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Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....Gafur, Advocate-For the opposite party. Civil Revision No. 9802 of 1991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 199......r. SR Karmakar, learned Advocate appearing on behalf of the petitioner, after placing the impugned judgment and other materials on record, submitted that Court below acted illegally in relying on the decision in the case of Shamsuddin Ahmed Vs. Mohd. Hassan and others reported in 31 DLR (AD) 155 as ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....secretary in the Ministry of Law, Justice and Parliamentary Affairs of the Government of Bangladesh and the notification being Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the app......rtain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal." 58. We have already seen that Article 116 of the Constitution la..Category: Employment/Service Law | Date: | Hits: 173
.... Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent No. 28.
Civil Appeal No.118 of 1982.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chow......ranted which was later cancelled by the Member, Board of Revenue. That matter was challenged and ended with the judgment of the Supreme Court of Pakistan. Assuming for argument’s sake that the said decision does not operate as res judicata in the matter, the question still emerges whether the plai..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....al Hossain, Senior Advocate, H.R. Sharif Advocate with him instructed by Syed Sakwat Ali, Advocate-on-Record - For the respondent No.1. Civil Appeal No.107 of 1981. (From the Judgment and Order dated November 14, 1980 passed by the High Court Division in First Misc. Appeal No.163 of 1977 with ...... After considering the respective claims of the parties concerned he referred to the point involved in the case, namely, whether the arbitration agreement in should be filed in Court. Reasons for his decision appeared from the following paragraph in his judgment: “Plaintiff has instituted this ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ecord - For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment Chowdh......earing for the petitioner submitted that the action of the Inspecting Joint Commissioner of Taxes is arbitrary, which is not contemplated under section 34A of the Act. He further submitted that the decision of the Inspecting Joint Commissioner of Taxes which has been illegally affirmed by the Tr..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1981. On appeal from the judgment and order dated, 3-3-1981 passed by the High Court Division in Civil Revision No.1122 of 1977. Judgment ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ions are seen to have been made: First, the Proclamation, Regulations and Orders made thereunder will prevail over any existing law, secondly, the Constitution of Bangladesh stands suspended from the date of the Proclamation, thirdly, all Acts, Ordinances, President's Orders, Proclamations, Rule......ny judgment of the High Court Division or the Appellate Division is concerned what is done by the Court is to examine the law and declare what that law is and secondly, whether the impugned action or decision of the authority concerned against which the application under Article 102 was preferred co..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....For the Respondents. Criminal Appeal No. 2707 of 1999. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellants against the Judgment and Order of conviction and sentence dated 31st October, 1999 passed by the learned Judge, Special Tribunal No.4, Rajshahi in Special Tri......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....ales Tax Officer was apparent from the records and a letter was issued on 25th August, 1962 proposing rectification of the assessment under section 30(1) of the said Act. The assessee on the same date stated that he had “no objection to the proposed rectification under section 30(1)”. 3.......tters are maintainable under Article 103 of the Constitution without praying for a certificate under section 66(A)2. We accordingly, hold that the present appeal is maintainable in view of the said decision of this Court. 8. Mr. C.R. Ali, learned Advocate appearing on behalf of the appellant..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... Rabbabi, Advocate, with Ranesh Chandra Mitra, Advocate, instructed by B.C. Panday, Advocate on Record - For the Respondent Nos. 1-3. Civil Appeal No. 84 of 1978 (From the Judgment and Order dated 7-6-77 passed by the High Court in Civil Revision Case No. 177 of 1876). Judgment Badru...... Procedure. 8. Being aggrieved by that order the appellant moved the High Court and obtained the Rule in Civil Revision No. 1177/76. A Division Bench of the High Court on consideration of some decisions discharged the Rule agreeing with the view that was expressed in 19 DLR (Dacca) 81: ..Category: Procedural Law | Date: | Hits: 80
....neral, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Judgment
......with the fate of that case. The prosecution examined in all 24 witnesses and the defence did not call any witness in their favour, but their case by way of suggestions to prosecution witnesses. The decision of the Trial Court so far respondent is concerned has been set out above.
4. On appeal D..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 passed by the High Court Division in Writ Petition No.1706 of ......rt Authority-respondent No.2 for leasing out land measuring 50,000 square metre open space outside port protected area at 'X' and 'Y' shed compound of the CPA on open space rent. The CPA Board gave decision in favour of the petitioner for leasing out 51,526 square open space initially for one year..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Parte—the Respondents. Civil Appeal No. 218 of 2003. (From the Judgment and order dated 13-11-2001 passed by the High Court Division in Civil Revision No. 667 of 1993). Judgment ......nce of a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of the proceeding in which its existence is to be determined. Judicial decisions must proceed upon imperfect materials and must be made at the risk of error. The learned A..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....ab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1977 passed by the High Court of Bangladesh in S.A No. 1050 of 1965) Judgmen...... in favour of Md. Hanif was a forgery, in that, his name was subsequently interpolated. On the question of the Sale decree in the earlier to Title Suit No.72 of 60, the two Courts came to conflicting decisions. The trial Court held in favour of the plaintiff, finding it to be fraudulent and void, ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....ents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1......ient answer to the submission made by Mr. Ahmed Ali. 7. Mr. Ahmed Ali tried to submit that there being no Claims Settlement Board constituted under section 47C(2) of the Act by the Government, the decision of the learned Subordinate Judge treating the order of the respondent No.3 as final and the..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....t No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being ...... Article, should in case of conflict, prevail over Article 26. Lastly, the Courts are generally reluctant and will rarely interfere with the internal management and administration of a company and/or decisions/resolutions passed in the Board Meetings. 23. We have considered the submissions, of th..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....m and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Gradu......ection the case of Mian Jamal Shah Vs. Member, Election Commission, reported in DLR 18 (SC) 1, (relevant Paras 47 and 48) may be referred to, wherein it has been observed that if an authority takes a decision on the basis of some facts and if those facts are not available, then that decision will be..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....Janata Insurance Company Ltd. As the issues raised are common, the appeals were heard together and now, disposed of by this judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decree......was based on life insurance. In Portavan Cinema, only case cited where the claim for loss by fire was made on double insurance which was rejected by the House of Lords. We have read the judgment. The decision rather supports the case of the plaintiff on issues, namely, insurable interest, beneficial..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....ub Elahi, Advocates - For the Petitioners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the......aving been filed on 21-1-1982, the suit is very much within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong decision. The learned Subordinate Judge took the right view in determining the point of limitation. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....duties on the part of the plaintiff’s Master. So, the defendant is liable to pay compensation for causing the damage. The plaintiff repaired the Tanker at a cost of Taka 66,500.00 and by its letter dated 16.3.1989 requested the defendant to make payment of the aforesaid amount. But the defendant, ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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