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Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....at during the liberation movement and afterwards the whereabouts of the plaintiff were not known and so the defendants rightly treated the suit property as abandoned property. Hence the Government is holding the property treating the same to be of the plaintiff. If it is declared by the Court that i......citizen of Bangladesh and that the suit property is not an abandoned property. 3. The case of the plaintiff is that he is a citizen of Bangladesh and a permanent resident of Dhaka since 1948. The Government leased out the suit property to the plaintiff on 5.6.1961 for 99 years commencing from 1.1..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....manner of application in a proceeding under section 14(2) of the Arbitration Act. 10. He further argued that the court failed to hold that the Arbitrator misconducted himself in the proceedings in holding that Mr. GM Adamjee has power to execute the deed of sale on the face of Article 110(2) of t...... deliver the judgment I am impelled to make certain observation on the conduct of this case. The history in conducting this case, a luxury litigation, at the instance of the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to settl..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....e sections including section 302 were added. P.W.12, Siddiqur Rahman formally recorded the First Information Report and entrusted one Abdus Samad, Daroga of the Teknaf Police Station with the task of holding investigation into the case. The said Investigation Officer accordingly visited the place of......urrence and it was the complainant party whose members trespassed into the same and attacked the members of the accused party to dispossess them therefrom and consequently there was a "Mara‑Mari” over the dispute regarding title and possession of the case land and in the melee, both the sides su..Category: Criminal Law | Date: | Hits: 86
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....ing to the evidence of the witnesses to the occurrence, the learned Advocate preferred to make his submission challenging the acceptability of the dying declaration of the deceased for the purpose of holding the appellants guilty of the charge of murder. Mr. Huq pointed out that from the evidence on......s are P.W.2 Moniruzzaman and P.W.3 Abul Khair and another Mamunur Rahman examined as P.W.6 who denied that the statement was made by the deceased Abu Sayeed in his presence and or that it was also recovered by the police officer who investigated the case in presence of three witnesses out of whom P...Category: Criminal Law | Date: | Hits: 83
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....pectively. 8. As to applicability of rule 32, there are two decisions of our Court, namely, 16 DLR 61 (Barhanuddin Ahmed Vs. Veda Brata Chakraborty) and 33 DLR 207 (Moyna Mia Vs. Haji Abdus Samad) holding different views and an obiter dictum in 13 DLR 531 (Saleh Ahmed Chowdhury Vs. Kabir Ahmed) e......ieu of or addition to all or any of the aforesaid processes, the Court may direct that the act required to be done may be done at the cost of the judgment‑debtor and the expenses incurred may be recovered as if they were included in the decree. 7. It appears from the above quoted order, the lea..Category: Procedural Law | Date: | Hits: 95
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....tions brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible for administration for holding the examination lodged any complaint against the petitioner but subsequently some interested......ে।” On receipt of the said letter (Annexure‑D) the petitioner met the Assistant Controller of Examination‑2 in his chamber and the said Assistant Controller of Examination‑2 handed over a sheet of plain paper to the petitioner and gave dictation to the petitioner in Bengali for co..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....trial Court as P.W.1 asserted in his evidence that while he was in Qatar in Middle East opposite party No.2 (Transferor) made the transfer in favour of opposite party No.1 who is stranger to the case holding and being away from this country pre‑emptor opposite party did not have the occasion to kn......on was filed within 4 months from the date of knowledge of transfer and as such it has rightly been held by the 1st appellate Court that pre‑emption case is not hit by limitation. 14. Now I pass over to consider that contention urged by the learned Advocate on the point of maintainability. It i..Category: Property Law | Date: | Hits: 72
.... retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sale with an agreement to reconvey shal......spondent No.2 was not entitled to any relief as prayed for in the aforesaid ML Case. Their further case is that section 95A of the State Acquisition and Tenancy Act which came into operation in 1972 covers an out and out sale with an agreement for reconveyance to be treated as complete usufructuary ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
..... But it does not mean that deposit of rent for several months together with the House Rent Controller after default in payment of rent will condone such default. So, Court below was not justified in holding that the defendant was not a defaulter in payment of rent. 8. Now coming to the terms of...... as salami from the defendant under the said agreement. Clause 3 of the said agreement provides that if the defendant fails to pay rent continuously for 4 months the plaintiff would be entitled to recover the same by legal action against her, whereas Clause 4 provides that the defendant will be enti..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....Mr. Khan also placed reliance on the definition of "judicial service" occurring in Article 152 of the Constitution wherein it has been laid down, "judicial service" means a service comprising persons holding judicial posts not being posts superior to that of a District Judge", and has also asserted ...... Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Ju..Category: Employment/Service Law | Date: | Hits: 173
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....n No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circumstances of the case, the Appellate Tribunal was right in holding that the original order of the Income Tax Officer dated 27-1-75, was erroneous insofar as it......bona fide annual value of property’ (hereinafter called ‘B.A.V’) of Tk. 48,000/-. Thereafter in the month of June, 1976, the Inspecting Joint Commissioner of Taxes, Range-III, Survey & Recovery (North Zone) Dacca, purporting to act under section 34-A of the Act reopened and re-assessed t..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....arned Munsif, therefore, by his order dated 20 June 1979 dismissed the application for pre-emption. On appeal the learned Subordinate Judge reversed the finding in respect of the pre emptees position holding them to be co-sharers by purchase only and not by inheritance in that their father had becom...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ner to draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by metes and bounds. The pleader commissioner submitted his report to the Court on 27-5-1975 after holding proper enquiries after due service of notice on the Advocates of the respective parties.......din Ahmed J Chowdhury ATM Masud J Abdur Rahman and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahmed..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....cting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner, or (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that of......threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of the ruling party ignoring the duty to the state and jeopardising national security and sovereignty. AND Whereas the people of the country have been plunged into a state of extreme fr..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for h......vil Procedure and also by filing an appeal before the Appellant Court against the ex parte decree. In the instant case this was done. 13. There has been divergent opinion in this subcontinent over this question. It appears that one view is that the defendant against whom an ex parte decree ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....ord, she deposited rent before the Rent Controller on 13th March, 1984 in respect of those three months. 45. The landlord thereupon instituted the suit for eviction treating the tenant as a tenant holding over after the expiry of tenure on the ground that the tenant did not renew the contract. It...... are relevant for our consideration which read as follows: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1972, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....TO to hold fair and impartial election and the AGM for the year 1998-1999 by preparing the correct voters list by 30th July 2000 and submit report (Annexure ‘B’). While necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly ......le necessary preparations for holding the election were underway, the Senior Vice-President, Mr. Saifuzzaman Chowdhury repeatedly kept demanding that the petitioner should immediately resign and hand over the office of the President to him, otherwise he would be forcibly removed. On 5-3-2000 the Sen..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....notified on 21-3-99 was for the academic year 1998 as per the provisions of section 46(1) of the statute. The notice issued mentioning 1997-1998 was for enrollment of registered graduates and not for holding the election. Hence the election held in the academic year 1998 is valid. It is further stat......of Dhaka University, who was in charge of the election announced after the poll, the election results on 18-6-99. According to the results, announced at a press conference, all the candidates of the government hacked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of th..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....Fire Brigade. On 06-11-91 the plaintiff informed the defendant of the incident Messers Henley Associates Ltd. and Messers Allied Inspection Company Ltd. were appointed surveyors by defendant No.1 for holding a joint survey. The plaintiff on 17-11-91 submitted the Claim Form duly filled in. The surve......ls and Plates, etc. the properties of the plaintiff stored within the premises of the Mills of the plaintiff was insured with the said defendant vide policy No.JIC/CTG/KTG/FP-67/09/91 dated 09-09-91 covering risk for a sum of Taka 5,00,00,000.00 against fire, riot and strike for the period from 07-0..Category: Business or Commercial Law | Date: | Hits: 211
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ort of delivery arose out of various contracts. So it is not correct to say that the claim of compensation for damages is independent of any contract. Thus, the learned Admiralty Judge was correct in holding that the suit is not maintainable in Admiralty jurisdiction on this court as well.” 19.......esponsible for consequences. The vessel arrived late at the discharge port and the Bill of Entry was submitted by the plaintiff to the Customs Authority on or about 6.7.1997. But in the meantime the government fixed 2.5% development surcharge on the import of this type of cargo. The defendant No.1 v..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
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