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Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....sferred to defendant No. 3. On the other hand, it is the case of the defendants that they have taken defendant No. 3 as partner. It is argued that partnership is one thing and transfer of interest is completely different. Hence it is submitted that section 18(3) has no application and the High Court......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e contention as lo provision for renewal of loan the appellant has annexed a document lo the leave petition (annexure "Y") containing procedure for renewal of working capital loan. To make the matter complete and up-lo-dale as lo me said loan, it may be slated at this stage that the appellant in his......ince the appellant will in no time take oath and come to hold office and in that case there will be no question of prematurity. We have already taken the view that Article 102 will not be available barring extraordinary occasion to side-track the normal forum of the tribunal to resolve election di..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....owers this Court to transfer a criminal case from one Permanent Bench to another Permanent Bench. The learned Additional Attorney-General thinks that this Court may however pass any order for doing complete justice to a case including order for transfer under Article 104 of the Constitution. On ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....d for in the suit. 7. The learned Single Judge of the High Court Division found that the agreement for lease in question was in substance an agreement to exchange of properties and it was to make complete transfer of title and interest in the properties, and as such section 75A of the East Ben......of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....aim of all the parties having right to pre-empt according to the provision under sub-section (5) of section 96 in one proceeding and avoiding multiplicity of proceedings. So, for the sake of full and complete adjudication of the rights and granting relief, there should not be absence of any necessar...... Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajuddin Ah..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....trate is not stultified may direct farther investigation, but cannot direct submission of supplementary charge-sheet. In this field the statute confers wide power upon the investigating agency to complete investigation in the case of cognizable offence reported to the police. The police have bee......s pending before a Court is available only when the allegations made in the charge-sheet and the first Information report, if remain unrebutted, do not constitute any offence or if there is any legal bar against continuance of the proceeding. In elaborating his submissions, the learned Attorney-Gene..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....t in Writ Petition No.315 of 1967. Leave was granted to examine the question as to whether the respondent after having obtained from the Chief Controller of Imports and Exports a permit to import complete units of Cold Storage and Ice Plants as well as G.I. pipes and G.P. sheets of the value of ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... satisfaction was inferred in all those cases on the nature of the words used in the enactment empowering the authority to make the necessary order and the principle laid down in these decisions held complete sway over the sub-continent till the independence of the country. According to this princ......uestion whether the satisfaction of the detaining authority should have an objective basis had been in the past the subject of much judicial controversy and some arguments have been advanced at the bar on this question in this case as well. I, therefore, want to add also some comments of my own as..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....atian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent receipts; that all the formalities leading to the execution and registration of the lease deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman, Miscellaneou...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....PIDC as an Assistant Engineer in 1960. While he was working as a Senior Research Officer in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation war of Bangladesh started and he actively participated ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....cted interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justice in a cause. The rule merely prescribes that the requirement must be a genuine one ...... Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Tahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005...Category: Property Law | Date: | Hits: 36
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....had been dislodged. He pointed out that the Attorney-General could not justify by citing any authority for transfer of pending cases to the so-called Permanent Benches, when the amendment itself is completely silent about it. 44. Dr. Kamal Hossain, in reply, pointed out that the Attorney-Genera......anch 137 Marbury vs. Madison; (1899) (AC) 143 Powell vs. Kempton Park Racecourse Co. Ltd; (1957) 1 All E.R. 49 Attorney-General vs. H.R.H. Prince Ernest Augustus of Hanover; (1960) 3 SCR 250, 282 Berubari Union and Exchange of Enclaves; 92 Ohio State 115 H.M.Co. Vs. Miller; (1878) 3 AC 889 Queen vs...Category: Constitutional Law | Date: | Hits: 1934
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... the word "whole" is total and vice-versa. It was observed "In fact the whole number of a Board or a body is a well known expression and is used to convey the totality of the members provided for a complete constitution of the body." 29. Mr. Bhuiyan relied on the Bombay case while Mr. Serajul H......Union Parishad was suspended on 28.11.85. Thereafter Monu Mia an elected member was elected as the acting Chairman of the Union Parishad who however, was replaced by another elected member namely Mobarak Hussain on 5.6.86. Then in Barera (south) Union Parishad Ramuzuddin, the elected Chairman was ..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....t, C.D. Receipt No. 797791 dated 6.7.1976 issued by the Sonali Bank, Sirajganj for construction of a flood shelter at Chala under Belkushi Police Station, Sirajganj. For the contractor's failure to complete the work the security was forfeited by the Sub-Divisional Officer, Sirajganj. When the C.D....... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....llants that respondent No. 2 Mobarrak Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of the agreed price of Tk. 25,000/-. Respondent No. 2 having failed to complete the sale by executing the document the appellants filed Title Suit No. 237 of 1984 for sp......at the respondent No. 1 sold the suit property and the right under the decree to Respondent No. 2 by a registered Kabala on 20.8.67. It is the further case of the appellants that respondent No. 2 Mobarrak Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of..Category: Civil Law | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....proceeding, one While the election process is going on by invoking the extraordinary jurisdiction of the High Court under Article 226 of the Indian Constitution, and another, after they have been completed by means of election-petition. The Court took the view that the intermediate stages may no......oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of result, review etc. on the basis..Category: Election Law | Date: | Hits: 165
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... but the defendants refused to accept it on the plea of their failure to procure Income tax and gain tax clearance certificates and Nationality certificate but assured the plaintiff that they would complete the transaction after obtaining these certificates. Plaintiff made several offers since the......tiff agreed to pay 15,000/- in additions to the balance consideration money. 3. Defendant Nos.1-3 contested the suit by filing a joint written statement wherein it was contended that the suit was barred by limitation, that the time was the essence of the contract, that defendants agreed to sell ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....the principal debtor to repay. The choice lies with the creditor….(58) The Court is not always bound by what is provided in the contract itself but the matter of awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered to grant interest from ...... appear in the suit nor file any written statement. In the written statement filed by the appellant company it was stated, inter alia, that: "(a) the suit is not maintainable. (b) The suit is barred under the provisions of P. O. 16 of 1972. (c) The suit is bad for non-joinder of Governme..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ns. He also submitted an application stating that one of the partners has left the business, and as such, he withdrew the renewal petition. Books of accounts produced are examined and assessment is completed on agreed basis taking the status as unregistered firm as under; Business: Running of ......igh Court Division was clearly in error on this point. 14. Now come to the money claim of the plaintiff. She was not paid Tk. 14,000/- as was settled by the agreement on 16.4.67. Her claim is not barred because the defendant himself has issued the cheque for that amount in 1975 and the suit was ..Category: Business or Commercial Law | Date: | Hits: 114
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....count of the cinema business since 28-8-1973." 5. In the petition for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was m......, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot stand in the way of combining th..Category: Property Law | Date: | Hits: 99
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