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Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....sp; July 11, 2000. Gift In case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the ...... when the certified copy of the deed of gift has been produced the Court of Settlement cannot question the validity of that document. The Court of Settlement travelled beyond its jurisdiction by embarking upon an inquiry whether the deed of gift has been acted upon or not. It is contended that w..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... the writ petition was made. The Court of Settlement is authorised under section 7 of the Ordinance to deal with the entire question of abandonment of the property and that is the proper forum for complete relief of the writ petitioner. So it cannot be said that the Court of Settlement did not o......nt and came to the High Court Division with a writ petition. The other point urged by Mr. Nabi is that even if the writ petitioner had an alternative remedy before the Settlement Court, it did not bar a writ petition because the alternative remedy in the Court of Settlement was not equally effic..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... the suit for redemption of mortgage is not maintainable. 4. The trial Court on consideration of the oral and documentary evidences on record held that the registered deed in question is a complete usufructuary mortgage with a stipulation to return the land in question within 10 years as......h a stipulation to return the land in question within 10 years as incorporated in the deed. The trial Court also held that the suit for redemption of mortgage was maintainable and the suit was not barred by limitation. The lower appellate Court as the last court of fact disbelieved the defendant..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....n of the administrative tribunal…….76(10) Power of the parliament If the parliament so wishes it can amend the constitution to make the separation more meaningful, pronounced, effective and complete…..76(11) Article 94(4), 116A The independence of the judiciary, as affirmed and dec......ice” in Article 136 are allowed to be interpreted to mean that the judicial service is also a branch of civil service which consists of civil administrative executive services than there will be no bar in law in extinguishing the judicial service. On theory, the Parliament will be free to legislat..Category: Constitutional Law | Date: | Hits: 829
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....uestion has been raised in this appeal by leave as to whether in view of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Act, 1987 the learned Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....ate for stopping investigation under sub-section (5) of section 167 Cr. P. C. and releasing them under sub-section (7) thereof stating, inter alia , that the investigation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order da......ed 28-5-96 passed by the High Court Division in Criminal Revision No. 382 of 1992). Judgment: Md. Abdur Rouf J: The District Education Officer, Rajbari, on 16-3-89 wrote to the Officer-in-Charge, Pangsha Police Station, against eight persons, al..Category: Criminal Law | Date: | Hits: 87
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... question and therefore very much a party to the document. The kabala, as the facts indicate, is not certainly void but voidable. In order to remove the impediment in the way of the plaintiffs to get complete relief along with the declaration the plaintiffs needed to make a prayer for cancellation o......s heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd, 1996 Cases referred to- Akhbar Shah vs. Yusuf Shah, 16 DLR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17..Category: Tenancy Law | Date: | Hits: 88
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division was wrong in its view that registration of a separate agreement for reconveyance was not necessary to bring an out and out sale with an agreement to reconvey within the meaning of complete usufructuary mortgage. 4. Section 95 and 95A of the State Acquisition and Tenancy ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....was not reversed by the appellate Court. In such a case when the plaintiff after getting into possession retains the same with clean animus that he has become the absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his e......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....e past and closed before 3-8-1972 are not amenable to the operation of President’s Order No. 88 of 1972. It is, therefore, clear that respondent No. 4 could not claim redemption of the complete usufructuary mortgage as contemplated under section 95A of the State Acquisition and Tenan......f Martial Law all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended Constitution abated.. The Martial Law proclamation, however, did not put any embargo upon going to the civil Court for the redress of the causes for which the abated writ petitio..Category: Property Law | Date: | Hits: 88
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....n opportunity to fill up the gaps in the case. 17. The learned Deputy Attorney-General submitted that an order of re-trial, even at this stage by this Division, would serve the ends of complete justice in the facts of this case of a deliberate and calculated murder. Perhaps we would ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....s facts and peculiar aspects of the present case, as noted earlier, under the dictate of judicial conscience we are inclined to see proper and fair adjudication of the suit. Accordingly, for doing complete justice in the matter we allow this appeal without, however, any order as to cost. In the ...... is that the whereabouts of defendant Nos. 1 and 2 were not known during and after the war of liberation and, as such, the suit property has been declared an abandoned property and that the Suit is barred under the provisions of the President’s Order No.16 of 1972, and Ordinance LIV of 198..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
...., appearing for the respondent, submitted that if it were a question of ordinary dismissal from service under ordinary law in normal times then the bar under Article 117(2) to the writ petition was complete and no court except an Administrative Tribunal could take cognizance of such matter. But ......in 60 days. 7. Leave was granted mainly to consider the submission of the appellants that the dismissal of the respondent being a term and condition of service, the writ-petition was barred under Article 117 of the Constitution and further, that the respondent having already had ri..Category: Administrative Law | Date: | Hits: 125
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....s vendor, Jagadish Chandra Saha Roy. The plaintiff intended to construct a pacca market in the suit plot and on the plaintiff’s request he had to suspend his business for enabling the plaintiff to complete the construction work. The plaintiff promised to allot him one adjacent to the road in the ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....n steps by the bridegroom and the bride jointly before the sacred fire. The evidence in the instant case that these two ceremonies were performed and therefore, the marriage even if performed was not completed. 9. As already noticed the plaintiff specifically claimed that her marriage with the d......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....and style of SOVHAN MARINE SYNDICATE. Defendant No.1 is a merchant vessel named MV Forum Power. Defendant No. 4 as agent of the said vessel wanted supply of (i) Vertical centrifugal Main cool SW pump complete with Motor, VDK 440E (ii) fire/GS pump complete with Motor, type VSK 95J (iii) Bearing Unit......ons of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and anchore..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....d to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice at such stage of the suit…….(21) Cases Referred to-&nb......hit by section 42 of the Specific Relief Act and so the plaint is liable to be rejected and that for repelling the said argument of the defendant's lawyer, the trial Court opined that the suit is not barred by section 42 of the Specific Relief Act but the learned Single Judge of the High Court Divis..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....alked to the contemner-appellant No. 1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the contemner-appellant No. 1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. It is contended that inspite of such repeat......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
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