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Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....vision, Comilla Bench, in Civil Revision No. 140 of 1984). Judgment Shahabuddin Ahmed J. - This is an appeal by special leave granted to the appellants, Bangladesh and another, to examine the legality and propriety of a decree for specific performance of a contract for sale of a resident......ayment of the premium is made the allottee will occupy the quarter as a mere "licensee". Learned Deputy Attorney-General argues that the expression 'Licensee' has been used just to show the allottees status and legal position and contends that a licensee's right has been given in s. 52 of the Ease..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....essary. In case of any indispensable necessity for change of polling station the returning officer must seek approval of the Election and approval so given even after the poll was over, was valid and legal………..(8 & 9) Case Referred to- 41 DLR (AD) 68. Lawyers Involved: Dr. Kama......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....consideration now is whether there is any scope to commute the sentence of death passed upon the appellant. 10. In awarding sentence under section 302, Penal Code there has been some change in the legal position since the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978) came into effect o......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ted from the Income Tax Act cannot be brought within the ambit of the total income of the assessment. The Appellate Joint Commissioner in his order observed: — "In view of the fact and legal position stated as above the Act is directed not to include income from salary with the othe......tion while computing total income of an assessee judge. Held: Section 60 of the Income Tax Act cannot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....icultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the suit land and no legal possession therein within 12 years from the date of filing of the suit on 23.2.72. The plain......2 have not been properly considered by the said two Courts. 9. Mr. M. Nurullah, the learned counsel for the defendant-respondents, submits, on the other hand, that Exts. 3 and 4 did not confer the status of non-agricultural tenant upon the appellant. The lower appellate Court has fully discusse..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... the revenue budget with continuity of service and other attended benefits. 7. The writ petitioner-respondents of writ Petition No. 6591 of 2004 moved the High Court Division challenging the legality of order dated 14.05.2003 (annexure-J to the writ petition) and for a direction to absorb......re, granted in all the petitions to consider the same. The petitioners are permitted to prepare paper book out of court in accordance with rules. Parties are directed to maintain status-quo in respect of appointment till disposal of the appeals. The petitioners are direc..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....led to pass any order in the petition filed by the petitioner under order 39, Rules 1 and 2 of the Code. Accordingly, we find merit in the Rule" and submits that such ‘finding' cannot be legal basis of any judicial order. 4. He thereafter submits that the impugned judgment of t......d Attorney General merit consideration. Leave is, therefore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ce of the scribe of Ext.1 was of a professional deed writer since "deed writer under all circumstances do not depose falsely", that contention of the defendants that plaintiff No.2 for illegal gain took away the Ext.1 is nothing but a device "to nullify the effect of evidentiary v......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. 4 As it appears the High Court Division dis&......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......s instituted the aforesaid title suit against the first party petitioners for declaration of title, confirmation of possession and partition and on application for temporary injunction and order of status-quo in respect of possession was passed. Ultimately the suit was decreed on contest on..Category: Criminal Law | Date: | Hits: 70
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
.... and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner under aforesaid Sections of the Pen......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....ereafter approached defendant No.3 with an application which was marked as Miscellaneous Petition Case No.57 S.A./1979-1980 for setting aside his order. The matter was sent to defendant No.4 who illegally upheld the order of defendant No.3 by his order dated 22 May 1982. On these averments the p...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....ive value as per provision of section 90 of the Evidence Act and that the said presumption has not been rebutted from the said of the defendant, that the appellate Court has not at all considered the legal effect of the documents which are of more than 30 years old and also the other evidence on r...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....aintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declaration that the order dated 11.8.1984 removing him from service is illegal, void etc. and that he is still in service as Rural Development Officer, Savar Upazila Centra......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ore twenty two thousand) in the sponsors share capital and promised further 2 (two) director positions in the respondent No.1 company and also requested the respondents for canceling/rescinding the illegal and unlawful activities and decisions that were taken in respect of the issue of sponsors shar......004 till 2nd February 2004 but the same was not renewed. The petitioner renewed the prayer by filing a fresh application to that effect in the facts and circumstances of the case. Let an order of status quo be granted to the above effect till disposal of the appeal in Civil Petition No.20 of 200..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....nts Act, 1881. 3.The learned counsel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the chequ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....ul was convicted under Section 19 (f) of the said Act and he was sentenced to suffer rigorous imprisonment for 8 (eight) years there under. The convict petitioner Zakir Hossain challenging the legality of the aforesaid judgment and order of conviction moved the High Court Division under sect......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....de to the Managing Director by the Board in 1974 shall continue until delegation of power is made afresh. Mr. Islam submits that it is an administrative order and they are not supposed to know the legal position and the position of law is that delegation of power once made shall continue unless ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....nsolidated sum of Tk. 7,000/- to each of the inmates. The writ petitioner further alleged that in the vagrant home they were abused and that the detention of the inmates at vagrant home was illegal. 3. On the said application the rule was issued calling upon the respondents to show c......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....equires the shop in question. It was also the case of the plaintiff that defendant without obtaining permission from him made construction on the southern side of the shop No.1 and also installed illegal electric connection in the shop, that the defendant caused disturbance to the other tenants of......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
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