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Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......cord. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of a...... good for the suit as well and no fresh application to bring the legal representative of the deceased party on the record of the suit would be necessary”. Although the facts of the case are distinguishable from those of the present one, but the principle of law enun..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......d on 1-1-90, which is contrary to section 106 of the Transfer of Property Act. 5. All the courts below found that the petitioner was a defaulter in payment of rent and therefore the question whether the lease expired on 1-1-90 is not very material. 6. Mr. Pal next s......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... been fraudulently created to grab the suit property illegally. Respondent No.4, the then Dhaka Improvement Trust, now RAJUK, as defendant No.3, had also been contesting the suit by filing another identical written statement denying the allegations of the plaintiff, stating therein that the suit......ility for not placing the adjournment application before the presiding Judge, there is no basis for holding the plaintiff guilty of committing fraud upon the Court to manage the ex parte decree in question. 11. Leave was granted to consider the following submissions made on behalf ......urt and he did not ask the Bench Officer of the court whether the defendants had taken any step in the suit. Mr. B Hussain submitted that the trial Court itself on consideration of the above stated facts held that a fraud had been practised on the court in obtaining the ex parte decree in questi..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....es and he then applied for formal release order and advance travelling allowance which were not allowed by respondent No.3; that on 20-4-86 respondent No.6 issued another show cause notice with the identical charge, as noted earlier and he again denied the charge. 5. It was also all......e from duties and misconduct being not authorised by law, the Appellate Tribunal was justified in setting aside the impugned judgment of the Administrative Tribunal. 13. Now the main question is, whether in the facts and circumstances the plea of double jeopardy is available to res......spondent No.1 reversing the Judgment and order dated 30-5-91 passed by the Administrative Tribunal Dhaka in dismissing Administrative Tribunal Case No. 129 of 1987. 2. The relevant facts are respondent No. 1 AKM Yusuf Mia, an Upper Division Assistant of the office of the General ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ed in sections 51,52 and 54 of the said Act and as such the learned Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution. Thus on careful consideration of the facts and law involved in this case, we are of the view that the judgment of the High Court Divisio..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......as no date mentioned in the letter of authority but it (date) appeared mysteriously while the same was lying in Court. The High Court Division observed that it was not possible to decide the disputed question.
12. Be that as it may, what does it matter if the Chairman had already authorised the......itioners, the same naturally deserves to be addressed first. Section 25 provides that no Court shall take cognizance of any offence punishable under the Ordinance except on a report in writing of the facts constituting the offence by an officer authorised in this behalf by the Commission; and no Cou..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......roperty so that on account of vagueness disputes do not erupt. In this view of the matter we find no reason to interfere with the impugned judgment. Furthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This C...... in its revisional jurisdiction. 6. We have considered the submission and also perused the judgment of the High Court Division. We find that the impugned judgment has dealt with some unnecessary facts. But notwithstanding this, the High Court Division has rightly pointed out that an order of ma..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......lf-same grounds have been urged before us. 6. The facts alleged in the petition of complaint undoubtedly disclose criminal offence and it is not a case of civil nature. So far as the question of jurisdiction is concerned the High Court Division has aptly pointed out that since in ......d-petitioner approached the High Court Division with an application under section 561A of the Code of Criminal Procedure for quashment of the said proceeding mainly on the grounds viz, (i) that the facts disclosed in the petition of complaint had no ingredient of any criminal offence and the dis..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......ering the materials before him, ought to have deferred the matter till the time of framing of charge. 5. The contention of the learned Advocate seems to be reasonable. Whether in the facts of a particular case a higher section is attracted can be considered at the time of framing o..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ed 30-11-1992 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 ......on 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 appellant is a private limited company registered under the Compan..Category: Fiscal/Taxation Law | Date: | Hits: 97
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. ......e, submitted that in any case the impugned judgment should not be allowed to survive. 14. Dr. Kamal Hossain learned Counsel, appearing for the respondent, submitted that if it were a question of ordinary dismissal from service under ordinary law in normal times then the bar under A...... (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) An order to be effectiv..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parishad faced difficulties in implementing the project. The plaintiffs sent...... and realized land development tax from the respondents for the possession of the land in Suit and on the other hand, the appellant did not prove, though it was within their exclusive knowledge the facts as to how and in which manner the Railway Administration had acted in this matter and in what..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. ......eal, by leave, defendant Nos. 45-47 in a partition suit being Suit No. 74 of 1979 of the Title Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and......tle Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether the High Court Division was justified in uph..Category: Procedural Law | Date: | Hits: 149
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......to and possession in the fishery. Respondent No. 2 found that compensation assessment roll in respect of the concerned village was finally published on 3 March 1962 and accordingly, the fishery in question had vested in the Government under the provision of the said Act. He therefore rejected th......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... in Order 43, rule 1(r) of the Code of Civil Procedure. 2. The plaintiffs have now presented this petition seeking leave to appeal therefrom. They contend, that having regard to the facts of the case, the High Court Division was not justified in discharging the Rule. ..Category: Procedural Law | Date: | Hits: 109
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138........ It is not fair to blame the High Court Division of non consideration of the said provision or any provision without making any submission before it on the basis thereof. However, the sub-section in question lays down a rule of evidence which can be invoked subject to proof of minutes of the procee......rlier occasion, an order of injunction was found to inappropriate but the same cannot be a routine matter to be followed under all circumstances.
13. Mr. Ahmed upon referring to certain disputed facts as to difficulty of running the company involving the two Executive Directors (which we do not..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......to run on illegal collections as well. Lest what appears to be illegal on first impression turns out to be legal after all, a Bank Guarantee is a sufficient protection to a taxing authority’s questionable demand…………………[21 (9)] Writ-pet......ions from relevant quarters. He or his authorised Advocate is entitled to a reasonable length of adjournment, if prayed for, to obtain instructions. What is reasonable notice will depend upon the facts and circumstances of each case, but if the Attorney-General alleges and proves to the satisf..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. ......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. ......im did not know the contents of the document and in such state he was made to execute the document by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Law..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......ga, lathi, etc. The carriage of weapons by the two sides, established by evidence, saddles the accused persons with a disproportionate amount of armed preparation. 10. Secondly, the facts proved are that the accused petitioner caught hold of deceased Kadem Ali and gave an order to..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ...... Nahar challenged the order of the said Board in Writ Petition No.3951 of 1992 as being without any lawful authority. She also prayed for a direction mutation of her name in respect of the house in question. A Division Bench of the High Division allowed the writ petition by judgment order dated 1......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
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