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Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......e of Taka 10,000 (the same sentence of fine was passed by the trial Court) in default to suffer rigorous imprisonment for 6 months more (the trial Court awarded 2 (two) years rigorous imprisonment in case of default in the payment of fine Taka 10,000). 9. Prosecution case was that in the night of......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......e Rule upon observing "We have perused the revisional application, the impugned judgment of both the Courts below and heard the submissions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......the deed of sale is registered and the title effectively passes. After presentation of the deed for registration before completion of the registration under section 60 of the Registration Act, if the case is filed and compliance occurs during pendency of the case, pre-maturity of the pre-emption cas......s such the question of bar of limitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, learned Counsel for the appellant, submits that a "transfer" of pre-emptable land, effected by a registered document is to take effect under section 47 of the Registration Act a..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pec......lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... private limited company, has arisen out of a suit for eviction of the tenant on the grounds of default of payment of rent and the Company's bona fide requirement of the premises. 2. The Company's case is that the tenant took lease of the suit premises for running a canteen in the passage of the ......necesÂsary fixtures; that he supplied good food to his customers; that he was not a defaulter; that the ManagÂing Director of the Company wanted to start the canteen-business himself; that when the landlord atÂtempted lo evict him forcibly he instituted a title suit and obtained an order of injun..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... 9. Mr. Sk. Afzalur Rahman, the learned AdvoÂcate, contended that the expression "within the time allowed by the bank" is vague and can be considered both for and against the respondent and in such case the benefit should be given to the respondent. The contention, in other words, is that since th......its agreement the Sangstha may sell or realise the property, etc. to secure its liability to the Sangstha. Section 35 proÂvides that such sum due to the Sangstha shall be reÂcoverable as arrears of land revenue but such sum shall not be recovered unless fifteen days' notice has first been given by..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......on 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of t......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmuch as the pre-emption petition was within time……â€......Comilla Bench, were right in holdÂing that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-Âemption on the basis of contiguous ownership of the disputed lands would prejudicially affect the responÂdent as it would alter the nature and character of the ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ...... (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debtor in an execution case, being Money Execution Case No.791 of 1986 of the Court of Subordinate Judge and Commercial Cou......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... 2. The appellant, a Supervisor, was posted at the relevant time at the Head Office of the CorporaÂtion in Dhaka and he was the organizing secretary of the Karmachari Union of that Corporation. His case is that as a Trade Union leader he was not liable to be transferred without his consent to any ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......rsonation using his name. The trial Court, however, convicted the appelÂlant. 3. The learned Counsel appearing for the appelÂlant submits that the evidence has not substantiated the prosecution case and as such the conviction is bad in law. 4. The learned Counsel also informed us that the ...... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......Division to direct the Election Commission to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......in P.S. Motijjheel, for the Railway Board. PlainÂtiff-respondents' 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only grievance that......24 of 1988 and upholding the judgment and decree of the lower apÂpellate Court. 2. The matter arises out of an acquisition proÂceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. PlainÂtiff-respond..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ion under section 439 of the Code of Criminal Procedure against an order of acquittal inÂvolving an offence punishable with sentence of imÂprisonment exceeding one year. 2. Material facts of the case, briefly are, that the accused-appellants and respondent No. 1 are neighbours residing at 43/8 ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ultimate order refusing ......the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......erved: "This only shows that there were enough materials in the hands of the Election Commission on 13.6.88 to declare the petitioner as the elected ChairÂman of the concerned Union Parishad. The case of the petitioner that the Presiding Officer and The ReÂturning Officer after counting the vot......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......gment Badrul Haider Chowdhury J.-This apÂpeal by special leave is directed against the judgment and order of the High Court Division in Civil ReviÂsion No. 438 of 1983. 2. It is a pre-emption case. Pre-emption MisÂcellaneous Case No. 160 of 1974 was instituted unÂder section 96 of the Stat...... 1st Court, Dhaka. Later it was transferred to the Court of Munsif, Gazipur and it was renumbered as Pre-emption Miscellaneous Case No. 109 of 1983. Pre-emption was sought with regard to .70 acres of land out of 3.22 acres and the pre-emptor deposited Taka 4000/- with compenÂsation at the rate of 1..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 19......such by its order dated 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L...Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... No. 40 of 1989 has contended that in view of the decision reported in 38 DLR (AD) 172 and clear provision of section 24 of the Code of Civil Procedure later enactÂments need not be examined in this case. He has drawn our attention to the following from Maxwell's Interpretation of Statutes (Twelfth......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
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