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Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ase the Court was bound to scrutinize the evidence very carefully, there was no rule of the law of evidence that such a Will was incapable of being proved. I find no reason to disagree with the above principle.” Having considered the facts and circumstances of the case, the evidence on record......5). Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and First Artha Rin Adalat, Chittagong for realisation of the aforesaid dues from the respondents. The respondents filed a written statemen...... (ka) of section 2 of the Act. It is further submitted that the respondent No. 6 acted in excess of his jurisdiction in entertaining the counter‑claim for a sum which being not ascertained requires determination on evidence and hence outside the scope of Order 8, rule 6(1) of the Code of Civil Pro..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
.... Taka 3,36,00,000.00 for 4,80,00,000 bottles in a year although there was no special market value and the market demand was a little more than two million bottles per year. It is to be stated that no guiding principle was laid down for determination of such production capacity. The said notification......36,00,000.00 for 4,80,00,000 bottles in a year although there was no special market value and the market demand was a little more than two million bottles per year. It is to be stated that no guiding principle was laid down for determination of such production capacity. The said notification dated 1......y and also fixing Taka. 7 lacs as rate of each value of each year. By SRO No. 192 dated 1.7.88 fixing the capacity filing value to be 2 cores 50 lacs bottle and the rate was fixed at 80%, 64% and 48% for the Dhaka, Chittagong, Rajshahi and Khulna Divisions respectively per year and earlier SRO No. 1...... bottles in a year although there was no special market value and the market demand was a little more than two million bottles per year. It is to be stated that no guiding principle was laid down for determination of such production capacity. The said notification dated 18.6.87 was substituted by su..Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......ar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposi......earned District Judge for staying the operation of the order of status quo was filed under section 151 of the Code of Civil Procedure. In that view of the matter the pertinent question that calls for determination by this Court is as to whether the impugned order of stay was really passed under sect..Category: Civil Law | Date: | Hits: 93
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... business community will be strangulated by indiscriminate use of machinery of the criminal administration of justice by interpretative decisions and doing violence to the enactment. One golden principle of our law is that no one should be brought within the ambit of the criminal prosecution b......accused No.1. There is a note of interrogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and finan......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... South West Water Authorities (1976 AC 609), was “a long step from reviewing the rate levied by the justices of the peace to reviewing statutory regulations made by a Secretary of State”, yet, in principle it is the same kind of control which the Courts exercise, even today, whether they are rev...... Vs. VR Rudani, AIR 1989 (SC) 1607; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239; Zakir Hossain Vs. Bangladesh, 55 DLR 130; Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......02.2008 and there was no allegation against the petitioner of violation of the terms.
Before demolishing, no notice was served upon the petitioner and as such there has been gross violation of the principles of natural justice.
15. By spending huge sums of money and completing 95% work of the ......72 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Department,......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... responsibility or prepare the list. In both situations, the inclusion is an act without jurisdiction and, as such, the said property should be deemed to have never included in the said list - on the principle that an act without jurisdiction is an act never existed in the eye of law (void ab initio......er called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......after reading and showing such report of the Inspector to the authorized representative of the applicant under section 174(1) of the Ordinance, the applicant could not now complain violation of any principle of the natural justice. 11. Lastly, he submitted that no point of law is involved in ......ving TIN: 267-100-1599. For the assessment year 1994-95, the Deputy Commissioner of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958 for construction of a two-storied house of the applicant as income from other sources. He estimated ......se and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the facts and in the circumst..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......D) 133. "28. All the Courts below in the facts and circumstances of the case had misplaced the onus on the defendant for proving the marriage of Monwara Begum with Amir Ali Mia whereas the settled principle of law is that the person who deny it will have to be established in other words, it was f......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... 28. In this regard we propose to consider the submission made by the learned Advocate for the Anti-Corruption Commission and hold that the fact of particular case may defer from another case but the principle enunciated by the higher Courts will prevail. The decisions as referred by the learned Cou......sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......ged in clause (1A) of Article 142. 14. These apart, the learned Attorney‑General also argued the point of locus standi of the petitioner to file the instant writ petition, He has also argued the principle of res judicata submitting that the present writ petition is not maintainable on the groun......tizen to safeguard and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh. The petitioner is also the Secretary General of the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the peo......ad been working for the people's awareness to guard against the violation of the Constitution and for developing the rule of law. The petitioner by bringing this action, in our view, has sought for a determination as to whether the impugned Act was destructive of one of the basic features of the Con..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in t......ctor for ultimate delivery to the respondent. On receipt of the notice, the appellant appeared before the Magistrate and took several adjournments taking various pleas including the plea that for determination of ownership of the tractor a civil suit was pending and as such production of the t..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......, the Magistrate may permit him to withdraw the same and shall thereupon acquit the accused. 9. A broad comparison of the provisions of the same Code regarding the withdrawal shows that no uniform principle has been applied to them. On the contrary, we find that the Code has made a distinction in...... to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police Station, alleging that the accused named therei......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......rs. Vs. Mohilal Kole and ors., 58 CWN 1000. In that case of Sital Chandra Kole it was observed that “the obligation under the agreement for re-sale becomes annexed to the ownership by reason of the principle underlying section 40 of the Transfer of Properly Act and that if the pre-emptor had notic......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio......urt Division in revision, have answered the question in the affirmative after taking into consideration two lines of conflicting decisions on this point. 2. Facts of the case, so far necessary for determination of this question, are that the land under pre-emption was sold by one Abdul Bari Khan ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta......e and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secr...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......er Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732 to show that Robert-son Vs. Minister of Pension cannot be said to have been over-ruled as Mr. Pal had submitted but the principle stated therein was applied and followed in the aforesaid decisions.
44. Without enteri......ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ted by the defendant-appellant. Mention may be made that in her written statement it was alleged that the kabuliyat was obtained by fraud and was not, therefore, a valid document. In support of the principle that the plaintiff must succeed on the strength of his own case, Mr. Khondker cited the ca....... Hossain, Advocate-on-Record - For respondent Nos. 1 & 2. Syed Sakhawat Ali, Advocate-on-Record – For the respondent No. 7. Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant,......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......, Counsel for the defendant-appellant, that the decision of the learned Single Judge as to the mandatory nature of the provisions of section 17 (1) is not based on the correct interpretation of the principle underlying this decision. According to him, the provisions of this section were merely dir......dgment and order of the High Court Division passed in Second Appeal No. 177 of 1978 on April 6, 1982. 2. Plaintiff-respondent filed S.C.C Suit No. 5 of 1970 in the 4th Court of Munsif, Narayanganj for ejectment of the defendant appellant from the suit premises and obtained an ex parte decree on M......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......nance and there being no legal obligation to appoint any one from the family of the last Mutwalli, High Court Division has erred in making a direction to appoint the petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted t......ord- For the Petitioners. Rokanuddin Mahmud, Senior Advocate, (A.K.M. Zahirul Huq, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Civil Petition for Leave to Appeal No.1398 of 2003. (From the judgment and order dated 25th May 2003 passed by t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
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