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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......t was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an application to the Ministry of Financ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......amp; 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in both the cases) With Civil Appeal Nos. 32 and 33 of 1999 (From the judgment and order d......quot;(a) That they are not made, sanctioned and published in the manner prescribed by the statute which authorizes the making of them. (b) That they are repugnant to the laws of England. (c) That they are repugnant to the statute under which they are made. (d..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......itioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) Judgement June 25, 2006 Lawyers Involved: Amirul Islam, Senior ......rs (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......o.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2. The case of the plaintiff in short was that the total quantity of the land of plot No. 1685 listed in t...... and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2...Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......t Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its misconception of the provision......making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land which is the subject matter of the suit. It was the case of the plaintiff that certain Yousuf Ali was the owner of the land in suit. He died leaving wi......, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land whic..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......t contain Bangladesh stamps as required under section 18 (1) of the Stamp Act. Mr. Sirajul Huq cannot be taken to have filed any plaint on behalf of the plaintiff. He cannot legally prosecute the case. The notice under section 106 of the Transfer of Property Act is bad. The Advocate appointed ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......e of the Wards of the Union, but the result of election for the whole Union has been published in the official Gazette. Both declaration and publication of the election have been challenged. In the case of Chairman's election Presiding Officers of all the Polling Stations, ordinarily one Polling......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......d to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned Advocate for the appe......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public Works (defendant No. 2) and the said case was decreed ex parte on 21.9.1977. Thereafter, in pursuance of the said decree, Money Execution......nt of the plaint………..(33) Cases Referred to- AIR 1936 (Madras) (FB) 205 and AIR 1945 (Patna) (FB) 1; AIR 1926 (PC) 9, PLD 1962 (WP) Lahore 137; AIR 1931 (PC) 107; Halsbury's Laws of England, Third Edition, Volume 15 p.171; In AIR 1956(SC) 593(601); LJ in Verschures Creameries Ltd. V. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......igned by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not ......hat defendant No.1 (since deceased and substituted by her heirs), a respectable old Muslim lady, then almost invalid and living in the same mess with her sons, expressed her desire to sell the suit land and structures in her ownership situated at Chittagong through her son and karyakarak, defendan..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......eal No. 3428 of 2001, 5469 of 2001 & 2093 of 1991, rejecting the death reference and allowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons bein......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......ch of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged an FIR on 2.7.1988 against the appellant and 6 others ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......amp; "G" to the plaint, confirmation of possession in the land of schedule "Ka" and recovery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint As....... 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confi..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......e Taxes Settlement Commission (writ- respondent No.2) to hear the application Nos.830-834 of 1998 afresh in accordance with law affording reasonable opportunity to both the parties to represent the case in accordance with law. 2. The writ-petitioner-respondent moved the High Court Divisio......ment Commission (Respondent No.2) and by the impugned order dated 26.10.98 (Annexure-F) the. Tax Settlement Commission reduced the assessment at Tk.2,25,000/- from Tk.3,12,000/- for transfer of the land in respect of assessment year 1992-93 and enhanced the family expenditure from 36,000/- to 60..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......e but they are trespassers in the Waqf property, that although they were tenants but they having had defaulted in the payment of rent regularly, are no longer the tenants of the Waqf Estate, that the cases have been filed in the Court of House Rent Controller only to continue unauthorized occupation......n the Waqf property. The accepted position is that the appellants are the tenants of the Waqf Estate under written agreement. This being the position it cannot be said that the appellants stay on the land of Waqf is that of a trespasser. In the background of the materials on record it cannot be said..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......s failed to get the suit land recorded in their names during the last S.A. operation and the suit land was wrongly recorded in the names of defendant No. 1 and his mother Gafuran Nessa. Their further case is that Gafuran Nessa and her heirs have no title and possession in the suit property. The wron...... against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......ferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was received by him from the said two persons. It was also the case of the plaintiff that the deeds of Ali Ahmed Khandker and Wali Mohammad Siddiqui are forged and......hed to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue re..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defend......g that all transactions made and actions taken by the defendants with the unauthorized persons in the purported name of importers for sale and supply of Birla Tyres in Bangladesh in underhand and clandestine manner during subsistence of the contracts/appointments/agreements with the plaintiffs w..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... Jute and in the matter of construction of Jute Godown and excavation of canal; that subsequently the said company become defunct; and the then Government of East Pakistan, filed three certificate cases Nos.3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said company for realization of arrear......rayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to..Category: Property Law | Date: | Hits: 40
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