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Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... "We do not find that the said ground was specifically taken before the appellate authority as it is evidenced from the application of appeal filed by the petitioner against the order of compulsory retirement from serv..Category: Employment/Service Law | Date: | Hits: 92
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......rs, seek leave to appeal against the judgment and order dated 9-4-2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3864 of 2005 rejecting summarily the application under section 561A of the Code of Criminal Procedure praying for quashing the proc..Category: Criminal Law | Date: | Hits: 46
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. ......eal No. 42 of 2002. Judgment: Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for c..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....here is no such territorial jurisdiction. 86. The Calcutta High Court was established by the Letters Patent (1862) in pursuance of the Authority of the High Court Act 1861. There years later a fresh Letters Patent was granted in 1865 for reasons which will be mentioned later in this judgment.......ent seat is concerned. 37. Mr. Hossain pointed out that neither the President nor the Chief Justice has applied their mind in assigning the areas to the permanent Benches. It was mere mechanical application of the scheme that was conceived during the Martial Law period. 38. Mr. Hossain refer..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....ent November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defe......5 of 1985 Judgement ATM Afzal J.— This is a plaintiffs' appeal by leave. The question raised is whether the High Court Division was justified in summarily rejecting the appellant's revisional application against the order of the Munsif, Debhata Upazila in Title Suit No. 8 of 1985 refusing ..Category: Procedural Law | Date: | Hits: 110
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....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 Ordinance……….(11) ...... Per month and further, she must renew the tenancy on fresh terms and conditions. Learned Counsel concludes that by the proposed renewal the landlord sought to create a new tenancy, and as such application of terms and conditions of the old Agreement is out of question. 10. Mr. Rafiq-ul-Huq..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....espondent No. 2 will be set aside he will not be deprived of any benefit accruing to him on the basis of the said order as he will be deemed to be acting as Executive Engineer temporarily until a fresh selection is made. 16. In the result, this appeal is allowed without any order as to cos......therein provides for a qualifying service of 7 years for promotion to the post of Executive Engineer. Mr.Maksum-ul-Hakim referred to a Government recruiting rule but evidently that has no manner of application in the case of DIT. Mr. Maksum-ul-Hakim then argued that notices of the meetings of ..Category: Employment/Service Law | Date: | Hits: 89
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 enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......re the High Court Division. On a petition of compromise the two appeals were disposed of by the High Court Division on 17th May, 1983 in terms contained in that petition. The respondents filed an application for the restoration of those appeals on the ground that the petition of compromise w..Category: Criminal Law | Date: | Hits: 45
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... in view of the limited question on which leave was granted and the appeal heard and particularly in view of the order which is proposed to be passed in this appeal. 9. The appellants in their application (8.11.79) for being added as parties in the High Court Division stated that plaintiff No..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......rous imprisonment for seven years and to pay a fine of Taka 35, 0007-only. 4. The appellant preferred an appeal, Criminal Appeal No. 430 of 1987, before the High Court Division. He also filed an application for bail, but his prayer for bail was rejected on the ground that prima facie there was ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building 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......6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka rejecting the revisional application of the appellant under section 115 of the Code of Civil Procedure summarily. 2. Fac..Category: Property Law | Date: | Hits: 30
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......laintiff is the appellant. Leave to appeal was obtained from order dated 24.10.1983 passed by a Single Judge of the High Court Division, Rangpur Bench in Second Appeal No. 268 of 1978 dismissing an application for restoration of the said appeal which was dismissed for default on 19.6.83. 2...Category: Procedural Law | Date: | Hits: 96
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....e followed in case of equality of votes; (j) the custody and disposal of ballot papers and other papers relating to elections; (k) the circumstances under which polls may be suspended and fresh polls may be held; (l) the election expenses; (m) the corrupt or illegal practices an......lection Tribunal for specified areas (section 27). The Election Commission may transfer the election petition from one Election Tribunal to another Election Tribunal either of its own motion or on an application made in this behalf by any of the parties (section 28). Section 29 provides the proced..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......er, P.H.E. Government of Bangladesh on 23.1.58. At the relevant time he was working under defendant No.4, the Sub divisional Engineer (Assistant Engineer), P.H.E. Barisal Sadar (North). He filed an application for leave on medical ground for one month with effect from 21st June, 1975. The leave wa..Category: Employment/Service Law | Date: | Hits: 103
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......representatives of the areas concerned". The Union Parishad Ordinance, 1983, which repealed and to a large extent re-enacted the Local Government Ordinance, 1976 (Ordinance No. XC of 1976) in its application to Union Parishad, is the Statute governing the constitution, function and responsibilit..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8....... The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and ..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ment, as referred to in Clause (a) of Rule 122, the exemptions provided in the aforesaid sub-clause (ii) cannot be claimed by the Port Authority. It has already been seen that not to speak of such application or permission or agreement in pursuance thereof, the appellant did not have an iot..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......Hossain mentioned that there is no plausible explanation as to why the appellant company did not file any written statement for very long and allowed the suit to be decreed ex parte and then filed an application for restoration of the suit. Further, no explanation has been offered as to why the othe..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....rship is a movable property under the Partnership Act. But the greater part of the consideration—Tk. 1400/00—was not paid. For realization of this amount the respondent should not be derived to a fresh litigation. This amount was due by July, 1967 when its real value was at least seven times tha...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......g that year." If the bonus share is the income of the company, how an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income an..Category: Fiscal/Taxation Law | Date: | Hits: 131
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