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P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......pondents. Civil Appeal No. 167 of 1978 from Civil Revision No. 91 of 1972. Judgment K. Hossain CJ. - This appeal by special leave at the instance of the tenant arise out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....dge was perfectly justified in passing the order of stay of the order of ad-interim injunction granted by the learned Munsif. He further submits that in view of the fact that the plaintiff's claim can be compensated by money as such he is not entitled to any order of ad-interim injunction. ......rder of temporary injunction passed by the Munsif, 3rd Court, Dacca should not be set aside. 2. The rule arises out of an application under Order 39 rule 1 of the Code of Civil Procedure praying for temporary injunction upon the defendants and restraining them from releasing the film namel......if. He further submits that the learned District Judge ought to have affirmed the ad-interim order of injunction granted by the learned Munsif as the damage to be caused cannot be compensated by money nor it can be calculated in terms of money. He has relied on 3 decisions, namely, PLD 196..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....or not a relationship of landlord and tenant has been created depends on the Intention of the parties, and in ascertaining that intention the Court must consider the circumstances la which the person claiming to be a tenant at will went into occupation and whether the conduct of the parties shows th...... yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 1956. As he did not vacate the land, on demand the plaintiff instituted the suit for declaration of title and recovery of possession. The Government was the defendant no. 2 in the s......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ifferent services in Pakistan cannot have and has no relevance in Bangladesh inasmuch as the members of different services as have declared allegiance and have been accepted for service, have no claim whatsoever including a claim of seniority against the Government of Bangladesh on the basis of......6. In Writ Petition No.527 of 1979 petitioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-operatives, was selected for permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ad no connection with him. 3. The defendants filed a petition for Succession Certificate being Succession Certificate Case No. 207 of 1969 in the Court of the Third Subordinate Judge, Dacca claiming 6 anna share and monthly rent of the suit property and a notice of the same has been served......ants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is dir......r deposed that thereafter he husband applied to Income Tex Authority for income tax clearance certificate and he received letters from the Income Tax authority asking him to deposit the required money towards gift tax and to obtain the certificate. The donor, however, died on the following..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....the property on the basis of a contract on which the decree for specific performance has been obtained. Disputes arose between the plaintiff and the defendants as to extent of shares. Plaintiff claimed 1/3rd share which was denied by the defendants, and this denial impelled the plaintiff to in...... Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the......fic performance of contract against Kamal Rani Devi and got a decree in that suit and it was put in to execution. In the earlier suit and in the present it is not disputed, that the consideration money was Tk. 30,000/- and it was paid on two occasions by instalment of TK. 15,000/- and on the ear..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....eneral (Criminal), subsequently re-designated as Deputy Attorney General (Criminal) and since that time he was holding this post till the impugned order removing him from this post was passed. He has claimed to have discharged his duties efficiently and sincerely and he was expecting recognition of ......er.
R. A. Bakr, Attorney-General, Sytd J. R. Mudassir Husain, A. A.-G.—For the Respondents.
Writ Petition No. 614 of 1978.
Judgment
Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102&nb......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....ereafter, the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65 have died on different dates and the question is whether on the footing of the order of exemption of service of notice, the appellant can claim exemption from substitution of the heirs of those deceased respondents in terms of provis......port of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the tria......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....at a time and the entire lease money shall have to be paid before delivery of the possession of the fishery. Mr. Ishtiaq Ahmed submitted that had it been a case of leasing out an open fishery as claimed by the respondent 1/3rd of the bid money being the annual premium would not have been accept......s appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petition for declaration that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Min......ting lease of the fishery for a term of three years. 1384 B. S. to 1386 B. S. at the annual rental of Tk. 42,000/-and lease of the fishery for three years was granted; and that he paid the entire bid money on the same date and possession of the fishery was duly delivered to him on August 26, 1977; a..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
....a Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no body is entitled to......e Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no b...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......cretary issued a notice upon the members, of the Association to submit the names of such undesirable persons. In response to the said notice the members submitted a list of persons which was placed before a general meeting of the Association where an Enquiry Committee was formed to enquire into and ......received complaints from several quarters regarding the undesirable activities of some persons impersonating themselves as clerks of Mukhtears and Lawyers, harassing the litigant public and extorting money from them under various pretexts, whereupon the Secretary issued a notice upon the members, of..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....morandum in question was issued by the Govt. In pursuance of a policy decision. 6. As appears from the statement of the cases of above, in the two cases of termination of services, neither party claims that there is any, statutory rule to govern the services of the Corporation's employees, ......n Writ Petition No. 479 of 1978, the petitioner CM Yusuf was first appointed in the PIAC on 17th April, 1961 in PIA Grade No. IV. It is his case that by dint of meritorious service he was sent abroad for training twice and that he was promoted to Grade VII as Senior administrative Officer at Karachi......at his services are no longer required. He has challenged this termination alleging that he has been victimised by the respondents whose financial irregularities resulting in loss of the Corporations money and reputation were pointed out by him. Respondent Corporation entered appearance by filing an..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......p;304A of the Penal Code was started against the petitioner and the driver of the Jeep. But the said case ended in acquittal. The wife of the deceased Mr. Lutfur Rahman approached the petitioner for financial help whereupon the petitioner recommended for financial help to the Family Planning au......lanning authority, but no sanction for any compensation was given by the authority. The petitioner being very much sympathetic to the widow of deceased Lutfur Rahman helped her from time to time with money in her distress. The petitioner paid Tk. 10,990/-(Taka ten thousand nine hundred and ninety) i..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....unt was also submitted to the Board. But he denied the allegations that the appellant was ousted from the management of the Company's affairs or that the Company became commercially insolvent but claimed that it was running on sound business principles and that its assets would exceed its liabil......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite......ng on behalf of the accused petitioners submitted that the case as air against the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transact..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....fendant No. 8 purchased the same from him. 3. The trial court dismissed the suit and held that the plaintiff knew about the rent sale for a long time and he was estopped by his own conduct, from claiming redemption of the suit property. It was considered that as the rent suit related to arrear ...... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the......nd enjoyed by defendants Nos. 1 to 8 the plaintiff demanded back the land, but was refused. 2. Defendants asserted that the lands were auction purchased by defendant No 9 in a rent suit with his money and for his own benefit and, while he was in possession defendant No. 8 purchased the same fro..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......d asserting that the value of the property was correctly shown in the relevant sale deeds. The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanati......ty was at the relevant time of its purchase not less than 4 to 5 lac but in the sale deeds the price was shown as Rs. 80,000/- only. The property, it was alleged in the charge, was purchased with the money beyond the known sources of his income. The respondent was asked to show cause why he should..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....e President's Order No. 27 of 1972. These respondents had filed the Industrial Dispute Cases before the Labor Court u/s 34 of the Ordinance for enforcement of certain rights which, they claim, were guaranteed to them by law. The rights are by way of "promotion and increments"......ise under the administrative control of the Bangladesh Textile Mills Corporation established under the President's Order No. 27 of 1972. These respondents had filed the Industrial Dispute Cases before the Labor Court u/s 34 of the Ordinance for enforcement of certain rights which, they......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha' land out of schedule 'Ka', land of the plaint. T......(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......ed partition but was refused by the defendants on 15.2.62.
3. Defendant No.1, and defendant Nos. 2 and 3 filed two separate written statements. Defendant No. 1 contended that he paid the auction money and purchased the suit land in the name of the plaintiff's father and was in possession of..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....at position of Agha Md. Yahya Khan was that an usurper of powers and that there was no legal validity of his Proclamation of the 25th March, 1969 assuming the power of President of the country and proclaiming Martial Law on 25.3.69. We need not express any opinion on this decision of the Supreme Cou...... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ...... elector and a citizen of the country felt aggrieved by the impugned Notification and other actions taken there under by the Chief Election Commissioner (respondent No. 1) at a huge expense of public money. In the other petition, Writ Petition No. 447/78, the petitioner, Mr. A. M. Maniruzzaman Laske..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
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