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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....s stage the High Court was moved by two separate petitions for quashing the proceeding under section 561A of the Code and Rules were issued. It was contended before the High Court that in view of the agreement between the stockiest firm and the Coal Controller the allegations even if wholly believed...... Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and oth......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....order of detenÂtion, which, of course, is to be valid. That interpretation of the statute or law which preserves a fundamental human right is to be given rather than one which destroys it. We are in agreement with the View of the Supreme Court of Pakistan in Rowshan Bijaya Shaukat Ali Khan's case o......53 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the AppelÂlant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advoca...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....rawn up so far, the parties desire to reduce in writing the terms and conditions of the partnership on which they have been workÂings so far and propose to work in future. Thereafter a supplementary agreement was executed on April 12, 1958 for removing some mistakes in the deed dated March 31, 1958......special leave arises out of the judgment of a Division Bench of the High Court Division in Reference Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on partnership b......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....r practices and ultimately sent a typed proforma of contract on 13,12.1989 for his signature but as there was no such condition in the appointment letter, the plaintiff refused to sign the alleged agreement and informed the same by a letter dated 04.01.1990. Thereafter on 08.01.1990 the Company ......29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed allotting saham to the vendor in pursuance of Rafan......a Akter Khatun (defendant No.3) and thus the plaintiffs are entitled to get seven annas share in their saham and that the defendant Nos. 1 and 2 have sold out more lands than they were entitled to sell. The defendant No.1 contested the suit and filed written statement contending inter alia that ..Category: Property Law | Date: | Hits: 33
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
.... 3. The said suit was contested by the defendant-petitioner and his case was that the suit land belonged to Kulsum Banu and one Bhupal Chandra Bardan took settlement of the suit land by bharatia agreement dated 5-1-1946 and used to run a tea stall there, Bhupal Chandra Bardan gave 'Bondabosta'......ppeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
.... on the contrary, if it is a case against the review order dated 13-8-1997 claiming declaration as to entitlement to service benefits it is not maintainable." 14. We are fully in agreement with the above findings and decisions arrived at by the Administrative Appellate Tribunal...... June 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Record—For the Appellant. Abdur Razaque Khan, Additional Attorney-General, instructed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....s referred us to the case of Sunil Krishna Banik and others vs Kailash Chandra Saha and others reported in 36 DLR (AD) 220 (same case has also been reported in 1984 BLD (AD) 320). We are in full agreement with the principle of law: enunciated in the reported case, but the fact is that in the i......Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. Cases Referred to- Parsotim and others vs Lai Mohar and others 58 Indian Appeals, 254; Cecil Waldron Andrew...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....f the Constitution in sectarian or party interest in countries where democracy is not given any chance to develop." 51. The High Court Division has further found that: "We are in respectful agreement with the submission of Mr Mahmudul Islam, the Amicus Curiae. He submits that the prese......rs Vs. Bangladesh represenÂted by the Secretary, Cabinet Division & others .........Respondents Judgment July 19, 2005. Result: The petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......Single Bench of the High Court Division in Civil Order No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Subordinate Judge (now Joint District Judge), Mymensingh in......d seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal grandfather of the plaintiff, proposed to sell the land in respect whereof decree for specific performance of contract for sale is sough..Category: Property Law | Date: | Hits: 26
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....tween the seller and the corporation (the defendant No. 3) on the other hand but the matter was not solved any way. As the Government was pressing for completion of formalities as to signing of the agreement and handing over possession, and as the purchaser was anxious to save the assets of the ...... Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &......company's assets included the land at Paribagh. After the contract was entered into as stated above there was exchange of correspondence relating to the Paribagh property between the purchasers and seller on the one hand and between the seller and the corporation (the defendant No. 3) on the othe..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... of them one can find long title exceptÂing the third amendment which says" an Act further to amend certain provision of the Constitution of the People's Republic of Bangladesh to give effect to the agreement entered into between the Government of the People's Republic of Bangladesh and the RepubÂ......n Civil Appeal No. 42 of 1988) Jalaluddin....................AppeÂllant (In Civil Appeal No. 43 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary to the Ministry of Law and Justice, Bangladesh SecreÂtariat, P.S. Ramna, Dhaka & other ……â€......emed to be an amendment of the ConstituÂtion under Article 368. Mr. Ahmed cited Mongal vs. Union of India A. I. R. 7967 (SC) 944. Articled (1) has been interpreted to include provisions relating to "selling up of the legislative, executive and judicial^ organs of the States essential to the effecti..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
.... the reported case the complainant and accused persons were found to have entered into the partnership business even before the execution of the deed of partnership. In this case there was no written agreement of partnership. In his examination in chief P.W. 1 did not refer to the partnership busiÂ......d & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refus..............Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sal..Category: Criminal Law | Date: | Hits: 44
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....ate specified in their respective sanction letÂters; (b) that it be further declared that the defendants have got no right or authority to unilaterally change the terms and conditions of the loan agreement conÂtained in the sanction letter and/or change the rate of interest and monthly repaymen...... article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgag......hire & Fifoot, Law of Contracts-P 20 1945 Edn.). Bowen, LJ. Said:— "It is not like cases in which you offer to negotiate, or you issue advertisements that you have got a stock of books to sell, or houses to let, in which case there is RO offer to be found by any contract. Such advertisem..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....omes within the mischief of forfeiture under section 111(g) of the T.P. Act. Under this section a tenancy may be determined if the tenant violates any expressed condition of the tenancy stated in the agreement of tenancy. Continuation of the appellant's possession of the premises on expiration of th...... J M.H. RahÂman J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent J...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....d the suit property and the right under the decree to ReÂspondent No. 2 by a registered Kabala on 20.8.67. It is the further case of the appellants that respondent No. 2 Mobarrak Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of the agreed price of Tk. 25......ember 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the e...... the right under the decree to ReÂspondent No. 2 by a registered Kabala on 20.8.67. It is the further case of the appellants that respondent No. 2 Mobarrak Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of the agreed price of Tk. 25,000/-. Respondent No. ..Category: Civil Law | Date: | Hits: 106
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......tion 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for prese......has power under section 26(1) of the Excise Act in spite of the amendment made by Section 3 of the Finance Ordinance, 1983 even then the impugned order dated 15.6.85 prohibiting the peÂtitioner from selling or importing country liquor in the town of Sunamganj without shifting his shop from the pres..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co.......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......& ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its in......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....ntained in sub-clause (ii) of Clause (a) of Rule 122 which are as follows: "(ii) Goods so stored shall remain at the entire 'risk and expense of the party entering in the agreement. The Jetty Authorities shall accept no claim for any loss, deterioration, damage or com&s......broking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Por......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
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