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Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....;..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid du......death. 5. Mr. SR Karmakar, learned Advocate appearing for the plaintiff-petitioners, submits that the learned Judges of the High Court Division had correctly decided the principle of law enunciated in Section 205 of the Hindu Law but if in the meantime the property is damaged, wast..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....ered under the Companies Act, 1913 to treat the profit arising out of refixation of price by the Government on the stocks of the company as payable to the BPC can have any legal force to override provisions of IT Act. Considering all the facts, factors & circumstances de...... passed by a Division Bench of the High Court Division in Application No.133 of 1991 filed by the appellant under section 160 of the Income Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case are that, the..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ....... By judgment and order dated 19-5-96 a Division Bench of the High Court Division summarily rejected the application and held that the learned Additional Sessions Judge did not commit any error of law in allowing the Motion of absconding accused Ramizuddin. 8. It is against the sa..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......llip;….(22) (ii) the High Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (iii)..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....6-7-83 communicated the decision of the Ministry of Land Administration and Land Reforms saying that the proposed transfer of acquired land by the Railway Administration was in contravention of the provisions laid down in the acquisition manual and, as such, the Railway Administration could not ......appellant dated 9-1-8 1 (Ext 1(c) agreeing to transfer 12 acres of land in favour of the Jinardi Union Unnayan Parishad (by the Railway Administration) was not at all a valid contract in the eye of law as per section 23 of the Contract Act because the plaintiffs made their proposal to the Govern..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......rict Judge remitting the suit to the trial Court for passing decree on the basis of the said solenama. 9. A simple matter has been dragged to this court just for a lack of perception. Neither any law nor any difficult question of interpretation is involved in the matter. It was only a matter of ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ection 102 of the Waqfs Ordinance, which was rightly negatived by the High Court Division upon taking a correct view that section 102 is no bar to a determination by the Civil Court as to whether the provisions of an Act have been complied with or not. Mr. Md. Awlad Ali further reiterates his submis......ntiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....icial gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any defect in the preparation and publication of the....... Since the petitioner did not get any relief he filed the above-mentioned writ petition in the High Court Division to have the said order of respondent No.2 declared to have been made without any lawful authority. 5. It was contended before the High Court Division that no compensation as..Category: Property Law | Date: | Hits: 90
....t the High Court Division ought to have held that notice of the meeting dated 7-1-95 was duly served upon the plaintiffs and the meeting was duly held. Mr. Ahmed submits that non-consideration of the provision of sub-section (3) of section 89 has vitiated the impugned judgment.
10. It is not fa......ervice of notice upon the plaintiffs observed that the defendants did not produce a scrap of paper in support of their submission that they have all the records with them. Therefore, the provision of law referred to and relied upon by Mr. Ahmed will be of no avail without the foundation of minutes o..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....r of Customs, challenging the interim order passed in Writ Petition No.4254 of 1997 on 7-7-97, and questioning the basis and foundation of this power, inviting the Courts to open their eyes on the provisions of Article 102(4) of the Constitution. 2. The writ petitioner-respondent N......sdiction or clear or patent excess of jurisdiction or patent malafide without requirement of further proof. Interim orders may also be made in furtherance of public interest when gross violation of law is apparent on the face of the application, where grave injustices are perpetrated or are abou..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... daughters, namely, Jamuda Akhter Khatoon and Haimida Akhtar Khatoon. The accused petitioner Showkat Hossain Akanda Chowdhury is the nephew, of Sabirul Hossain Akanda Chowdhury and also his son-in-law having married Hamida Akhter Khatoon. Jamuda Akhtar Khatoon made a complaint that one year afte..Category: Criminal Law | Date: | Hits: 92
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......as totally wrong in holding that the accused petitioner cannot be tried under Act II of 1947 along with other Penal Code offence. Hence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Report..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nted to consider mainly broad submission that the other accused having been acquitted upon a disbelief of the prosecution case, the conviction of the appellant on the self same evidence was bad in law and discriminatory. 4. It is necessary to observe at the outset that we do not ag..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....;…………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Pari......been held by the Court below that the Union Parishad was not prejudiced as it contested the plaintiff’s suit. It is not a question of prejudice but one of fulfilling a condition prescribed by law before is filing a suit against a Union Parishad. 6. Mr. Karim has found himsel..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... plaint, the plaintiff made the statement that the copy of the notice under section 106, the postal acknowledgement receipt etc. had been filed along with the plaint presumably in compliance with the provisions of rule 14 of Order VII CPC. PW 1 in his evidence along with his other documents also pro......was not granted to consider whether (i) in view of the postal peon’s evidence that the notice under section 106 of the Transfer of Property Act had been duly serve, the High Court Division erred in law in holding contrary to the decision of this Division in the unreported case of Haque Brothers Lt..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......n in Writ Petition No. 2822 of 1996 making the Rule absolute and declaring Public Notification No. 21(95-96) Import dated 24 January 1996 (Annexure-A to the writ petition) to have been made without lawful authority. 2. CPLA No. 606 of 1997 has been presented by the Vice-Chairman, Exp..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......respect of the suit premises by way of purchase the Suit for eviction on the ground of default in payment of rents was to fail. The learned Judge of the High Court Division has, therefore erred in law in refusing to set aside the decree passed by the trial Court. 5. It is the consi..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... of their suit cases or that they resisted the search. He submits that they two foreigner-appellants from the very moment of the seizure of gold at the customs hall submitted meekly to the hands of law and never displayed any conduct or behaviour that is suggestive of any insolence or contempt o..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....atian Nos. 4512 and 4514 respectively situated to the north of the homestead of the petitioners who are washermen. The acquisition was challenged, inter alia, on the ground of non-compliance with the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (No. II of 1982)......cted the Deputy Commissioner, Dhaka to record an order to the effect that the acquisition proceeding stood abated. 5. Mr. SR Pal, learned counsel for petitioners, submits that there is an error of law apparent on the face of the record in deciding the matter in holding that the determination of t..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......he original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………………………..(5) Lawy..Category: Property Law | Date: | Hits: 74
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