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Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......e. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Associ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......laneous Case No. 247 1973. 2. Appellant Abdur Rouf filed an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. re...... entire 'A' schedule property with standing structures thereon to Mrs. Fatema Begum on January 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......oration. By virtue of such transfer the share holding interests of Jamuna Oil Company were represented by the Petroleum Corporation and its Secretary, Mr, A.S.A Nur, the appellant in this case. Thus there are only 2 shareholders of the Jamuna Oil Company. The High Court Division consid......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......r Order VII, rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing So......f the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registere..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......der of the Additional District Judge, Second Court, Dacca and allowing pre-emption to respondent No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. Th......377 B.S. The case was resisted by the appellants by filing written objection contending, inter alia, that the application was barred by limitation; and that they have been possessing the case land by cultivating the same since their purchase; and that the pre-emptor was aware of the sale fr..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is entitled to pre-empt the same. 3. The appellant-purchasers opposite party contested this case on the ground that the petitioner is no longer the co-sharer in the holding and has no locus st......) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sh..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......mitted under Order 41, rule 11 of the Code of Civil Procedure. At this stage the plaintiff respondent filed an application for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter ...... granted the temporary injunction asked for. The High Court reversed the decision and the matter was ultimately taken to the Supreme Court. The Supreme Court quoted from Halsbury's Laws of England as under: "It is often made a condition of a mercantile contract that the bu..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Isaac (1970) 22 D.L.R (SC) 371 has no manner of application because in t......, removal or suspension, or (b) if otherwise such proportion of such pay and allowance as the punishing, appellate or revising authority may prescribe”. This being the law of the land Mr. Ahmad Sobhan did not show that the rules of the WAPDA are something to the contrary. It a..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......in his private capacity and in the absence of the plaintiff the respondent, as Khadem, would continue the suit. 5. Leave was granted to consider whether in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Order 22, role 10 of the Code of ......as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The plaintiff died on 16.8.71 during the penden..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... final decree was passed or from the date when the said decree was engrossed on stamped paper and signed by the judge, the intervening period being 12 years 5 months 22 days. 2. Facts of the case are as follows: Respondents got a preliminary decree on September 15, 1945 in Partit...... Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; East and West Steamship Company vs. Queensland Insurance Company, PLD, 1960, Kar. 840; Lachmi Narain Marwary vs. Balmakund Marwary 29, C.W.N...Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......2.71. Mr. Assault Hossain who had been given the opportunity of going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that his administrative review was still pending with the National Board of Revenue. On the oth......he amount of arrears due from an assessee" and, the Collector on receipt of much certificate" shall proceed to recover from such “assessee, the amount specified therein as if it were an arrear of land revenues". The proviso adds that the Collector shall have the powers which under the Code of Ci..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... March 24, 1977 allowing pre-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold...... Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not giv..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......oceedings, are at liberty to question the testator's title in a separate suit if permitted by law. 5. It appears that though the respondents' application for being added as party to the probate case was filed under Order 1, rule 10, Civil Procedure Code, before the District Judge, the High Co......ondents filed an application on April 4, 1976 under Order 1 rule 10, Civil Procedure Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government unde..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... of the appeal. As regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, re......law contained in Art. 14 of the Constitution. Furthermore, Sec. 7 of the Act, quoted above, particularly the latter part, which vests the Government with the power wholly or partially to exempt any land from the provisions of the Act, is clearly discriminatory in its effect and, therefore, infri..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... the status of the company changed from that of an ordinary limited company to that of a public enterprise which is owned by the government and controlled by the corporation. 8. The respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......blic welfare organization. This clause has been ordered to be deleted without any notice to the appellant and accordingly the principle of natural justice is violated. 8. The records of the case show that the Ministry of Commerce took more than two year to issue the licence under section 3...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ...... extinguished the suit for grant of Letters of Administration could not be dismissed. To this Mr. Moksudor Rahman, Deputy Attorney-General finds difficult to reply. This Division in M/S Dilichand's case has occasion to observe on the effect of the property becoming enemy properly and the rel......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......for an order directing the respondent Nos. 2 and 3 to refrain from giving effect thereto. 2. The High Court Division following a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view o......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......icle 102(5) to do or refrain from doing any act mentioned in the article…………..(10) No ordinary court can give protection to a member of the Defense Services or of any disciplined force in case he challenges the decision of the authority under which he serves……….(13) The tribu...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ...... Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our...... the Deputy Commissioner, Dacca demanded a sum of Taka 25.000/-(Taka twenty-five thousand) from the complainant by putting him under fear that unless his demand Was fulfilled the complainant's land and buildings would be included in the requisition and acquisition list and his pu..Category: Criminal Law | Date: | Hits: 62
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