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Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....nts under the plaintiff and on the contrary alleged to have purchased the suit property by a registered deed of sale executed by Modhusudan Saha on, the 15th September, 1953 on the basis of an agreement for sale executed by him on the 1st July, 1951. The plaintiff therefore, withdrew t......lip;……....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents Judgment April 8, 1975. Cases Referred to: Bharat Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, A......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
.... possible; See in this connection the observation of Wynes in his "Legislative, Executive and JuÂdicial Powers in Australia", Fourth Edition, page 28. This observation, with which we are in complete agreement is based on Cooley pp. 154-155, Black's "Interpretation", pp. 21-22 Halsbury’s Laws of E...... Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. ......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....n a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. The petit......thers…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; Majeda Khatun Vs. Rabindra......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... was sought to be utilised to furnish a background .or indeed a motive for the crime and it was held that, "that however can not excuse the reception of inadmissible evidence". We are in agreement with the view expressed in the above case and find that the eveidences of P. Ws. 2 and 3 ......ain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya Pradesh, 1952 ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ased on sound reasons. It is not difficult to conceive a case when vendor desiring to exclude his co-sharer or contiguous neighbour from exercising his right of pre-emption by adopting a device in agreement with the vendee can postpone registration of the deed of transfer, and thereby defeating ......p; Case Referred to- Budhar Sardar vs. Sonaulla Mridah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 ......ffirmed the intention, referring expressly to fact that the talab-i-mowasibat had already made, and has made a formal demand- (a) either in the presence of the buyer, or the seller, or on the premises which are the subject of sale, and (b) in the presence ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....he cases which they purport to cover and recourse cannot be had to the English Common Law to add new grounds of exception to those contained in the statute". We are in respectful agreement to the proposition. There are ten exceptions appended in section 499, while the fir....... Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Si......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ns 'holding', 'rayed', 'land' 'agricultural land', 'non-agricultural tenancy and the decisions quoted above, the learned Judges of the High Court Division in this instant case expressed their agreement with the decision of the Supreme Court of Pakistan. They observed as follows: ......led an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28, 1927. The property was....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....by the Bangladesh Petroleum Corporation. Two shares held by Dr. Habibur Rahman and S.A. Azim were transferred to Bangladesh Petroleum Corporation and the applicant respectively. 6. An agreement was reached between Bangladesh Petroleum Corporation and Jamuna Oil Company Ltd. whe......lip;………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Ju......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
.... 3, that is the vendor of the
plaintiffs did not deposit the entire
purchase money to the Society and he transferred the suit land in favour of the plaintiffs in violation
of the agreement with the Society; and that the proforma defend ant No. 3 was
never given possession of th......edure for rejection of the plaint on the ground that the suit
is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff
respondents case is that the suit land originally belonged to the appellant
Baitul Aman Co-operative Housing Society Ltd. a registered Society under the
Beng......ler the appeal is allowed.
The application filed by the
appellants under Order VII rule 11 of the Code of Civil Procedure is allowed
We make no Order as to costs.
Ed.
..
Category: Property Law | Date: | Hits: 60
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....son Polimex did not open the letter of credit in connection with the second instalment, but the sellers completed the manufacture of goods and in due course received through the financial agreement a substantial sum of money somewhere between £300,000 and £400,000 on account...... of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to try the suit. On appeal the appellate Court below dismissed the appeal and affirmed the judgment......rom honoring the letter of guarantee. 7. In the case of Howe Richardson Scale Co. Ltd.Vs. Polimex Cekop and National Westminster Bank Ltd. 1978 (Lloyd's Law Reports) 166 the sellers entered into a contract with the buyers (Polimex) for the sale and delivery of some valuabl..Category: Banking Law | Date: | Hits: 130
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
.... Return and False DeclaÂration) Regulation dated 15.4.69 and the excess income declared by the appellant fish was processed by the Processing Committee and it was determined by the Committee in full agreement with Managing Partner and the authorised representative on 10.11.69 The appellant firm fil......dvocate, instructed, by Abu Bakkar, Advocate-on-Record—For the Respondent. Civil Review Petition No. 3 of 1980. From the judgment and order dated 30.11.1978 passed by the Appellate Division to Civil Appeal No. 108 of 1978. Judgment Badrul Haider Chowdhury J. - This review petition ......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....sition of a governÂment servant is more one of status than of contract. The hall-mark of status is the attachment to legal relationship of rights and duties imposed by the public law and not by mere agreement of the parties. The emolument of the Government servant and his terms of service are gover......inistry of Health and Population Control and others…………………………………………Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....article of association of any schedule industrial enterprises or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of article 10 or any charter agreement, contract or other instrument whatsoever, the Government may. in respect of any such indu...... called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musha......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... 102 of this Constitution cannot be denied. The power of the Superior Court can be extended to examine Jurisdiction of Martial Law Court when it is found that it is Coram non judice, I find myself in agreement with the view expressed by Supreme Court of Pakistan in the case of State vs. Zia-ur-Rahma......¦â€¦.Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. GovernÂment of Punjab, PLD 19......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the ApÂpellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) R......d by an amalnama dated 20th Bhadra, 1359 B.S. and that on 19.2.58 Abdul Jabbar sold the land to one Siman Sardar from whom the plaintiff purchÂased on 22.9.58. Bhattacharjees also made a contract to sell the 'Kha' schedule and othÂer lands to the plaintiff, but thereafter the Bhattacharjees went t..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....lia, that the plaintiffs voluntarily transferred their lands to defendant No. 2 after due negotiation for a consideration of Rs. 14.900/-out of which Rs. 13,100/- was paid as earnest money and agreement for sale was executed by the vendor on December 28, 1963 and thereafter on February 9, 19.....................Appellants Vs. Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Inv......udge did not accept the case of the plaintiffs that the sale-deed was executed as a result of fraud and misrepresentation, and found it to be a genuine deed executed by the plaintiffs intending to sell their immovable property to defendant No. 2 Mohammad Hammad for consideration; and the trial C..Category: Property Law | Date: | Hits: 75
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ch state of affairs Again, if the cases relating to income tax are not decided in accordance with the Income Tax Act it would become practically a dead letter." 18. We are in agreement with the above observation. We, therefore, hold that the High Court on appeal had fallen ...... 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-63 demanding Rs. 11,98,326/- as tax from the Official Liquidator, Dacca Electricity Development Company under liquidation. The Commissioner of Income Tax ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....und of deÂfault and bonafide requirement of members of his family and for reconstruction of the damaÂged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day of the ne......thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day of the next month. A sum of Tk. 2000/- was paid to the appellant as security deposit to be refunded to the respondent on the expiry of the lease whi......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... 102 of the Constitution cannot be denied. The power of the Superior Courts can be extended to examine Jurisdiction of Martial Law Court when it is found that it is coram non judice. I find myself in agreement with the view expressed by the Supreme Court of Pakistan in the case of State vs. Zia-Ur R......gladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: Both the appeals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR ......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....Finance, (2) No proposal to which the previous concurrence of the Ministry of Finance is required shall, so long as concurrence is refuted, be proceeded with. If a Minister cannot reach agreement with the Minister for Finance and desires to press the proposal, he shall submit it to......Court, High Court Division, Supreme Court Building, Dacca …………….. Respondents Judgment Feb. 23, 1982. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Rec......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
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