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Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......or some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not ......a Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......ing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in question was going to be damaged, the respondent Nos. 5 and 6 approached the respondent. No. 1 for t..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......ail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......r and unless that is proved no one can be convicted under section 5(2) of Act 11 of 1947. He further submits that there is also no evidence that these appellants have been entrusted with the goods in question and they with dishonest intention misappropriated the same. When there is no evidence that ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

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: ......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: ......l 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: ......y because of a lack of true perception of the said facts. The High Court Division in this case does not seem to have been at all aware that there was a counter‑case arising out of the occurrence in question which is admitted, that there were two versions of the same incidents and that in the case ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ......     ...... only because a suit has been instituted for the realisation of the loan‑money by the Bank. He, however, frankly concedes that before moving this application for permission to sell out the goods in question by inviting tenders, no notice was served upon the defendant‑petitioners along with a cop..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....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 ......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 ...... raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......aka...........................Petitioner Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent Judgment April 23, 1992. Result: The question Nos.1(a), I(b) and II formulated for determination are answered in the negative a..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

.... 1) Is the suit maintainable in its present form? 2) Is the suit barred by limitation ? 3) Is the suit bad for defect of parties 4) Have the plffs. any right, title and interest or possession in the suit land? And are the plffs. entitled to get a decree as prayed for ? 5) To ...... to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter alia, that the suit land with an area of 0.27 acre belonged to one Musim Ali, proforma‑defendant No.3 who sold the sam...... Present: Muhammad Ansar Ali J Asim Ali…………………………………….Petitioner Vs. Badaruddin @ Suruj Mia & others………………….Opposite Parties......hat in the instant case, the vendor has not restricted the vendees in the suit‑land in their purchase, but the vendees restricted themselves in the enjoyment of their absolute right in the lands in question by putting a restriction on its transfer to any 3rd party other than the pro‑defendant No..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....on by the said Duraram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the names of the Duraram, as purchaser in possession without document. Thereafter in respect of the lands Duraram obtained a Registered kobala...... of 1974 Annexure E, by the Deputy Commissioner, Sylhet (Respondent No. 2) have been impugned, 2. The following are averments in the writ petition necessary for disposal of the Rule. 3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land withi......xure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ......te notifications do not attract the disputed properties which belonged to the petitioner and secondly that in the circumstances of the case, if the Government wanted to claim title in the property in question it could only do so by way of appropriate suit for declaration of tide and cancellation of ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ......any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ...... Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991. Judgment Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules. 2. Bangladesh Electrical Association, an..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

....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   ......ub article 2(b)(ii) of Article 102 requiring him to show under what authority he claims to hold that office. It is well known that the jurisdiction under the aforesaid provision amounts to what in England used to be known as prerogative exercise of the writ of quo warranto." 9. In the said......rmation and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395   ......ion Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of any Union Parishad has not been given any statutory right to question the election of the Chairman and members of any Union Parishad. Right to vote and the right..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

.... 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 ...... 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 ......or 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ...... remedy against the alleged violation of the terms and condition of service in fixing seniority lies with the Administrative Tribunal established under Article 117 (1)(a) of the Constitution. So, the question has arisen as to whether this Court has jurisdiction to entertain the petition in view of A..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

....€‘ The opposite party No. 1 as plaintiff instituted Title Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permane......itle Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permanent injunction against the defendants. Subsequently the def......d Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such ......r alteration is necessary— Before allowing any amendment or alteration of the pleading, the Court must come to a finding that such amendment or alteration is necessary for determining the real question in controversy between the parties and further that such amendment or alteration does not c..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....pect of the said fishery (Annexure‑G) on the same day (9.5.91). The petitioner withdrew the said Writ Petition No. 1149 of 1989 on 13.5.91. Respondent No. 7 Upazila Revenue Officer gave delivery of possession of the said fishery to the petitioner‑society on 11.5.91 (Annexure‑1) pursuant to the......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......nt to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......e any vested interest in the fishery. 9. On the grounds stated above the Rule is made absolute but without any order as to costs and the petitioner is directed to pay the rents of the fishery in question for the years 1399 and 1400 B8 in time according to the terms of the lease deed. Let a..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....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. ......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. ......rence by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ......se by filing written statement. The main contention as set out in the written statement filed by the Bank authority is that 1st party Sekendar Ali Howladar is not a permanent worker and, as such, the question of his getting facilities does not arise at all. According to the Bank Authority, the 1st p..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

.... Premises Rent Control Ordinance reads thus: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowabl......ortnight after the refusal of the money order though he subsequently sent the arrear rent by 3 money orders which were all refused by the petitioner as before. Under the Transfer of Property Act, the landlord has a right to terminate the tenancy by giving a notice to quit on the tenant in the manner......ioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) ......cumulation of arrears of rent which was accepted by the landlord without objection. Mere acceptance of arrear rent is not sufficient to constitute waiver. The learned SCC Judge has not dealt with the question of waiver so as to bring out the opposite party from the category of habitual defaulter. In..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8....... 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ank, that balance shown in the letter of the Agrani Bank tied 12.5.91 (Annexure‑Y) reflects the position of dues of the petitioner as on 31.12.90, that there was no inaccuracy in the publication in question as the petitioner undisputedly and admittedly actually owed the said sum of Tk. 3,89,763/31..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......that is litigation at the instance of a public‑spirited citizen espousing causes of others, has been facilitated by the absence of any constitutional provision as to who can apply for a writ. In England various texts were applied. Sometimes it was said that a person must be aggrieved" or he m......patra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla­desh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 19......titution. It held that the petitioner has no direct personal interest in the Act or in the implementation of the Wage Board award. "It is not liable to pay anything to anybody under the award in question but it is the, owners of the individual newspaper who are pay and they are actually aggriev..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....laintiff paid the earnest money amounting to Taka 8,000/‑ in four instalments within the month of Falgoon 1384 BS. On receipt of the aforesaid amount of earnest money the defendant No.1 handed over possession in respect of the cultivable portion of the suit land to the plaintiff. It was settled th......eading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favour stating that the suit land ......Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: T......umbhan Lakshmanna and others Vs. Thugirala Venkateswaria, reported in 2 DLR (PC) 83. Fromthe reading of this decision it becomes clear that where no difficulty arises in arriving at a conclusion, the question respecting onus recedes to the background but where court finds it difficult to make up its..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....ve year i.e. rent of Tk. 20,625.00 for the year 1397 BS and rent of Tk. 22,688.00 for year 1398 BS. On 12.8.89 by Annexure ‘D’ dated 12.8.89 the Tahsildar, Nilkhi Tahsil office delivered physical possession of the said fishery in favour of the petitioner society. Since the delivery of possession......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......ction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......hat the petitioner is a duly registered co‑operative society of genuine fishermen; that the respondent No.5, Kabirajpur Union Matsyajibi Samabaya Samity Ltd. had never taken lease of the fishery in question; that after expiry of the previous lease the fishery in question was put to auction for sev..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ...... by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......or to be less than 18 years, is to be the basis. 5. Mr. Khandker Mahabub Hossain, the learned Advocate appearing for the opposite party, on the other hand, submitted that in the instant case the question is not a question of juristic status of a party but an age referable to the provision of th..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....doned 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 possession was delivered to him on 4.2.63. The said Qumrul Hoque executed a bainapatra in favour of ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......re I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......r showed his appearance in the suit by false personation and that during liberation movement said Qumrul Hoque left Bangladesh with members of his family and did not return back and so the holding in question vested in the government as an abandoned property. 7. Mr. Mahfuzur Rahman, learned Advoc..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77