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State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......, Sylhet Bench, Sylhet, in Criminal Appeal No.102 of 1984). Judgment ATM Afzal J.- Leave was granted in this appeal by the State to consider whether the High Court Division was justified in holding that the trial was vitiated by misjoinder of charges and persons and further in acquitting t..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......is at the instance of the Revenue formulating the following questions for our decision;
(I) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is justified in holding:
(a) That except employer's contribution to provident fund no other payment can be ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......re liable to be set aside. It has been further contended by the learned Advocate for the petitioner that the court of appeal below has committed error of law apparent on the face of the record in not holding that the Kabala dated 31.3.69 did not create any absolute interest in favour of the vendees ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....n the aforesaid Writ Petition No. 14 of 1979 (Annexure E).
7. The petitioner had shown cause by filing a petition of objection on 12.10.61 to the Deputy Commissioner, Sylhet. He pleaded that the disputed land in plot No. 6436 of Mouza Sylhet Municipality was a fallow land and not connected with......Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84.
5. While in peaceful possession of the said land in plot No. 6434 bearing holding No. 91 B of Sylhet Municipality, through his predecessor in interest Duraram Upadhyaya after..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... affairs of the management of the co‑operative society and for matters of election the Ordinance and Rules made thereunder provide for an Election Committee which is vested with exclusive powers in holding and conducting the election and the decision of the Election Committee is final. The learned..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....The civil Court’s jurisdiction has been impliedly excluded. The election of a candidate cannot be challenged under Article 102 of the Constitution as in the summary proceeding under Article 102 disputed questions of fact cannot be settled. It is also well settled that a right to seek election ......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......sdiction of the Administrative Tribunal.
12. Khondker Mahbubuddin Ahmed submitted that the impugned Rules are violative of Article 27 of the Constitution being discriminatory between the persons holding similar post and by the impugned Rules the respondent Nos. 4‑11 have been given seniority ..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....t No. 32 of 1990 in the Court of Subordinate Judge, Netrokona against a number of persons including Mr. Mozaharul Islam, Director of the petitioner for declaration that he has fractional right in the disputed fishery by virtue of lease taken from Korotia Wakf Estate but the order of injunction passe......d to the Government by application dated 18.5.91 praying for settlement of the Khaliajuri Group Fishery to them and that the settlement was given to the petitioner by the Government illegally without holding any auction as per rules on 8.5.9 1. The prayer was allowed after lengthy hearing by order d..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......r it to be of temporary nature or necessarily give rise to inference that work is likely to be finished within limited period. Thus, mere appointment on a temporary basis is not the sole criteria for holding the work as temporary one. In the instant case the respondent Howladar has been serving for ..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....s court and obtained the present Rule. 6. It is admitted that the petitioner let out to the opposite party the suit premises from December, 1966 at a monthly rental of Taka 50.00. It is also not disputed that the opposite party made certain alteration and extension in the suit premises at a cer......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......le portion of the land, the evidence are discrepant and contradictory and witnesses are all interested being related. The learned Court of appeal below reversed the finding of the learned trial Court holding that the defendant No.1 entered into the contract for the sale of the suit land of the plain..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
.... to know about the settlement of the said fishery in favour of the petitioner when a notification for auction was published on 30.3.90 for sale of the fisheries under Madaripur District excluding the disputed fishery and on enquiry came to know that on 12.2.89 the said fishery had already been settl......ed by respondent No.2, Member, Land Appeal Board, Dhaka and the order dated 4.11.90 (Annexure‑‘H’) passed by Respondent No.1, Secretary Ministry of Land vacating the order of stay and thereby upholding the order dated 22.11.89 (Annexure‑‘F’) are illegal and without lawful authority.
6..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....nor any evidence was produced before the Court of Settlement save and except the verbal submission of the learned Advocate appearing for the state.
15. Be that as it may, without entering into the disputed question of facts, it may be said that even not a scrap of paper showing that the said prop......on of Holding No.2/10, Block‑F, Joint Quarter, Mohammadpur, (Kha‑20) from the 'Kha' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and ..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....e purpose not authorised by law and he was released after executing some papers transferring his Mill and after doing certain other things. Whether the petitioner was indebted to the Bank or not is a disputed question of fact but if anything is payable to the Bank as unpaid loan there are other mode......quished office there was no scope for issuance of a writ in the nature of quo warranto. It was observed in that case that after relinquishment the question of showing cause under what authority he is holding the post did not arise. It may be mentioned that in the case in the nature of quo warranto t..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....nd Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur Rahim Sarker and plaintiff No.11 took lease of the disputed plot by different Kakumnamas. They took lease of 26½ acres of land from Wazid Ali Kh......r appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committed an e..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed by the petitioner has been marked as Ext. B. Annexure. C to the affidavit‑in‑opposition......s of 3 promoter directors (1000 shares each) were fraudulently transferred. There was total mismanagement in the matter of profit and loss account, issuance dividend, preparation of balance sheet and holding of annual general meeting and Board meeting of the company…………&h..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... the order of reversion amounted to reduction in rank and it was void and &gal. The High Court Division upheld the order of the appellate court. 8. In 31 DLR 21 it was held that an incumbent holding a post for considerable long time is entitled to protection under Article 135 of the Constit..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ed and well-delineated in the plaint, but was exclusively possessed by defendant No. 10 who delivered possession thereof to the plaintiff. He submits that the High Court Division acted erroneously in holding that a partition suit was necessary. 10. Unfortunately, these submissions do 6ot carry..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....ant time, the learned single Judge of the High Court Division sitting in revision acted beyond its jurisdiction in setting aside the concurrent finding of fact of the courts below. 6. It is not disputed that the goods in question were booked with Bangladesh Railway and supposed to reach the de......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....clamation was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for...... 1977). Judgment Latifur Rahman J.- This appeal at the instance of the judgment-debtor is directed against the judgment of the High Court Division passed in Civil Revision No.1331 of 1977 upholding the auction sale, after setting aside the judgments of the courts below wherein the auction ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
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