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Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......er for khas possession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami transaction ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ed, by any agreement, express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortg..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ice which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ jurisdiction not on the basis of any accrued right but on the principle that in such matters the Government must not act arbitrarily and to satisfy the requireme......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tion 406 of the Penal Code. On the face of the judgment of the courts below it is clear that both the trial court as well as the appellate Court failed to consider as to whether a loanee for the loan amount can be charged for criminal breach of trust at the instance of the loaner. On behalf of the a..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......stituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for an amount of Taka 1,77,575.00 Taka 1, 75,000.00 as dower and Taka 2,575.00 for maintenances for the pe..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......e assumption was that with the abatement of the writ petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connection wi......nt that the learned Judges observed that the earlier writ petition filed by the appellant against the original order of redemption had abated after the promulgation of Martial Law in 1982 and this amounted to a discharge of the Rule in the said writ petition. Reference was then made to Paragraph..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......oner’s prayer to stay operation of memo No. ERD/ Ba-5 (153) Misc. 34 dated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ...... provisions made thereunder and other laws including the Constitution it should be inferred that a recognised secondary school is a statutory body entrusted with the implementation of a fundamental principle of state policy of establishing a uniform, mass-oriented and universal system of educati......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......stitutional journey the question of locus standi was given a liberal Contour in that decision by this Court at a time when the Blackburn cases were just being decided in England which established the principle of “sufficient interest” for a standing and the doctrine of public interest litigation......case. 8. The liberal interpretation given to the expression “any person aggrieved” in the judgments of my learned brothers, in my opinion, approximates the test of or if the same is capsulised amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious in..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......cordingly. Under section 152 C.P.C the trial Court ought to have corrected its own clerical errors even after the passing of the decree. 14. Section 152 C.P.C is based upon the broad principle (1) that any act or omission of the court shall prejudice none of the parties of the proc......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......ellip;…………….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed ......tax clearance certificate from the relevant authority and liquidating all other liabilities in respect of the suit property. On different pretext those defendants, received on June 4, 1976 further amount of Taka 1,00,000.00 and again on September 13,1979 Taka 1,00,000.00 and lastly, on October 3..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......g his mind as to whether the amount signed was actually due when the amount was not admitted or determined by an authorised person; that Section 10A of the Public Demands Recovery Act violates the principle of natural justice and it offends Articles 27 and 31 of the Constitution. The learned Jud...... Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Krishi Bank sanctioned an amount of Taka 30 lakh, which was repaid by respondent No.1 with interest in full. Respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 150
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......nt returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Arabia wh..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ff after her death. 5. Mr. SR Karmakar, learned Advocate appearing for the plaintiff-petitioners, submits that the learned Judges of the High Court Division had correctly decided the principle of law enunciated in Section 205 of the Hindu Law but if in the meantime the property is ......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never......n favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never reached the appellant as its income.………………&h..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The lea..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......artial law regimes are periods of transgression and when the Constitution is revived, the court in exercise of its judicial power will examine each act complained of and may condone the same on the principle of necessity or for any other good reason notwithstanding the bar created for such exami......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......tary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through separ..Category: Administrative Law | Date: | Hits: 130
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... fraudulent and not binding on them. After the institution of the suit they made an application for temporary injunction restraining defendant Nos. 1 and 2 from taking any step to realise the said amount from them. The learned Assistant Judge thereupon issued a shoe cause notice to the said defe..Category: Procedural Law | Date: | Hits: 109
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......of no avail without the foundation of minutes of the meeting which is yet to be produced.
11. Mr. Ahmed has next submitted that the High Court Division erred in law in not following the judicial principles in respect of granting temporary injunction, particularly that not to affect the internal......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
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