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People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....n by the Mutwalli or Shebait of an estate on account of non-preparation of the compensation assessment roll. This enactment has been promulgated long after all the acquisition proceedings were completed and long after the observations of the High Court made regarding the non-preparation of ......nder the provisions of State Acquisition and Tenancy Act. Moreover, the President's Order which came much later than the observations of the Dacca High Court on the question in plain language bars such suits and directs abatement of such pending suits, and this law supersedes this judicial ..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....observed that "therefore proÂceedings are initiated on a complaint or on a police report, the Magistrate can legally take cognizance of the offence and the requireÂments of section 190 Cr. P.C. are complete". It was held that the addition of a new accused does not need fresh proceeding for initiat......is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and......shed as purported to have been done President's Order No. 24 of 1973 and speculated that the consequences flowing from the impugned Presidential Orders construed literally would amount to a virtual embargo upon this common form of transaction and "it is more than likely that such a form of transacti..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....act the performance of which would not be specifically enforced. Section 5 of the ContraÂct Act lays down that the proposal may be revoked at any time before the communicaÂtion of its acceptance is complete as against the proposer but not afterwards. Here the Tender Committee had invited offers an...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
.... a place over which Bangladesh claims sovereignty. We are, however, relieved from entering into long discussion of diverse laws, convensions, rules and practices of International Law since there is a complete code provided by our Municipal law. It is well settled that where there is municipal law on......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of which was started by the Election Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed,...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....rder of assessment, which ever period shall later expire". 6. The reading of the above provisions indicates that for the assessment of compensaÂtion of land acquired under section 93A a complete Code has been provided which is quite distinct from the acquisition made under section 79. ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... that no Court shall have any JurisÂdiction of any kind in respect of any proceeÂdings of any such Court. We do not find simiÂlar provisions expressly made in the Special Powers Act effecting such complete ouster of jurisdiction of the High Court Division in respect of any proceedings before the ......ege of going through the majority decision in the case expressed by my lord Mr. Justice Munim, where in, I find that his lordship has carefully noted the facts of the case and submissions made at the bar by the learned Counsels appÂearing for the different parties. I consider it unnecessary to repe..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....the President's Secretariat took a decision to the effect that "abandoned properties, movable or immovable, should not be released, leased out or disinvested till the work of the said Cell is completed". As per queries of the said Co‑ordination Cell the Ministry of Home Affairs c......s being treated as an abandoned property could not be placed under a Corporation under Article 10(1)(d) at all and that is a basis of challenge which is available to the respondents in spite of the bar of Article 10(1A). 82. With regard to Article 4(1), as introduced by Ordinance No. XXV ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... house on the suit land. After taking loan from the Shilpa Bank and other Banks and Insurance Companies, the appellant spent about taka six lacs in constructing the three‑storied building and completed the construction by 1980. 4. The respondent denied granting of any licence t......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....t of the Republic of India, “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain points and to complete the demarcation of the land boundary between Bangladesh and India, "Have a......llant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that are under the administrative control of the Indian ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....he accused to police custody under section 167 of the Code and the question arose whether legal adviser should be allowed to have access to the accused until the police investigation is complete upon a consideration of the provision of section 340 of the Code, which allows the ......dent Solicitor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ssion and, in between, repeated several times that the facts of the case are unique and they have no relevance with other cases of abandonment of domicile of origin and they are to be examined from a completely new angle in the context of bundle of facts out of which Bangladesh emerged. After referr......itch metaphysical submission that from the respondent's conduct, action, deeds it was quite plain that he had, in fact, abandoned his permanent and if he at all contemplated any home either in Brahmanbaria or in Maghbazar that home was within the geo‑political boundary of Pakistan. This argument h..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....mitted that exclusion of the Directors who had given guarantee "both collectively and severally" for the Bank's loan, seriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" to the petitioner, leave may be granted for considering the glare impropriet......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....nature; (c) that there being no provision in the Adalat Act for moving the High Court Division against an interlocutory order and no alternative forum having been provided for speedy, efficacious and complete relief to the party aggrieved, the writ petition could not be refused only for the reason t......restriction on the Artha Rin Adalat to allow instalments in the payment of decretal dues………………………………….(10) The Adalat Act, however, does not contain any express provision barring a defendant from claiming a set-off or counter-claim in a written statement……………â€..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....General in this respect is rejected. 14. The learned Additional Attorney‑General has lastly referred to Article 104 of the Constitution of Bangladesh which provides for doing "complete justice in any cause or matters pending before it" and has submitted that the impugn......3,958.22 (thirty-three lakh and odd). The appellant then filed an appeal, FMA No. 224 of 1990‑before the High Court Division on 26 May 1990. The High Court Division found that the appeal was barred by limitation since it was not filed within 60 days from the date of the decree that is, 28 ..Category: Procedural Law | Date: | Hits: 104
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ent to release the Mills Still holds the field. In this context the apprehension of the petitioner that some interested persons were creating hindrance in the matter of transfer could not be "completely overruled". The High Court Division noticed the Annexure‑D which reveals that...... decision. This point was also noticed by the High Court Division. On the contrary, from the Annexure‑D, it is clear that in the conference held on 21.6.77 all the issues were discussed threadbare and decisions were taken for effecting the transfer of Mohammadi Calendering & Printing Mi..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....be possible for a newly elected Union Parishad to hold its first meeting immediately after the election. Sub‑section (113), by a deeming provision, makes the constitution of a Union Parishad complete if the election of seventy‑five percent of the total number of its elected members h......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....d at Taka 39 lacs and odd. The work was taken up by the contractorsrespondents from 21 January 1983 and they submitted completion report on 1 July 1984 stating therein that the work had been completed on 30 April 1984. But though the work had started from 21 January 1983, it was suspended f......im for compensation for their alleged business‑loss and damage during the period of suspension of the work. In that appeal they reiterated their contention that the arbitration reference was barred by limitation under section 65 of the Arbitration Act, read with Article 115 of the Limitati..Category: Business or Commercial Law | Date: | Hits: 98
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....olute bar under section 439(4), and make the same negatory. In other words, against an order passed by the Sessions Judge under section 439A, the jurisdiction of the High Court Division having been completely barred under section 439(4) the (general) jurisdiction of the High Court Division under ......439A and sub‑section (4) of section 439." 20. In the said decision, Shahabuddin Ahmed, J., observed as under : "In Pakistan, sub‑section (4) of section 439 bars second revision by the High Court; but there is no provision there like sub‑section (2)..Category: Criminal Law | Date: | Hits: 76
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