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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction sale is not effective in law as the rent suit was filed by not impleading all the co‑sharers landlords as party to the..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......to agree with him as in the Second Appeal the learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court, which to my mind does not suffer from any error of law or defect in procedure calling for any interference by this Division. 19. Before going ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......statement clearly described Ext. B as a will and also so argued before the trial Court and the two Courts below on consideration of Shisir Chand Lahiri's book on Principles of Modern Burmese Buddhist law clearly stated that a Burmese Buddhist cannot make a will. Ext. B is therefore inadmissible as a..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....the world; it affords a ready means of proof of the contents of the Will: see Ss 41 and 91, Evidence Act; and it is a complete answer by the executor to any challenge of his authority as such. The provisions of the section do not, in their Lordships' opinion, suggest that before probate the exec......t land was extinguished by adverse possession of the contesting defendant for more than 12 years. 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... continuing and that arose in and through an enforceable contract with its employees. 8. On 29.3.1984 the revenue made a reference to the High Court Division raising three questions of law, two of which were not answered by the High Court Division as they were neither raised nor dec..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... 3. This order of the trial Court was challenged before the High Court Division and the learned Judges of the High Court Division summarily rejected the application holding, inter alia, that the provision as contained in rule 18 of Order VII of the Code is directory and not mandatory and non&#......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ntry the judgment was reserved. On 6th December, 1990 there was a change in the administration. By Act No. 23 of 1991 a new section, section 6A, was inserted in the Act VII of 1981 declaring that the provision of Article 102 of the Constitution shall apply in relation to the Administrative Tribunal ......ate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial question of law as to the interpretation Arts. 102 and 117. 4. Civil Appeal No. 35 of 1987 was heard in June..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....e shall prevent a woman from being elected to any of the seats provided for in clause (2)." 2. In the original Constitution, passed by the Constituent Assembly, there was a similar provision for reservation of 15 seats for women for ten years in addition to 300 seats for members...... is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid. Provided that nothing in this clause shall prevent a woman from be..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....by this Court in the case of ASA Noor Vs. Registrar, Joint Stock Companies, 33 DLR (AD) 315. The Service Rules of the Company are incorporated at page 230 of Part 1 of, the Paper Book. There is no provision for serving a second show cause notice against the proposed punishment in the Service Rul......as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was hi..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......se having failed they cannot be permitted to turn round and plead adverse possession against their own admitted landlord. The High Court while making reference to the aforesaid principle of English law also observed: "It is true, that by the ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
.... same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's submission that the mandatory provisions contained in Order V, rules 16 and 18 of the Code of Civil Procedure for service of summ......he Ministry of Works by DWI Abdul Gani obtaining signature and seal of the said ministry. DW 1 has also deposed in support of the same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....nts filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (Rev) Bakerganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to,...... learned Munsif in his judgment is quoted below: "It is abundantly clear that no transfer could have been effected by the deed of release ie the Muktipatra (Ext. 7). The learned lawyer for the defendant argues that the recitals in Ext.7 would show that the plaintiff No. 2 was..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....nk it necessary to consider the aforesaid documents. 12. Leave was granted to consider whether the High Court Division misdirected itself in taking the view as above without considering the provision of section 118 of the Transfer of Property Act and further in not considering the aforesa......ted with her sons in the suit property, that defendant No. 1 had an agreement with them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....ĻšāĻāĻ¤ā§ āĻā§āĻ°āĻšāĻŖā§ āĻāĻĨāĻŋāĻ¤ āĻāĻŽāĻžāĻāĻŽāĻŋ āĻāĻĒāĻ¨āĻžāĻ° āĻ¨āĻŋāĻāĻ āĻŦāĻŋāĻā§āĻ°āĻŋ āĻāĻ°āĻŋāĻ¯āĻŧāĻž āĻ¸ā§āĻŦāĻ¤ā§āĻŦ āĻ¤ā§āĻ¯āĻžāĻā§ āĻšāĻāĻ˛āĻžāĻŽāĨ¤â 7. The provision for reconveyance is as follows: âāĻāĻā§āĻ¤ āĻŽā§āĻ˛ā§āĻ¯ā§āĻ° ā§¨ā§Ļā§Ļ/- āĻĻā§......anted to consider the question as to whether Ext.1 is a kot moorage or an out and out sale with a condition to reâpurchase, involving as it does the construction a document. 5. It is the settled law that the document in question itself read as a whole will primarily determine whether the docume..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....evidence and case made out that the certificateâdebtors were in possession at the date of the sale, Article 138 of the Limitation Act was not attracted. The learned Assistant Judge also noticed the provisions of Article 137 and having found that there was no evidence as to when judgmentâdebtors ......According to the plaintiff of OC Suit No. 109 of 1970 the disputed property was put to auction sale in Revenue Case No. 161 of 1949â50 (Pab) for arrears of revenue and Hemaprova Debi, motherâinâlaw of Ananta Bandhu Sen, auction purchased the same. She took delivery of possession after obtainin..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....irection as above only on the basis thereof. We are appalled to notice the inept and incorrect expressions used in the discussion in the judgment, failure to grasp the facts of the case and the legal provisions and the sweeping remarks made without proper appreciation which have marred the entire ju......asers, arise out of the same judgment and order dated 11 February, 1991 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Writ Petition No. 6 of 1991. Facts and law involved in the two appeals being the same, they have been heard analogously and will be dispose..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......annot help the conclusion that the trial court in effect found a case of acquiescence in favour of the preâemptees". It is to be seen whether this view of the learned Single Judge is sustainable in law and fact. 7. Basis for applying the principles of acquiescence and waiver is found to be the..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......tely and record its finding. In this case, however, neither the Trial Court nor the High Court Division considered the evidence in that manner and recorded their findings as are required under the law. Tire learned Deputy Attorney‑General appearing for the State felt obliged to concede tha..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....n. The powers thereunder being extraordinary in nature should be exercised sparingly and with caution and only where such exercise is essential and justified by the tests specially laid down in the provision itself. It is now well‑settled that a second revision does not lie to the High Cou......been held that the section (145) contemplates actual possession on the date when the preliminary order is passed. Actual possession is not the same thing as a right to possession, nor does it mean lawful or constructive possession. The crucial point to be decided is as to who is in physical poss..Category: Criminal Law | Date: | Hits: 53
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