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Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
.... others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the exp......No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgment November 27, 1997 Cases Referred to- Hajee Abdus Sattar v. Mahiuddin & ors 38 DLR (AD) 97; Amritalal vs. Uttam Lal, AIR 1......d to evict them from the suit land whereupon they attorney to the said landlords or paid rent to them except that they purchased the suit land when the landlords being in .need of money offered to sell it to the plaintiffs. There being no evidence at all in support of the plaintiffs' case o..Category: Property Law | Date: | Hits: 106
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....Nos.1 and 2 from consideration while considering the case of promotion of its employees. Petition for leave to appeal against the judgment of the said reported case was disposed of in the light of agreement arrived at by the parties (4 BLC (AD) 65). The learned Counsel in support of his con......principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....e bazar and it is mandatory to spend 15% of the money obtained by such leasing for the development of the bazar. Accordingly, the appellant as Chairman of the Project Committee signed a tripartite agreement with the Upazila Nirbahi Officer and Upazila Engineer and in such view of the matter Khon......t (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above writ-petition, stating to the effect that as a voter in Ward No.9 of No.9 Kaimpur Union Parishad he filed nomination paper......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....bly. 16. We have considered the above submissions of Nowab Ali Having regard to the submissions made on behalf of the parties and in view of the materials on record we are fully in agreement with the findings of the High Court Division, wherefore, hold that the respondents having...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others……………......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....long time. The appellant court discussed P.W.s 2, 3 and 4 while discussing P.Ws. 3 and 4 found that the situation boundary of the suit land was fully supported by those PWs. The Appellate Court in agreement with the trial Court held that the plaintiffs have hopelessly failed to prove their right......ion in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Praman......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the Hi......e was concocted by some interested persons and no black Indian alachi was found and the alleged alachi found in the bag is very much available in Bogra town and every shops of Bogra town sell such black alachi which the prosecution branded as black Indian alachi and further the allege..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rted in AIR 1931 (Patna) 236 and submitted that title passes on the execution and registration of a sale deed, though the purchase money may remain wholly or partly unpaid except where there is an agreement that the sale should take effect only if the consideration is first paid but no such poin......Chandra Mondal......................Appellant vs Ayjuddin Gazi being dead his heirs Amjad Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Im......her Vs. Syeda Imtiaz khatoon reported in PLD 1997 (Lahore) 243 and submitted that non-payment of price of the sold land or its delivery was not necessarily since qua non for transfer of title from seller to purchaser. In that case it was further observed "It was so held as back as in 1866 ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....n and auction was fixed to be held on 3rd of July 1985, which has led to the cause of action of the suit. 11. The word "hire-purchase" is synonymous to sale by way of hire-purchase agreement. A hire-purchase agreement, as its very name implies, has two aspects. There is first an ...... vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers ......ontinued his business. The plaintiff continuing to reside and doing his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspa..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....t the said property by way of exchange of his 'Ka' schedule property in India in 1949 AD. Shibnath Ghose and others filed a suit in the Court of Munsif at Krishnagar, India on the basis of the said agreement for exchange and got a decree. The present plaintiff preferred an appeal but the plainti......d by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendan......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......nt: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Fida M. Kamal, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record- For Respondent Nos. 1 and 2......ent initiated certificate case. The appellant challenged legality of the proceedings of the certificate case but failed at all stages. The Abandoned Property Authority at one time took decision to sell the property of Respondent No.3 which was earlier taken over by the Abandoned Property Authori..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....nt of 1,000 metric tons of Urea fertilizer from the said defendant but due to paucity of fund they were not in a position to withdraw the said fertilizer and in that situation they entered into an agreement with the defendant Nos.l and 2 for sale of the said fertilizer and made an advance sale o...................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....e in the light of the decisions of this Division in the aforementioned cases. 21. The learned Counsel for the appellant submits that because of the health condition of the appellant as per agreement dated 13, 1986 between the Bangladesh Biman Corporation and the Bangladesh Airline P...... the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……&helli...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....o.1, contended that the Bank had not declared him defaulter and therefore he would not come within the mischief of section 7(2)(g) of the Ordinance. Mr. Afzalur Rahman has placed before us the loan agreement concluded between the Bangladesh Krishi Bank, Satkhira Branch and the respondent No.1 wh......89. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any......ncluding order for payment of the loan. Section 34 provides that when the industrial concern makes default in payment or otherwise fails to comply with the terms of its agreement the Sangstha may sell or realise the property, etc. to secure its liability to the Sangstha. Section 35 provides th..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case ma......following observation: "Sale in section 10(2) (vii) has not been in the specific meaning of section 54 of the Transfer of Property Act. As has been held in aforesaid ruling the words 'sale' and 'sell' in the Income Tax Act are to be taken in their aforesaid ordinary meaning. The transaction i..Category: Fiscal/Taxation Law | Date: | Hits: 80
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....esidences of teachers, students library, common room, swimming pool and mosque, etc. 4. The plaintiffs' case is that, the Chairman of the present Managing Committee of this school had entered an agreement of lease for 1.07 acres of land for construction of a Super Market on certain terms and co......ut also of the nature of the proposed construction of the super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. T......1) brought the said suit for specific performance of contract in the Second Court of Assistant Judge, Serajganj alleging, inter alia, that defendant No.1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideratio..Category: Procedural Law | Date: | Hits: 132
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....faulter and for her own bona fide requirement. The suit was contested and the trial Court decreed the suit and found the defendants as defaulter and also for sub-letting the premises in breach of agreement. Defendants filed appeal being Title Appeal No. 327 of 1984 and the learned Subordinate ...... June 11, 1989. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertakin......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e 11.1.88 issued by the Krishi Bank Habiganj branch to the Returning Officer, Sadar Upazila was annexed in which the appellant’s name did not appear. Il is the appellant’s case that in the loan agreement between the loanee and the Bank, there is a provision for renewal of the period of loan in......itution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under what authority he claims to hold that Office…….(8) Article 102 of the Constitut...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....ustody and control and that the submission was made on the Court’s query. 10. In the premises of these facts, the Respondent has filed in this Court an affidavit wherein a copy of a tentative agreement of 19.2.1977 between the appellants and the Respondent has been annexed. It clearly shows ......71 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant At......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....nd Tenancy Act, 1950 the contract has become un-enforceable as contemplated in sections 23 and 56 of the Contract Act, and as such the suit is liable to be dismissed as not maintainable. 2. The agreement for lease in favour of minor Hosne Ara Begum being void and a nullity and the same being i......2 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment Kemaluddin Hossain CJ.- These two appeals were heard together in the High Court Division and a common question of fact and law are involved they are hear...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
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