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Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......CR 520 (AD) a sum of Taka 1,000.00 was paid by the tenant to the landlord by way of security deposit and there was no stipulation for adjustment of the same against the due rents. So, considering the provisions of section 14 of the Premises Rent Control Ordinance it was held in that case that in the..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....icle 116 of the Constitution the Government was required to make appointments to these posts from amongst selection grade District Judges in consultation with the Supreme Court. In spite of the above mandatory constitutional and legal requirements the respondents, the Government of Bangladesh, repre......icle 22 of the Constitution enjoins the State to ensure the separation of the judiciary from the executive organs of the State. Article 116 has, therefore, to be interpreted in the light of the above provisions. There is no dispute that the pledge contained in the third paragraph on the Preamble pre..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......der the agreement. Therefore, this dispute should be referred to the Arbitrator as envisaged in clause 21 of the agreement between the parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can be invoked in the instant case.” In decreei..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......arned Judges failed to appreciate the question raised by the assessee and erroneously rejected the application. 8. The question of law framed in the reference application called for examination of provisions of section 34A and 9 of the Income Tax Act. For answering the reference the High Court Di..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....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. ......en the two parties are litigating over a matter, equity will not come to the aid of an indolent party who does not keep track of the course of the proceedings. When the matter is regulated by express provisions of the procedural rules there is no scope for introducing a supposed rule grounded on va..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......trol of all the Armed Forces of Bangladesh. In exercise of all powers enabling me in this behalf, I, Lieutenant General Hussain Muhammad Ershad do hereby further declare that:- 2. The operative provisions of the Proclamation which are relevant to the determination of the question before this C..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......he rent so remitted is returned to the tenant by the postal authorities as undelivered either on account of the landlord having refused to accept payment thereof or for any other cause." 31. These provisions relate to the manner of payment of rent and the remittance of rent by money order, in cas..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......ub-section (2) of 47A, the decision of the Controller of Insurance is final and shall not be called in question in any court and shall be deemed to be a decree of a Court. There is of course no other provisions in the Act providing any forum for settlement of any claim in respect of a life insurance..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......use 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 in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....ection. 15. Mr. Mainul Hosein, the learned Advocate the petitioners, submits that not counting the ‘outside Dhaka’ votes at the respective polling centres, has resulted in the violation of the mandatory and vital requirement of law, as contained in sub-section (17) of the Statute 46 of the Dh......ed that counting of outside votes in Dhaka after bringing them there has been a long standing practice. The election held in June 1999 as notified on 21-3-99 was for the academic year 1998 as per the provisions of section 46(1) of the statute. The notice issued mentioning 1997-1998 was for enrollmen..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......efendant for one year from 15-01-92 to 15-01-93 and the policy adduced by the plaintiff as exhibit 1 was issued by the defendant. 43. In the facts and circumstances of the cases and in view of the provisions of section 46 of the Act, and on the evidences as stated above, it is difficult for us to..Category: Business or Commercial Law | Date: | Hits: 211
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ...... right to challenge such a sale through tender. He further submits that the Government sold the suit property under Bangladesh Abandoned Property (Buildings in the Urban Areas) Rules, 1972. Since the provisions of these rules have been followed the plaintiff is not entitled to have a decree over suc..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......giving evidence: [Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Registration Act, 1908, unless its execution by the person by whom it purports to ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......, (BSR) Part 1, Since Rule 2(a) of the BSR, Part 1 included the petitioner’s service under the said Rules which reads as follows: BANGLADESH SERVICE RULES (BSR) PART I Rule 2. Subject to the provisions of the Constitution and except where it is otherwise expressed or implied, these rules ap..Category: Employment/Service Law | Date: | Hits: 70
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......er the licence required for the broadcasting television programmes is required by law to be granted under section 35 and/or section 55 of the Bangladesh Telecommunication Act, 2001 or whether the provisions relating to licences under the Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933 ..Category: Information Technology Law | Date: | Hits: 585
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614....... certified copy of the plaint (Annexure-A to the petition) and the petition under Order VII rule 11 of the Code (Annexure-B to the petition). The learned Assistant Judge rightly held that neither the provisions of Act 32 of 1989 nor rule 3 of Order XXXIX has got any manner of application in consider..
Category: Civil Law | Date: | Hits: 94
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... the Government of Bangladesh and others reported in 42 DLR 434 a Division Bench of this court while considering a similar question held as under: “The plaintiff having failed to comply with the mandatory requirement of law in giving description sufficient to identify the suit land, they are no...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......clause (a) or within thirty days from the date of the decision, as the case may be unless the grievance has already been raised or has otherwise been taken cognizance of as a Labour dispute under the provisions of the Industrial Disputes Ordinance, 1959.” 11. The respondents filed their grievan..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......strate following a decision of the Supreme Court in the case of Abdur Rahman Vs. State, 29 DLR (SC) 256. In the said reported case, their Lordships of the Supreme Court upon consideration of relevant provisions of law particularly of sections 155, 156, 157, 170 and 173 of the Code, Rules 276 and 277..Category: Criminal Law | Date: | Hits: 56
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