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Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......t matter whether the contract was an executory one so as to apply the bar of the said section does not arise. 10. The relevant findings of the learned Single Judge may be set out: “From the terms of the two agreements, it appears that the agreements are something more than a simple agreeme......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....r section 561A of the code. Example may not provide an inflexible rule which would governs the exercise of the inherent power of the High Court under section 561A of the code, but the power being extraordinary it ought to be used sparingly, carefully and with utmost caution only where such exerc......ction to pass orders to secure the ends of justice and for that purpose the High Court is competent to entertain applications not provided by the Code. However, it must be clearly understood that the terms of section 561A of the code do not extend the jurisdiction of the High Court to matters which ......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......etitioner has urged before us two of the four grounds. First, is that there was non-compliance with Rule 7(1)(2) and (3) framed under Presidential Order No.67 of 1972 and the second ground is that in terms of sub-article (2) of Article 135 of the Constitution a second show cause notice was mandatory......ion, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, wi..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......law in England as well as in the Indian subcontinent. 35. The question verily turns on the scope and extent of the power of the Court to determine the legality or propriety of such detenÂtion in terms of the specific provisions of the detention law. Although formerly a writ of habeas corpus as ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......, his legal heirs have been admitted as partners in accordance with the provisions of partnership deed and whereas no normal deed has been drawn up so far, the parties desire to reduce in writing the terms and conditions of the partnership on which they have been workÂings so far and propose to wor......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, AdÂvocate instructed by..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......lawyer. Thereafter the requiring body sent papers direct to the Assistant Government pleader, High Court on February 12, 1970 with instruction to file the appeal. It took some time for settÂling the terms of appointment and ultimately the case record was sent to the Legal RememÂbrancer's office on......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment..Category: Procedural Law | Date: | Hits: 101
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......f 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plai......, Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ..Category: Employment/Service Law | Date: | Hits: 82
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....notification was issued on 15-1-1997 whereby the appellant was reinstated in service but without any arrear salary and allowances for the period he was out of service treating the said period as an extraordinary leave. Thereafter, the appellant joined his duties; that in the meantime the Administ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......bsp; Md Fazlul Karim J Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment &..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ...... entertaining the writ-petition itself despite there being decisions of this Court that except for challenging the vires of any law or of coram non judice no writ could be maintained in respect of terms and conditions of any person in the service of the Republic. 11. The whole argument of......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... speaking pardanashin. 11. "If, in a case of transfer by a pardanashin lady, a dispute arises as to its validity, the onus is always on the party who seeks to hold the transferor to the terms of the deed to satisfy the Court on evidence that she substantially understood the dispositio......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija..Category: Property Law | Date: | Hits: 30
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......nd economic, secured to all citizens connoting the concept to be the fundamental structure of the Constitution inasmuch as, the women of the country are not entitled to vote to have the same value in terms of their respective representation and the same could not be diluted by introducing the unequa......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represenÂted by the Secretary, ..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ification and correction of the final electoral roll (5) revision of the existing electoral roll and preparation of subsequent electoral roll after revision. 18. At the first stage in terms of the provision of section 7(1) read with rules 3, 4 and 5, a draft electoral roll has to be...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......he assets and liabilities of 11 concerns, including Bangladesh Paper Converting Works and Farough Industries belonging to the Company and the last date of submission of bid was 20th May, 1976. The terms and conditions of bidding were also notified by the Government. Later on, another public noti......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ey-General produced a copy of the file relating to the correspondence on the subject which shows that everything was done upto the issue of Notification on the same day i. e. 11.6. 1988. 662. This extraordinary movement was apparÂently made to avoid dislocation in the sitting BenchÂes but the f......d not divested the jurisdiction of the principal court or its confinement to the residuÂary area far less its total extinction. 132. The expression 'jurisdiction', powers' and 'functions' are not terms of art. They have got long legislative historical background. In 1861 Act SecÂtion 9 mentione......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......ent at any rate higher than the rate specified in their respective sanction letÂters; (b) that it be further declared that the defendants have got no right or authority to unilaterally change the terms and conditions of the loan agreement conÂtained in the sanction letter and/or change the rate......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh House BuildÂing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......r within the meaning of s. 116 T.P. Act nor is she a tenant by sufferance either. But she is a tenant under s.2(8) of the Premises Rent Control Ordinance and subject to the fixation of rent and other terms and conditions for a fresh tenancy the appellant is entitled to the benefit of s. 18(5) of the......man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove..Category: Property Law | Date: | Hits: 45
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......e appellants filed Second ApÂpeal Nos.23 and 24 of 1969 before the High Court Division. On a petition of compromise the two apÂpeals were disposed of by the High Court Division on 17th May, 1983 in terms contained in that petiÂtion. The respondents filed an application for the resÂtoration of th......his Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... of the elected Chairman. Hence, the Legislature have contemplated the removÂal of a Chairman a matter for consideration of special meeting and provided for special Rules. Rule 4 is in the following terms:— "4. Manner of calling special meeting for removal of Chairman.- (1) For the purpos...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil ApÂpeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... auction sale, that under Order 9, rule 13 C.P.C and the impugned order of the High Court Division have became otiose and arc accordingly set aside. The appeal is allowed subject to the following terms; The appellant shall deposit Tk. 75, 0007-(Taka seventy five thousand) to be paid to the reÂs......Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such payment being made with concurrence of this court..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... years ago and could not as yet be executed. It is true that the facts as in the present case authorise an executing court to grant stay of exÂecution of the decree under the aforesaid Rule "on such terms as to security or otherwise" but it does not necessarily mean that the stay cannot be refused ...... of execution of the decree has been properly reÂfused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the reÂspondent No. 1 Ishaque Ali, since deceased, and subÂstituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for..Category: Civil Law | Date: | Hits: 106
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