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Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....gations including a partition suit between, the alleged original co sharers of the properties of the said business firm and ending in the court of law. It is not desirable for me to go into all those disputed questions of title. 18. On perusal of the impugned judgment, it appears that the learned......nd the defendant’s kabala being of a later date is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission o..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......on 295A of the Penal Code, but it was a case under section 153A of the Penal Code. Against the judgment, an appeal was preferred before the Federal Court which reversed the judgment of the High Court holding that the High Court was not empowered under section 99D of the Code Criminal Procedure to al..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....r wives should be ordered either to pay maintenance to their wives or divorce them. It was further directed that in the event of divorce, they should also remit arrears of past maintenance. It is not disputed that no exception was taken to this direction of Caliph Umar. The argument of the Hanifites......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....nt of section 9 of the Artha Rin Adalat in 1990. 4. The defendant opposite parties appeared and filed a joint written statement on 29.8.91. In the said written statement they admitted the loan but disputed the claims of the plaintiffs and also made a counter claim of Taka 2, 67, 04,706.91 against......cannot file a counter claim in Artha Rin Adalat. The said application dated 19.10.91 was heard by the trial Court on 12.11.91 and the said application of the plaintiff was rejected by the trial Court holding that the counter claim was made under the relevant provisions of the Code of Civil Procedure..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....f the property from the minor. 17. Mr. Moinul Huq lastly argued that plaintiff‑appellant No.2 having attained majority in the meantime and expressed his intention thereafter to own the disputed contract there should be no difficulty in allowing the specific performance of contract no......saction would be void and the transfer may not take effect. But a distinction must be drawn between cases of contractual liability which a minor agrees to undertake, and obligations attached to the holding of property. Even in cases of pure gifts it is clear that there is an obligation on the par..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....arty in his Title Suit No. 19 of 1986 is that the petitioner and the opposite party being full‑brothers and that the petitioner being the eldest brother, both of them jointly took settlement of the disputed land from the previous owner but that the petitioner fraudulently instituted Title Suit No.......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ......led to exercise their jurisdiction in not forwarding the recommendation of the review forum to the President for approval and also acted in excess of their jurisdiction in taking decisions themselves holding that there is no reason for implementing the recommendation of the review forum. The learned..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....ation before the learned Magistrate that there is apprehension of serious breach of peace over construction of the said 1” high wall obstructing pathway of the 1st party‑opposite party in the disputed land. We, therefore, find no substance in the contention of the learned Advocate for the pe......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....mmad Hoque Chowdhury, being dead his heirs: Mohammad Ali and others). In para 5 of this decision it has been observed as follows: “As to the observation of the High Court Division that the disputed figures in the judgment were put deliberately by the trial Court, we do not find any basis ...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....sion Bench that an award can be set aside on the ground of an error of law as being judicial misconduct if the error appears on the face of the award. It is a well settled principle of law and is not disputed by the learned Advocate for the respondent. Mr. Akhtar Imam has further referred to the cas......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... with the withdrawal of the Martial Law on 10.11.86 by a proclamation and in that view of the matter there remained no competent authority to review the order of retirement of the petitioner. It is undisputed that the petitioner while holding the post of Sub-Divisional Adjutant of Ansars and VDP was......terference by the Review Committee. The learned Advocate submitted that the processes were issued for reviewing the order of retirement of the petitioner passed under MLO 9 of 1982 and intimation for holding review was given to the petitioner asking him to send back the prescribed form within the da..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

.... and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Anne......der Article 102(1) as well as Article 102(2)(a)(ii) of the Constitution. 11. In the result the Rule is made absolute and the inclusion of the petitioner's House No.4 of Block No. SW(F) being holding No.3 Road No.6 of the Gulshan Model Town under PS Gulshan, Dhaka under serial 38 in the Gaze..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... Dhaka for residential purpose and the same has never been released or derequisitioned. The claim of the petitioners that they are the successors‑in‑ interest of the original owners has also been disputed. 8. Besides the application and the affidavit-­in‑opposition filed on behalf of ......rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ...... documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of their respective case. 5. Court below decreed the suit on consideration of evidence on record holding that the defendant No.1 executed the agreement Ext.1 for herself and on behalf of her minor ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ......us character of the person charged, make an order or recommend to the authority empowered to pass an order. Mr. Khan having drawn our attention to the requirement of recording evidence by the officer holding enquiry submitted that taking or recording of evidence without administering oath by the enq..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ......gment in the Miscellaneous case for pre‑emption, it appears that the petitioner is the owner of the acquired land on the basis of his purchase from the admitted owners and a co‑sharer in the case holding sought to be acquired and has a right to protect his interest against any illegal acquisitio..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ......oner was victimized as he was a member of the opposite camp of the Bangladesh Biman Workers Union. 3. Thereafter one Md. Jahangir Alam was appointed as Administrative Officer (Investigation) for holding enquiry and the petitioner was found guilty of the charges brought against him. Consequently..

Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ...... been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting as the rightful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad ..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

.... upon an application for winding up of the Bank, the Dhaka High Court made an Order on 26.5.50 winding up the Bank; and it was held therein that at the date of institution of the suit on 31.12.56 the disputed account was no longer a mutual open and current account, the same having been closed long a...... this Appeal by the Defendants. 6. Mr. Asrarul Hossain. the learned Advocate appearing on behalf of the Defendant-Appellants, has contended that the learned Subordinate Judge erred in Law in not holding that the suit was barred by limitation and. as such, the decree was liable to be set aside. ..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....ourt's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her name and married Abdul Khaleque voluntarily have not been disputed by the opposite party under oath. The Medical Examination report was neither challenged nor...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3