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....ocation Rule, 1982 and apparently not on the ground of default, in the payment of rent. Rule 3 of the Bangladesh Allocation Rules, 1982 provides as follows:
"3. Eligibility.- (1) Subject to the provisions of sub‑rules (2) and (3), all Government servants employed in a Ministry, Division and ...... issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impug..
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Article 10 of the Bangladesh Passport Order, 1973 by way of appeal and, as such, this application is not maintainable. The impugned order was made in public interest and it is in conformity with the provisions of Article 36 of the Constitution. It is father alleged that an understanding was reached......ports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner ..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....w, in view of the proviso of section 7 of the Act as stated above. 4. Mr. Sajjad Ali Chowdhury, the learned Assistant Attorney‑General while assisting this court, has taken us through the entire provisions of the Artha Rin Adalat Act, 1990 and then he has submitted that this Act is not a creati...... preparation of the paper book in the appeal was dispensed with. We heard this Misc. Appeal and fixed it for judgment on 6.7.92. But on that date it struck us as to whether the appeal is competent in law, the impugned order being passed by the Artha Rin Adalat. Then we again fixed this appeal for fu..Category: Civil Law | Date: | Hits: 169
....owing observations:
"The learned Advocate for the appellant submitted that the penal section of striking out the plaint or w/s. is provided only under Or. 11 rule 21 CPC and there is no such penal provision embodied under Or. 11 rule 14 CPC. The learned Advocate referred some provisions of CPC em...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
..
Category: Procedural Law | Date: | Hits: 132
....controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing of the total income of the assessee company the Deput......ation No. 5 of 1989 (Chittagong).
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittago..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....am Hussain reported in 29 DLR (SC) 185. DC Bhattacharya, J. delivering the judgment in that case observed that a Court should not presume the existence if inherent power to do that for which specific provision has been made by a statute and should not invest itself with such jurisdiction for the p......decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof upon a reference to the reported decision it appears that the law is already well settled. It is not necessary to burden this judgment with all those decisions. T..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......ce cannot be treated to be mitigating circumstance justifying lesser punishment and further if such delay is allowed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injustice. Leaned Deputy Attorney General further urged that..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....tem examination on the dead body of the deceased has not been examined in this case. But fact remains that the post‑mortem examination report has been brought on record after full compliance of the provisions of section 509A of the Code of Criminal Procedure. However, the injuries so found by the ...... and it may be written or it may be verbal or it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....nce the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election in conducted honesty, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (2) In so doing it may pass any order, unless specific......t Nos. 1, 6 and 7 to show cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....ed petitioner and the opposite party No.1, let us now see whether the complainant opposite party No.2 has filed the case before the learned Chief Metropolitan Magistrate strictly complying with the provision of law envisaged under section 138 and 141 of the Negotiable Instruments Act and whether t......es were presented on 28-7-2005 to the concerned Bank but the same were dishonoured by the said bank due to insufficient fund. 5. It is further stated that on 2-8-2005 the complainant through its lawyer served a notice under section 138 of the Negotiable Instruments Act wherein they requested th..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....is appeal. 5. Mr. Abul Kalam Chowdhury learned Advocate appearing on behalf of the appellant submits that the order dated 15-8-2004 was passed in absence of the defendants which is contrary to the provision of section 89A(1) of the Code of Civil Procedure. Because in the said section it has been ......and decree is liable to be set-aside. Mr. Abul Kalam Chowdhury further submits that during the proceeding no registered process was sent to the address of the present appellant which is required by law to do. As such the impugned judgment and decree is liable to be set-aside. 6. Mr. Md. Waliur ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
.... in passing the impugned order dated 28-8-2007 in rejecting the application under section 540 of the Code of Criminal Procedure for recalling and re-examining the witnesses. 12. Now let us see the provision of law under section 540 of the Code of Criminal Procedure which runs as follows: "540.......Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witnesses and the case is fixed for argument on 18-10-2007. At this stage, the conducting lawyer for the accused persons have already become the Additional Public Prosecutor in Brahmanbaria ..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......fering balance amount asked the plaintiff to execute and register the deed are perverse being contrary to the material evidence on record. The learned Advocate finally submits that the proposition of law is well settled that in case of sale of immoveable property time is not essence of the contract ..Category: Property Law | Date: | Hits: 105
....res, it is noticed that clause 1 of Article 4 of P.O. 27 of 1972 has provided for vesting of all scheduled industrial enterprises free from all encumbrances whatsoever: clause-2 of Article 4 has made provision to enable the Government to sell or transfer any industrial enterprise or its share or own......er, 1982 published in extraordinary Gazette are rules under Article 4 or under Article 24 of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and as such they have the force of law creating a legal right of the petitioners to obtain transfer of the controlling shares, it is no..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......vocate for the opposite parties, however, submits that the jurisdiction under section 115(1) C.P.C, as it read at the relevant time, can be exercised by this Court only on the ground of an error of law apparent on the face of the record in the decision. In the instant case the records show that th..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....emely reluctant to interfere unless it can be said that the allegation that has been made in the F.I.R. or charges framed on the ground even if believed would not disclose an offence under any of the provisions of the Penal Code, then only a question of abuse of process would arise so also the ends ...... no substance and the petitioner cannot ask to quash a proceeding as a matter of right but only when the allegations made against an accused was absurd or perverse disclosing no offence in the eye of law. In the present case the FIR as submitted, disclosed an offence which if proved is punishable ..Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....ective offices/branches they have been transferred to other offices/branches in Dhaka and Narayanganj, with ulterior motive of curbing and frustrating their trade union activities in violation of the provisions of section 47 (B) of I.R.O., 1969 as amended; it has been alleged that none of the 65O em......he 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we have heard them together and they are disposed of by this ju..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......ent the plaintiff has been paying rent to the Government in respect of 1/3rd share of the suit plot. The treatment of the suit property as enemy/vested and non-resident property is in accordance with law. 4. The Learned Munsif decreed the suit upon the findings that the suit as framed is competen..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....her. 4. Mr. Md. Mainul Islam, the learned Advocate for the plaintiff/appellant, submits that there was no requirement for the plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents c......he plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents concerned are required, by law, to be attested by witnesses such as gift, will, etc. and that baina can be proved by the scribe..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....decree passed by the learned Subordinate Judge, decreeing the suit. 12. The learned Advocate for the petitioner has placed before us the material evidence on record, both oral and documentary, the provision of Article 16 of the terms and conditions of the service of the Teachers of the Degree Col......pposite party defendants contested the suit by filing joint written statements denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law. It has been further alleged that the plaintiff by misusing his position as the principal of the..Category: Employment/Service Law | Date: | Hits: 194
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