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Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ...... 1992 and 4 of 1992 by the Rent Controller, Rajshahi and on no other material. It is thus evident that the learned Assistant Judge fell in error in passing the impugned judgment violating the correct principle of law relating to appreciation of evidence. The learned Court below fell in error in not ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......the power of the Court to reject the plaint on specified grounds. The rejection of the plaint means taking away the very basis of the suit, and the position is the same as if no suit was filed at all principles involved are twofold. In the first place, it contemplates that a still-born suit should b......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable to him as termination benefits and provident fund benefits, totaling Tk. 1,76,349.90 ..Category: Labour and Industrial Law | Date: | Hits: 255
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......ich he has not. To say that there is no jurisdiction to convict without evidence is the same thing as saying that there is jurisdiction if the decision is right, and none if it is wrong." 16. This principle of certiorari as spelt out above by their Lordships of the Privy Council had been re‑ins...... when the agent of respondent No.1 was driven out from the room when the votes were being counted and finally a result was shown in favour of the elected candidates showing him to have received votes amounting to 1372 and the petitioner 318 votes, and therefore, it is submitted by Mr. M. Amir‑ul..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......luded, the civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure". This decision is based on the famous case of Secretary of State V......nd also constructed a house upon the suit plot No. 2126, measuring 0.25 acre of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that their predecessor‑in‑interest Kadam was a refugee from India and that the ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......sion thereof on the basis of permission granted to him. In other words, he intended to say it is a permissive possession but there is no material on record to support this contention. Relying on this principle laid down in section 57 of Mohammedan Law and taking other facts into consideration it was...... Father of Plaintiff and defendant sent money, gold ornaments to the petitioner for defraying his educational expenses. 4. Further case of the plaintiffs is that he saved a lot of money out of the amount sent for him by his father and that he along with petitioner purchased about 29 bighas of lan..Category: Property Law | Date: | Hits: 74
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......r. Alam argued that although there was notice under section 106 served upon the tenant still it was held to be insufficient and on that score the suit failed. He submits that in the instant case this principle of law is very much applicable as there was no notice under section 106 served upon the pe......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ce of such witness is necessary. The learned Advocate for the appellant in support of his contention has relied on a decision in the case of Mumtaz Ahmed Khan Vs. State reported in 19 DLR SC 259. The principle settled in the above decision is not disputed, but the question is how far the above decis...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......tatutory provision, the employee has a right of action either in a superior Court in its writ jurisdiction or in a civil Court. (b) If the service of its employee is terminated in violation of the principle of natural justice. the employee has a similar right of action as in (a)." 30. He has r...... necessary to employ for the purpose of the Ordinance; (b) the scale of salary, allowances, honoraria, contributions and other remunerations to be paid to each such officer and servant; (c) The amount of leave to be granted to them, and (d) other conditions of the service. (2) The Chairm..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ...... of Revenue informed the Collector of Customs and Excise, Dhaka, Chittagong and Khulna that excise duty was not realizable from GP Sheet or CI Sheet manufactured in the factory before 6-9-89 and such amount if realised is refundable subject to the condition of aforesaid Rule 11. On 28-3-89 petitione..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......ave to Appeal No.774 of 2004 where the Appellate Division did not interfere with the order passed in accordance with Rule 6 of the further submits that the aforementioned Rule 6 does not infringe the principle of natural justice in that the President of the Governing Body of the College is nominated......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... to secure adequate representation in the service of the Republic and to protect the properties of the backward sections of the citizens of Bangladesh. Local Government has been conceived of on the principle of 'gradual development of self-governing institutions with a view to progressive real......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......he State Acquisition and Tenancy Act will arise and in that situation a question of partial pre‑emption in respect of the lands of the same Khatian will arise and it is not permissible as a settled principle of law. 7. While repelling the above contention of Mr. BK Das, Mr. Matin, the learned, ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1....... the impugned order under section 16 of the General Clauses Act. It is further alleged that since before issuance of the impugned order no show cause notice was given, the impugned order offended the principle of natural justice and, as such, it is liable to be struck down.
5. In this case an aff......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......d D.W.'s came to the finding that plaintiffs are in possession in the suit land and that the defendants have no right, title, interest and possession therein. 12. It is by now a well settled principle of law that the appellate Court is the last Court of fact. We have gone through the judgme...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ...... not justified in arriving at the conclusion that the case is barred by limitation. Mr. Mahmudul Islam, learned counsel appearing for the pre-emptee, on the other hand, contended that the fundamental principle is that the pre-emptors are required to prove the date of knowledge and since they failed ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......ent power under section 151 of the Code of Civil Procedure. Mr. Islam has further contended that the order of remand passed by the learned Judge of the High Court Division is against the well settled principle that order of remand cannot be made to afford opportunity to an unsuccessful party to fi......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ...... No.16 of 1991 before the Artha Rin Adalat at Jessore under the provision of Bangladesh House Building Finance Corporation Order, 1973 (P.O. No.7 of 1973) against the petitioner for realization of an amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the bu..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......h I myself having had placed reliance on the decision of AR Cornelius, ACJ (as his Lordship was then) and the decision of H Rahman, J (as his Lordship was then) I am unable to make departure from the principle laid down therein. Thus, the contention of Dr. Ahmed Hossain in this regard is upheld. The......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......l Hossain said that in Engineer the decision of Chandris was not disapproved and submitted that when in our country the Interest Act, 1839 has been repealed without re‑enactment we are to apply the principle laid down by the Court in England. 13. Syed Ishtiaque Ahmed argued that unless all the ......dent and the appellant appointed on May, 1990 Mr. Justice KM Sobhan as the sole Arbitrator. 3. The appellant before the Arbitrator submitted claim for Tk. 70,54,068.00 upto June 30, 1990. The said amount included Tk. 21,31,800.00 and Tk. 3,19,770.00 as business loss which was calculated at the ra..Category: Alternative Dispute Resolution | Date: | Hits: 156
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