of the land, the evidence are discrepant and contradictory and witnesses are all interested being related. The learned Court of appeal below reversed the finding of the learned trial Court holding that the defendant No.1 entered into the contract for the sale of the suit land of the plain......the plaintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within the month of Falgoon 1384 BS. On receipt of the aforesaid amount of earnest money the defendant No.1 handed over possession in respect of the cultivable portion of the suit land to the plaintiff. It was settl..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....on of Holding No.2/10, Block‑F, Joint Quarter, Mohammadpur, (Kha‑20) from the 'Kha' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and ......' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatra..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....quished office there was no scope for issuance of a writ in the nature of quo warranto. It was observed in that case that after relinquishment the question of showing cause under what authority he is holding the post did not arise. It may be mentioned that in the case in the nature of quo warranto t......n) Present: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3,..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....r appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committed an e......ossessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit. He, also filed a written objecti..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....s of 3 promoter directors (1000 shares each) were fraudulently transferred. There was total mismanagement in the matter of profit and loss account, issuance dividend, preparation of balance sheet and holding of annual general meeting and Board meeting of the company…………&h...... 18 CWS(C) South Avenue, Gulshan, Dhaka effective from 20.8.89. It is further stated that ex facie it appears that the petitioner has no cause of action and that being a stranger he is praying for recovery of money. The present proceeding under section 162 of the Companies Act is not maintainable. T..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
.... the order of reversion amounted to reduction in rank and it was void and &gal. The High Court Division upheld the order of the appellate court. 8. In 31 DLR 21 it was held that an incumbent holding a post for considerable long time is entitled to protection under Article 135 of the Constit......1986 passed by the High Court Division, Dhaka in Civil Revision No.71 of 1981). Judgment: MH Rahman J.- Respondent, Md. Fazlul Huq, was appointed as a clerk in the postal department of the Government in November, 1965, subsequently by an order dated 3.5.1972 he was asked to act as Inspecto..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....ed and well-delineated in the plaint, but was exclusively possessed by defendant No. 10 who delivered possession thereof to the plaintiff. He submits that the High Court Division acted erroneously in holding that a partition suit was necessary. 10. Unfortunately, these submissions do 6ot carry......Court of Munsif, Habiganj (originally TS No.132 of 1968 of the 44h Court) was for a declaration of his jote right in 20 decimals of suit land by gift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ance. Both the cases were heard analogously and by one impugned Judgment the cases were dismissed. 6. Mr. TH Khan first, submits that the Court of Settlement acted in excess of its jurisdiction in holding that as Nasiruddin and Mr. KA Dewan were served with notices to produce the title documents ......) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
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