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Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....sferred to defendant No. 3. On the other hand, it is the case of the defendants that they have taken defendant No. 3 as partner. It is argued that partnership is one thing and transfer of interest is completely different. Hence it is submitted that section 18(3) has no application and the High Court...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re......ary exactly to determine. But it may be safely taken that the word "transfer" is used in law in the most generic signification, comprehending all the species of contract which pass real rights in property from one person to another." (13 ALL 432 relevant page 476). And then the transferee o......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ...... Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal ......half was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though appointment of court...... It is clear that the order of remand would serve no purpose except to allow undergoing a formal ritual of the observance of rule 3 of Order 32 of the Code which will have no practical bearing on the adjudication of the matter. …………………(6 & 7) Lawyers Involved: S. R. Pal, Sen..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e contention as lo provision for renewal of loan the appellant has annexed a document lo the leave petition (annexure "Y") containing procedure for renewal of working capital loan. To make the matter complete and up-lo-dale as lo me said loan, it may be slated at this stage that the appellant in his......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th...... only when the said person actually assumes that office or purports to do the same. In the present case, the day when the writ petition was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to t...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....owers this Court to transfer a criminal case from one Permanent Bench to another Permanent Bench. The learned Additional Attorney-General thinks that this Court may however pass any order for doing complete justice to a case including order for transfer under Article 104 of the Constitution. On ......Mills Limited, for recovery of Tk. 5.25 lacs on 24 November 1984. The respondent filed Money Suit No. 7 of 1984 in the Court of Subordinate Judge, Jessore, against the petitioner for Tk. 19.62 lacs and odds on 5 December 1984. The petitioner alleged that respondent's suit was filed just to avoid t......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme......s an act of trespass into his land and they found place in the plaint. But in framing the plaint it was so done as a suit for injunction. The amendment is more a rearrangement of the facts in their proper perspective and making a prayer for appropriate relief. Apparently, adding of a Schedule an......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......Case is also Reported in: 31 DLR (AD) (1979) 127.......learned Judges of the High Court Division. If so the plea of administrative convenience does not stand. It appears that the appellant was bent upon to take action against the respondent without any proper cause. In our view the respondent held his office substantively in the temporary cadre and he......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......Case is also Reported in: 31 DLR (AD) (1979) 119. ......he learned Counsel has pointed out that the Supreme Court of India in the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciate......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....d for in the suit. 7. The learned Single Judge of the High Court Division found that the agreement for lease in question was in substance an agreement to exchange of properties and it was to make complete transfer of title and interest in the properties, and as such section 75A of the East Ben......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......nts as plaintiffs, decreasing the former and dismissing the latter. 3. The case of the respondents, who were plaintiff in Title suit No.436 of 1956, is that Respondents No.1 and 2 are owners of properties in West Bengal, India. The appellants had some building within the Municipal area of Khul...... 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. ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....aim of all the parties having right to pre-empt according to the provision under sub-section (5) of section 96 in one proceeding and avoiding multiplicity of proceedings. So, for the sake of full and complete adjudication of the rights and granting relief, there should not be absence of any necessar...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......arned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper appreciation of the question relevant sub-sections of section 96, that is, sub-section (1),......l the parties having right to pre-empt according to the provision under sub-section (5) of section 96 in one proceeding and avoiding multiplicity of proceedings. So, for the sake of full and complete adjudication of the rights and granting relief, there should not be absence of any necessary party. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....trate is not stultified may direct farther investigation, but cannot direct submission of supplementary charge-sheet. In this field the statute confers wide power upon the investigating agency to complete investigation in the case of cognizable offence reported to the police. The police have bee......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......tion submitted charge sheet against the respondents. In the affidavits it was stated, inter alia, that the stock of whisky and cigarettes carried by vessel were not cargo duly loaded and supported by proper shipping documents but were meant for smuggling purposes; and that none of the cargo was me......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....t in Writ Petition No.315 of 1967. Leave was granted to examine the question as to whether the respondent after having obtained from the Chief Controller of Imports and Exports a permit to import complete units of Cold Storage and Ice Plants as well as G.I. pipes and G.P. sheets of the value of ......e is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ...... that penal actions taken by the Customs Authorities were justified and the same were in accordance with law. It was further stated that show cause notices were duly issued to the respondent before adjudication but the respondent did not avail of the opportunity. It was asserted that respondent by..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... satisfaction was inferred in all those cases on the nature of the words used in the enactment empowering the authority to make the necessary order and the principle laid down in these decisions held complete sway over the sub-continent till the independence of the country. According to this princ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ami Jute Mills and demanded grant of bonus to the labourers. When the manager of the said Mills expressed his inability to accept the demands, his residence was brick-batted causing damage to the properties. "That you organised a large number of J.S.D. public meetings within the area of al...... 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. ..Category: Constitutional Law | Date: | Hits: 408
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen......he Martial Law Regulation, I submit sincerely and honestly that if the amount with my wives and children grown as reserve which I give below is declarable and taxable, it may be treated as deemed proper. The amount is Rs. 1,30,000/- (Rupees one lac thirty thousand) only.”
3. In continuati......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....atian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent receipts; that all the formalities leading to the execution and registration of the lease deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman, Miscellaneou......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru......ongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statem......ment also admitted his possession in the written statement and the land has been proposed to be leased out in favour of the petitioner, as such his presence is necessary for complete and effectual adjudication of the suit, the High Court Division failed to consider that the petitioner being in p..Category: Property Law | Date: | Hits: 24
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. ......, 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. ......he aforesaid amount from date till realization. 9. In the fact and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materials on record arrived at a correct decision. We find no cogent re......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. ..Category: Employment/Service Law | Date: | Hits: 82
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others ..............d, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely related to each other being brother and sister and for convenient possession of their inherited properties there was a deed of partition amongst them and accordingly the plaintiff (a pardanashin ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ......ad Roy Chowdhury and others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....PIDC as an Assistant Engineer in 1960. While he was working as a Senior Research Officer in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation war of Bangladesh started and he actively participated ......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......espondent by filing affidavit-in-opposition contested the Rule contending, inter alia, that the writ-petition was not maintainable as it relates to service condition of the writ-petitioner and the proper forum was the Administrative Tribunal. It was also contended that no formal decision was tak......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. ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....cted interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justice in a cause. The rule merely prescribes that the requirement must be a genuine one ......is no order as to cost. Ed. ......urt held since defendants' documents namely, Heba deed, the kabuliyat and the CS khatian prepared in the name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it wou......deed, the kabuliyat and the CS khatian prepared in the name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it would be legal and proper to remand the suit to the t..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ......f accused Abdul Quayum dated 13-4-2005. The action of the learned Magistrate is malafide and it, in fact, leads to the malafide intention of the prosecution to throttle the proper investigation of the case. 12. The learned Counsel thereafter, submits that the case ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
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