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Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......nce of at least two witnesses. This formality is called talab-i-ishhad—demand with invocation of witnesses. 8. In the instant case, according to the plaint case, the disputed sale was completed by registration of the kabala Exhibit B on 12-10-57 corresponding to 25..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... when the raiyati-right is sold in auction nor the sub-lessee can claim as an encumbrances by adverse possession against his landlord. This principle of law is well established and there is no dispute over it, but it does not help Mr. Khandakar simply because it is not applicable to the ins..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ...... in the benami of his brother-in-law Kazi Shafiqul Alam by a registered sale deed dated July 4, 1947 and since then he has been in possession thereof after constructing a building thereon. But as a dispute was raised about his purchase from Katrik Chandra, defendant No. 2 paid defendant No...Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......ted by the Supreme Court of Pakistan in deciding the question whether in respect of non-agricultural land pre-emption could be claimed under section 96 of the State Acquisition and Tenancy Act. The dispute before the Supreme Court related to non-agricultural homestead land within the municip..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....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. ...... Aman Co-operative Housing Society Ltd.; admittedly the plaintiffs purchased it from proforma-defendant No.3, a member of the Society, who got the land in allotment from the Society. It is not disputed that the land under allotment to proforma-defendant No. 3 was sold to the plaintiffs with..Category: Property Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......tion 26(F) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he i..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....firmed irrevocable letter of credit. The obligation of the bank was to perform that which it was required to perform by the particular contract and that obligation did not depend on the correct resolution of a dispute as to the sufficiency of performance by the seller to the buyer or th......lly a commercial transaction. Court should not have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two parties over a normal business transaction and the respective bankers had g..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....n, Meah which consisted of a series of correspondence with various authorities as 'khadem of the Darbarsharif, found that Madan Meah was the 'khadem' of the Darbarsharif. He also referred to a resolution produced by Madan Meah which purported to be the resolution of the Managing Committee ap......e father. It has been further stated that the appointment was made in accordance with the direction given by his father in presence of all his heirs, and since then he had been functioning as the undisputed 'Sajjadanashin' of the Darbarsharif. The plaintiff also stated that the lands described i..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ...... is pleased to direct that the said Dr. Nurul Islam shall retire from service with immediate effect." 16. Referring to his ability as a reputed doctor and his academic performance which are not disputed by the respondents, the learned Counsel submitted that in such background there cannot b..Category: Employment/Service Law | Date: | Hits: 180
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......or of the appellant for the grant of Letters of Administration on the ground that the properly in question being an enemy property the suit was incompetent. Facts are not long, nor are they in dispute. The property in respect of which the Letters of Administration was claimed belonged to Chi..Category: Property Law | Date: | Hits: 39
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ctions became void ab initio, and consequently production of a certificate from the appropriate authority concerned was no longer necessary, and as such, the disputed sale deed was validly registered. 7. High Court's' judgment is founded prac..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......tion 144 of the Code, against appellants- second party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proc..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......on the other side contend that an act which was once held to be invalid by a Court's order cannot be made valid fund that the Validation law is itself invalid and void, The learned Advocates do not dispute that the legislature got power to make a law giving retrospective effect and also to make a ..Category: Constitutional Law | Date: | Hits: 188
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ing her son Mahtabuddin and the appellant as the heirs. The learned Single Judge noticed that 2/3rd share in the property left by Meher Afzan Bibi having devolved upon her son respondent No. 2, the dispute remains with regard to 1/3 rd share. 3. The learned Single Judge, as it appears fro..Category: Property Law | Date: | Hits: 57
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......cept the view of the High Court Division that the Government did not apply its mind to the case." As for the nature of jurisdiction of the Court it was observed: "Mr. Moksudur Rahman does not dispute the power of the Supreme Court to interfere with a decision of the Martial Law authorities o..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....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. ......r investment to be heard on pleadings, (4) Evidence on such applications shall be by affidavit, but the Judge may direct any witness to be examined." 4. It appears that no dispute was raised as to the power of the Prize Court to direct distribution or investment of the ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... of adjudicating authority which are more often called administrative tribunals. But there is a common element the authority may be judicial or administrative, but the authority is to decide either a dispute or an offence and it is to decide on fact and apply the rules to them, without considering e..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......be determined on the construction of the provision in question and the importance attached to the direction therein.” It was further observed: "It can hardly be disputed that if the advice is said to be mandatory it shall be mandatory with respect to advice o..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....ence motion against respondent No. 1. Mr. Monzur Ali, Magistrate, 1st class was empowered to preside over the meeting. On the aforesaid date the special meeting was held in which the no-confidence resolution was passed by all the elected members. On February 1, 1980 respondent No. 3 approved the......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
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