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Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....uit rejected the plaint. Judgment dated 27‑8‑2002 was followed by a decree. In recording rejection of plaint learned Joint District Judge took into account section 6 of The Ain of 1990 and, also, provisions embodied in Order VII, rule 11 (d) of The Code and rendered positive decision that Ain of......ng required by the court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint ..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ter they were shown arrested in 5 other cases in connection with the Paltan and Ramna police stations. Subsequently, they were shown arrested in two other cases which are being investigated under the provisions of International War Crimes Tribunal, Dhaka. It is claimed that the respondent No.1 is a ....... The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf of the petitioners that the High Court Division erred in law in directing them to grant Division-1 status to the respondents in failing to consider that the ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....enumbered as Execution Case No.58 of 2004. The last Execution Case was filed after promulgation of the Artha Rin Adalat Ain, 2003 and thereby the last Execution Case is to be proceeded with under the provisions of the Artha Rin Adalat Ain 2003 in view of section 60(3) of the Artha Rin Adalat Ain, 20......ndent filed the writ petition challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... Vs. (Esahab) Mia 8 DLR 82 the defendant contested the suit mainly on the ground that the Civil Court had no jurisdiction to entertain the suit and the suit was also not maintainable by reason of the provision of section 42 of the Specific Relief Act as the plaintiff had not prayed for possession as......e Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No.26 of 1977 has become infructuous is correct interpretation of law. But so long a decree remained unchallenged even if it is illegal that may create complications ..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....itled to recover their custody pursuant to the orders of the High Court of Justice (Family Division) whereby legal custody of the detenu children vests in the petitioner. He lastly, submits that the, provision of Muslim Personal Law of the parties is applicable in these cases and refers to section 3...... until further order. The copies of the orders are annexed as Annexures‑B and E to this petition. It is further alleged that the detenu children have been illegally and deceitfully removed from the lawful custody of the petitioner mother. Furthermore, the petitioner is entitled to recover the cust..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....defence. Section 225 CrPC has given a discount on omission to state in precise manner the particulars has to be stated including the name of the offence, time and place and all other details with the provision that such error or omission will not vitiate the trial unless the accused has been misled ......uaium Chowdhury, the learned Advocate appearing for the accused‑appellant, has submitted, amongst others, that the order of conviction and sentence passed by the learned Judge is not sustainable in law inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge wa..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....Limited and the framing of the suit showing Ananda Furniture as plaintiff and the defendant Md. Siraj as proprietor of Ananda Steel Tech Furniture Ltd. are absolutely misconceived and contrary to the provisions of law and as such the suit is not maintainable in law. 4. The Plaintiff filed written......e framing of the suit showing Ananda Furniture as plaintiff and the defendant Md. Siraj as proprietor of Ananda Steel Tech Furniture Ltd. are absolutely misconceived and contrary to the provisions of law and as such the suit is not maintainable in law. 4. The Plaintiff filed written objection on ..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he had not more than 2.30 acres of land. 4. The defendant Nos.1..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....eged knowledge of the pre-emptor in Jaishtha, 1380 B.C., nearly 25 years after registration of the kabala. He has submitted that the Court of appeal below has not delivered a legal Judgment under the provisions of Order 41 rule 31 of the Code of Civil Procedure inasmuch as that he has not adverted t......nce this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of the trial Court. He has sub..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....allowed the plaintiff cannot get any effective decree in the suit for in the absence of the amendment the decree will be infructuous and that in such position the amendment is permissible under the provisions of Order 6 rule 17 of the Code of Civil Procedure. To decide upon the aforesaid conten......ith the said contract in any way. The plaintiff cannot therefore have any right of relief against those six persons. 12. Order 1 rule 3 of the Code of Civil Procedure is the relevant provisions of law to who may be joined as, defendant and it is provided therein that these persons, against whom t..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....ed the suit. The Court of 1st Appeal upheld the Judgment and decree of the trial Court. In Second Appeal, a question was raised for the first time that the kabulyat was null and void being hit by the provision of section 75A of the S. A. & T. Act and the learned single Judge, after holding that ......sion. A contention raised by the defendant that the plaintiffs themselves being party to the transaction could not turn round and say that the kabulyat was null and void being in contravention of law was negatived by the learned Single Judge Thereafter the defendants have preferred this appeal. ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ispute and after publication of the election result in the official gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division hav..Category: Election Law | Date: | Hits: 296
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......under Order XXI rule 90 of the Code of Civil Procedure as Miscellaneous Judicial Case as per rule 774 (8) of the Civil Rules and Order and thus, the impugned order complained of is not sustainable in law. But the High Court Division found no other alternative but to send the case back on remand to t..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......earned Counsel. 8. Dr. Rafiqur Rahman, learned Senior Advocate appearing for the appellants has placed the leave granting order and submitted that the High Court Division has erred on facts and in law in not reversing the decision of the appellate Court and in not affirming the decision of the tr..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....t the petition is a derivative action on behalf of the Star Service Limited which is a shareholder of the respondent company Bulk Management Limited. 11. It may be convenient to quote the relevant provision of the Companies Act, 1994 in respect of winding up of a company. Section 245 of the Compa...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
.... the local addresses of the petitioner and thereafter, a notice was published in the local newspaper asking him to join in his service but he did not join and subsequently the respondent No. 1 as per provisions of the Service Rules, 1985 issued the memo dated 26-1-1994 (Annexure C) temporarily suspe......-4-2004 communicated vide Memo No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn aga..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....rsity.” Section 16 of the Ordinance describes the powers and functions of the Syndicate. The relevant portion of section 16 necessary for our purpose is as follows “16. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendenc......rofessor, Department of Civil Engineering, BUET in favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of s..Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
.... been filed not for realisation of any loan money from the defendant who was admittedly not a loanee, but he misappropriated the bank’s money. By no stretch of imagination the suit comes within the provision of Artha Rin Ain. It appears that the learned Advocate appearing on behalf of the appellan......aging Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, reported in 44 DLR (AD) 260. 5. As we have decided to send the case back on remand for fresh trial in accordance with law, we are not inclined to enter into the merit of this case as this may prejudice either side. ..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....airman No. 1. 4. While the position was such, on 13.11.2007 the Ministry of LGRD empowered the petitioner to exercise financial power due to the custody of the Pourashava Chairman /Mayor under the provision of section 11(1) of Pourashava Ordinance until further order. 5. In the meantime, some ...... Government of the People’s Republic of Bangladesh, declaring vacant, the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 136
....েট-২০০৭-২০০৮(১)/১৩৬ dated 09.08.2009 (hereinafter referred to Paripatra) and was convinced that it was the promise of the Government and filed return complying with the provisions of section 75(2) and 74 of the Ordinance. He himself filed return under section 82BB and ...... ২৫.০১.২০১০ (Annexure-C) passed by the Respondent No.1 and being instructed signed by Respondent No.3, in breach of section 82BB(1), shall not be declared to have been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the pre..
Category: Fiscal/Taxation Law | Date: | Hits: 227
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