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Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declar......an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declaration that he had been duly elected as Chairman of Alambiditor Union Parishad No. XI of Kishor..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
.... The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14......s used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 1..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......tention, he cited a few decisions which shall be presently considered by us. Since the franchise of a market is not recognised by or under any law in force in this country, appellants cannot get such declaration from the Court. Attorney-General Bakr next subÂmitted that it is the Government alone w..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ......i Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declar..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......7. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ...... the High Court Division (Mr. Justice M.H. Rahman) on 16th February 1982. 2. Appellants' predecessor instituted Other Suit No. 74 of 1960 in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to t..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....i Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from befo......juÂdgment and order passed by the High Court Division in Civil Revision No 1226 of 1982. 2. Government of Bangladesh is the appellÂant. Respondent Abani Kanta Chakraborty instituted the suit for declaration of his tenÂancy right in respect of the suit land contÂending that over one acre of C...Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....le, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an e......matter observing that he might prefer an appeal to the Chairman of the Managing Committee of the bank feeling aggrieved, he filed a suit, T.S. No 232 of 1976, in the Second Court of Munsif, Dhaka for declaration of nullity of the order of dismissal taking, among other things, the ground that he was ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....gment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject m...... said decree as provided in Article 33 of the Shilpa Bank Order, 1972. 4. On 30th November 1979 respondent Company filed Title Suit No. 255 of 1979 in the 3rd Court of Subordinate Judge, Dhaka for declaration that the compromise was illeÂgal, null and void and was not binding upon it. Respondent..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....han the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attract......laration and Registration) Act, 1973 and also under section 290 of the Penal Code. His grievances mainly were that the appellants who became owners of the Press in 1977 did not make and subscribe any declaration before the District Magistrate as required under the proÂvisions of section 4 of the af..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....ent between the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respon......phone etc., and Tk. 35,000/- as price of oil, diesel, mobil. The total amount of Tk. 47,330/- was ordered to be paid within 60 days from the of date decree. The learned Subordinate Judge also gave a declaration that the order revoking plaintiff-appellant's licence and appointment of respondent No. ..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....t judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being par......r. Miah Abdul Gafur appearing for the defendants frankly conceded that he is in occupation of the suit premises by forcible occupation. This forcible occupation does not give him shield in a suit for declaration of title and for khas possession and mesne profit. It is well known that possÂession is..Category: Property Law | Date: | Hits: 63
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....lah Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon......Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and..Category: Property Law | Date: | Hits: 37
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....angladesh Bank questioning the validity of the Staff CirÂcular No. 1 of 1973 (hereinafter referred to as "The impugned circular") which was issued by the said Bank on the 9th April, 1973. 2. The aforesaid circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists wh...... post of a Subordinate Judge one after another superseding the plaintiff. After having failed to obtain the relief claimed by him from the administrative authorities, he instituted a Civil Suit for a declaration that he occupied the same position with the some privileges and benefits as if he had be..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notifiÂcation No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by ......der passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notifiÂcation No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by the Vi..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ......n in cases of rebellion or invasion the public safety may require it." 6. Loughran in "Judicial Review of Federal Executive Action" at page 634 states that the aforesaid declaration in the Constitution "does not purport to convey power or jurisdiction to the judic..Category: Criminal Law | Date: | Hits: 85
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....;ned a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. P...... brother, who still remained minor They claimed to have been in joint possession with the defendants of the suit property and demanded partition of their two third share and also prayed for a declaration that the deed of perpetual lease was fraudulent, collusive and void and further that th..Category: Property Law | Date: | Hits: 54
Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh and others, 1981, 10 CLC (AD)
.... Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that th......95. In that decision a question of salary for the period of dismissal was considered and it was held that when dismissal of a Government servant is wrongful then be is treated by virtue of the declaration as being still in service, as such there is no reason why he should not also be given s..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....onstitution calling in quesÂtion the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaÂration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communica......ome amounting to Rs. 100.000/- for the assessment years 1964-65 to 1968-69. Mr. C. A. Ali authorised Advocate and Mr. Rajab Ali Mallick, partner appeared before the Committee. The excess income declaration was discussed with them." The Committee has been..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... of 1974) ultra vires the Constitution, as finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not decl......nged by the appellant in Writ Petition No 571 of 1979. On December 6, 1979 this notice was declared by a Bench of this High Court Division to have been made without lawful authority. In spite of this declaration the impugned notification under sec 9(2) of the Act was issued by the GovernÂment. The ..Category: Employment/Service Law | Date: | Hits: 180
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