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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the s..Category: Property Law | Date: | Hits: 69
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....as well as under the general law of torts. FurÂthermore, it was of the view that in cases of this nature it was not necessary to plead speÂcifically the particulars of the loss sustained or benefit expected. The suit was, accordÂingly, held to be maintainabls. The second issue was also answered i......vanished and they had no heart left in either managing their business or their properties or carrying on their house-hold avocations. 4. It may be mentioned here that the plaintiff, who are the parents of the deceased child had in the suit also joined the Insurance Company, with which the motor ..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......granted repayment of the outÂstanding dues on the above overdraft account by executing a registered letter of guarantee on the 11th of December, 1914. Accordingly the overdraft was allowed in the current acÂcount of the defendant No. 1 and he was given financial help whenever necessary. On the 27t..Category: Banking Law | Date: | Hits: 230
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......1949; that at the time of appellant’s purchase there was three huts on the suit land which were in possession of the tenants and the appellant had been possessing the suit land upon realising rents from the tenants openly and peacefully over the statutory period of 12 years to the knowledg..Category: Property Law | Date: | Hits: 53
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......try his widow Beloka Sundari was staying with Borodh Kanta Roy and that the said Borodh Kanta Roy was looking after the properties of Beloka Sundari and was also entrusted with the payment of rent, but with intent to late grab the property of Balaram Mistry, Borodh Kanta Roy caused the rent..Category: Property Law | Date: | Hits: 47
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......dent.  Civil Appeal No. 98 of 1998.  Judgment  Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....ss or favouritisim. However, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. Government is the guardian of the finances of the State. It is expected to protect the financial interest of the State. The right to refuse the lowest or any other......ples of judicial review would apply to the exercise of contractual powers by Government bodies in order to prevent arbitrariness or favouritisim. However, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. Government is the guardian of the fin..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......uddin and a daughter Basena Bibi. Subsequently, Ofazuddin died leaving mother Kulsum, said brothers and sister. 1.35 acres of land of plot Nos. 27 and 29 of ‘Ka’ schedule was sold in auction in a rent execution case and Seratun Nesa and Akitullah purchased the same in auction. But ultimately, th..Category: Procedural Law | Date: | Hits: 114
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....of the petitioner that this change was at the behest of the ruling party and the petitioner apprehended that approval has been managed by the ruling party and, as such, impartial inquiry cannot be expected. The petitioner thereafter preferred appeal to the Election Commission for taking effectiv......er Ministers and high officials visited the area after pronouncement of the election schedule and promised the establishment of pourashava and the amendment of the Atiya Forest Ordinance, 1992 apparently to induce the voters. Political adviser of the Prime Minister and members of the parliament ..Category: Election Law | Date: | Hits: 158
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ent may with a view to implementing such recommendations of the Commission as may be accepted by it, by notification in the official Gazette, determine the wage, bonus, medical allowance, house rent allowance, conveyance allowance and leave which shall be payable or admissible to any worker ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......ar 1973 Biraj took objection against the lease granted in favour of defendant No.1.From record it further appears that Manitara personally appeared before the local Tahshil Office in 1970 and paid rent for the suit land. Record further shows that the appellate court mainly relied on the report o..Category: Property Law | Date: | Hits: 51
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......tion 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. Plaintiff-landlord claimed exclusive ownership of suit premises. He further stated ..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......n in Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144—P.L.D. 1968 S.C. 185. That on the publication of the notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-reta..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......dding words into the Statutes. It was canvassed that the intenÂtion of the legislature was to cover even sale with an agreement to reconvey and the High Court Division was wrong in applying the different rules of interpretation to construe the work "transfer as transfer by mortgage. It was further ..Category: Property Law | Date: | Hits: 85
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....ivision observed that: “When the appointing authority is not bound to accept the recommendation of the Enquiry Officer, but in inflicting a highÂer punishment the appointing authority is expected to assign some reasons for comÂing to such a decision. There are good auÂthorities for ......t benefits or stoppage of increments in pay or reduction in rank. 18. The Screening Board has been given power for recommending any, of the punishÂments as mentioned in Article 6(1). DiffeÂrent types of punishment are mentioned in clauses (i), (ii) and (iii) and on analysis as many as 5 t..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....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 ......were within the territorial waters of Bangladesh. 6. Mr. Asrarul Hossain wanted to argue that the territorial waters of Bangladesh and the Customs waters as defined in the Customs Act are two different concepts and extends to diffeÂrent areas. This is a point which was not acÂcepted by the High..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ...... for being expended within Pakistan. 5. Mr. Mozammel Haque Bhuiyan, the learned Advocate for the appellant has submitted that the Income Tax Officer estimated the income of the Estate from different sources, such as property tax, ground rent, bazar collection, and worked out a surplus which wa..Category: Fiscal/Taxation Law | Date: | Hits: 85
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......hat Balaram, father of Respondents, was a monthly tenant at the premises in 1968 and from April, 1969, Suresh, the first Respondent took the tenancy in his name, and he having defaulted in payment of rent was liable to ejectment. The second Respondent, brother of Suresh, was added as a party to the ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... even if fraudulently and; (3) Whether the learned Judges of the High Court Division were within their jurisdiction in appraising the evidence afÂresh in revision and disturbing the concurÂrent finding of fact arrived at by the learÂned subordinate Judge and the Additional District Jud..Category: Property Law | Date: | Hits: 69
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......nstituted alleging criminal offence must be tried in accorÂdance with law and the same should not be interfered with at an interlocuÂtory stage or even at the early stage in exercise of the inherent jurisdiction of the High Court under section 561A of the Code. Of course, facts of a partiÂ..Category: Criminal Law | Date: | Hits: 51
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