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....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......ue in service for a period of two and a half year after a specific probationary period of 2 (two) years the plaintiff respondent would be deemed to have been confirmed in the service according to the principle enunciated in the decision in the case of Mustafia Aziz vs Principal Momenshahi Cadet Coll......e decision in the case of Mostafa Aziz vs. The Principal, Momnenshahi Cadet College, Mirzapur reported in 29 DLR 104, Mr. Rob argued that the continuation in the service by the respondent No. 1 would amount to her confirmation in the service. It was further contended that the appellate Court as a fi..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......p; Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court s......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......Bong Branch and ors………..Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any orde......credit dated 28‑9‑1999 and 12‑10‑1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the satisfaction as to payment under the above..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......Judge prematurely intervened and passed the order correctly and legally and any such irregularity is curable by the provisions in section 537 CrPC” (Para‑14). 12. In consideration of the principle enunciated by their Lordships in the aforesaid decision we are not inclined to interfere w......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......sence of corroboration by the witnesses from whom the PW 1 heard about the occurrence, what he stated before the Court as PW 1 about the occurrence is nothing but hearsay evidence and it is a settled principle of law that hearsay evidence cannot be the basis of conviction. Unfortunately, the High Co......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......7 for leave to appeal. Leave was granted to consider the following submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and th......the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in possession along with the title documents without payment of the balance amount for as long as he could without noticing that out of a total consideration money of Tk. 2 lak..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......al Procedure does not lie as it is a device of invoking a second revision under the garb of an application under section 561A of the Code of Criminal Procedure which is not maintainable following the principle in the case of Nader Ali SA vs. Bangladesh reported in 1984 BLD (AD) 7 wherein it has ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......te to two Arbitrators and the Arbitrators, so appointed by the Court gave an award on 12‑8‑1997 for a sum of Taka 1,37,66,309.44 with 16% interest per annum till payment of the awarded amount. That the appellant by filing an application under section 33 of the Arbitration Act, 1940 c..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... 1 has referred to the decisions reported in ILR 22 Madras 270, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Re......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......n yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is b......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......Code of Civil Procedure will be applicable and accordingly, the impugned order, having been passed without complying the specific provisions of the Code of Civil Procedure cannot be sustained and the principle laid down 54 DLR 78 is not applicable in the facts and circumstances of the present case.
......30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in his favour and as security of the above loan, the petitioner..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......the appellant, lastly referred to a decision in the case of Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another reported in AIR 1965 SC 1923 in support of his contention that the principle embodied in section 111 (g) is equally applicable to tenancies. We do not find that this d....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......sed by the Customs authority in cash without hearing the writ-respondents. It is also the contention of the appellants that by the letter dated December 6, 2001 Respondent No.1 was directed to pay an amount of Tk. 4,81,07,374/- due as unpaid taxes and charges and instead of paying the same the Respo..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......olation of which is complained of is a nullity in the eye of law or not and an order passed by a court can be void on two grounds, namely - if an order is passed by any court in violation of the principles of natural justice that must be deemed to be an order passed without lawful authority and......tioner did not challenge the acquisition and requisition of the property but submitted that the petitioner is an awardee of compensation money and the petitioner has not yet been paid the entire amount of the award and therefore it was submitted that a direction may be given upon the respo..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......h and others………………Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if m......nt on November 5, 1973 in the name of the defendant No. 3, Manager of the plaintiff No. 1. According to the plaintiffs, the defendant No. 3 is their ‘benamder'. The defendant No. 1 received further amount of Taka 3,00,000 on September 21, 1976 and on November 8, 1978 received further amount of Tak..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......y have had yet acquired any right, title, interest in the suit land on the basis of alleged agreement with the plaintiff dated 11.11.1995 pursuant to an ex parte decree dated 5.1.1985. Apart from the principle of lispendens the respondent Ns. 1-6 have not acquired any right, title, interest in the s...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......9;law became offended by him and that they in collusion with the maid‑servant Farida were trying to kill Mr. Alam and they conspired with each other and hired professional killer in lieu of big amount of money and on 1‑1‑2002 at mid night at 12.00 hours with the help of Farida the ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Act, 1950 seeks leave to appeal against the impugned judgment and order of the High Court Division affirming the order dated 46‑2001 of the Subordinate Judge directing him to deposit the amount of consideration money together with the compensation thereon. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... retirement age or undertaking made by and on behalf of the from 57 years to 35 years, that in view of enshrined Statutory Corporation and that it is the reasonable constitutional provision regarding principle of equality and forbidding unequal treatment of the citizens, particularly in the context ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......rs and run the business in the name of Homeland Footwear Ltd. The complainant petitioner gave Taka 1,00,00,000 to the respondents as loan. When the complainant petitioner asked for refund of the said amount the convict respondent issued three cheques of three dates for Taka 30,00,000 bearing No. 437..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
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