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BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....red under the aforesaid Act from investing in shares of BRAC Bank Limited. Placing the provision of section 23 of the Contract Act, Dr Hossain submits that this section clearly provides that for an agreement to be held unlawful it must be forbidden by law. BRAC is a subscriber to the Memorandum ...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... the respondents. The consideration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others......hid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and injury caused by other respondent Jahidul Hoqu...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....ded in the name of the plaintiffs’ Vendor Khairunnessa and in the remark column possession of the defendant was shown as Trespasser since 1952. High Court Division further noticed that there was an agreement of monthly tenancy, Exhibit 14, between Jana Jiban Dutta and the defendant-appellant and t...... Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 73 Section 73 of the Evidence Act permits the Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as h......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....ain recommendations of the Commission.- (1) Notwithstanding any thing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, by-law, agreement, award, settlement, custom, usage or terms and conditions of service for the time being ...... Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......s Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by t......iness with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical possession of the said holding; that due to financial problem Abdul Khaleque bain proposed to sell the said property to plaintiff No. 1 and accordingly Abdul Khaleque Bain executed a Bainapatra..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
.... order at the foot of the order of assessment it would nevertheless have been separate although over one and the same signature. Now he had signed twice." 13. We are in respectful agreement with this proposition. The Income-tax Officer in his discretion had refused to renew thi......S. Badridas Full-chand, Saidpur, Rangpur... …………………………..Respondent Judgment July 31, 1980. Cases Referred to- Raghunantiait Prasad Monohar Lai vs. Commissioner of Income-Tax, U.P., Lucknow, A.I.R. 1......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....rule under section 116 of the Evidence Act. 8. Attornment means the act of the tenant putting one person in place of another as his landlord. It is well settled that mere payment of rent, or agreement to pay rent in favour of a particular person, without any other evidence, does not always......luddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a s...... 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. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....0, the respondent instituted the suit who was brother-in-law of the appellant’s husband and the appellant was a pardanashin Hindu lady and both the respondent and the appellant had entered, into an agreement to recover the properties of the appellant from the clutches of her brother, and they ente......in Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin ladyâ€......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....s dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the h......Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner befor......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee s...... challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constit......ansaction and "it is more than likely that such a form of transaction shall fall into disuse in no time". It considered that the right of repurÂchase is a 'privileges' granted for the benefit of the seller which is essentially personal in chaÂracter. The President's Orders were considered in the b..Category: Property Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....nce of contract is pre-emptible under section 96 of the State Acquisition and Tenancy Act, and the second question is, if the decree for specific performance of conÂtract relates back to the date of agreement whether the pre-emptor had any locus standi. Of the two questions, the second question is ......cy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra ......rformance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale deed for which he has earlier bargained to sell. That being the position the character of the sale remains a transfer intervivos and the interv..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ticular entry into the conspiracy for which he has already been tried. But when a person, who has once been tried on a charge of conspiracy and is conÂvicted or acquitted subsequently by a fresh agreement enters into a conspiracy connected with the previous conspiracy such subsequent agreemen......t Judgment March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not chall......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....nstruction which better serves the ends of fairness and justice will be adopted, but otherwise it is for the Legislature in forming its policy to consider such elements." I am in respectful agreement with the view of the Privy Council which is in accord with ruling conditions of our time. ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....ondon, one to be appointed by each of the parties hereto and the third by the two of them. Their decision or that of any two of them shall be final and for the purpose of enforcing any award this agreement may be made a rule of the court. The arbitrators shall be commÂercial men." 4. Fa......uestion of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the appellants can only be determined on taking evidence and not by arbitration. It is the discretion of the Court as to whether the jurisdiction under section 34 of the Arbitration Act is to be exercised. The learned ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
..... 4. To appreciate the question, it is to be observed that under the terms of the Town Improvement Act 1953 land can be acquired in three ways under three different sections; One is by purchase on agreement under secÂtion 78, the other is by compulsory acquisiÂtion under the provisions of the L..............Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (XIII of 1953), sections 78,79,93(A), 93(B), 93A (5)(b)(II). When no Tribunal has been set up, any refeÂrence to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisitio......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ving land contiguous to one of the plots, cannot lay his claim of pre-emption beyond that plot, because, the contiguity can not be stretched to other plots. This proposition would not only be in full agreement with the different provisions of section 96, but also in conformity with the very object o......Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching th......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....s not affect the competence of the suit. 11. This view has been taken by the Indian Supreme Court in the background of a similar decision taken by the Patna High Court. We are in respectful agreement with the decision of the Indian Supreme Court. 12. Before we part with this case ......ar Dutta ........................Appellant Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Mana...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....nbsp; ATM Afzal J.- Perused the Judgments prepared by my brothers, Mustafa Kamal and Latifur Rahman, JJ I find myself entirely in agreement with Mustafa Kamal, J I and have nothing further to add. &......nd others……………….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....oject of light engineering workshop, built a factory building only, but never started the project; rather let out the factory building to respondent No. 8, a Garment Factory, in violation of the loan agreement and became a defaulter in repayment of the loan to the extent of Tk. 24,94,333.00 as on 31......Record-For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed by the Hi......assets under Article 34 of the Bangladesh Shilpa Bank Order, 1972 for realization of its loan. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court Division was also dismis..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for ...... Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussai...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
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