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GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....e appearing on behalf of the defendant appellant (tenÂant) at the very outset admitted that the question for determination in this appeal is whether the appellant is a defaulter as defined under the provision of the Premises Rent Control Act and/or he is entitled to get protection under the said Ac......997 by the tenant, House Rent Case No.12 of 1997 was filed before the House Rent Controller for depositing the rent and since then the tenant had been depositing the rent regularly in accordance with law. The House Rent Controller by his order dated 17-1-2000 allowed the case of the defendant tenant..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......er affidavit reiterating the facts stated in the petition of complaint with further averments that the instant case is not maintainable and the grounds taken in the application are not sustainable in law. 7. By the impugned judgment and order, the High Court Division discharged the Rule and v..Category: Criminal Law | Date: | Hits: 90
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....writ petitioners filed the Writ Petition No.6501 of 2008 challenging the direction upon the respondents to consider the promotion of the writ petitioners to the post of Guard Grade II pursuant to the provisions of the Memo No.E-3/PM-8/89-107 dated 29.06.1998 issued by the writ respondent No.2; Bangl......ters on the ground that they are barred to be promoted in the Guard Grade II posts. The writ petitioners claimed that the impugned order was ex-facie illegal, malafide, discriminatory and without any lawful authority. Many persons who were similarly situated with the writ petitioners had been earlie..Category: Employment/Service Law | Date: | Hits: 222
....e got no manner of application in the instant case. The petitioners have totally failed to prove the fact that they are heirs of the original owner. Section 42 of the Specific Relief Act provides the provisions for passing declaratory decree which runs thus:—
"42. Discretion of Court as to Decl......he purpose of promulgaÂtion of the Act was for acquisition of property by the Housing Authority and to lease out the property to the distressed people for their rehabilitation. Referring to the case law of Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, reporte..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....€œIn this connection, we like to mention that Negotiable Instruments Act is a special law. It will prevail over general law like CrPC. Filing of case in respect of dishonoured cheque is guided by the provision of sections 138 and 141 of the Negotiable Instruments Act. Nowhere in these sections or ot......ed in 14 BLC 66 wherein their Lordships have held as under: "Moreover, it appears that against 4 disÂhonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whethe..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....nÂment, infact the Court did neither assign any reason whatsoever, nor he expressed what satisfaction he had in passing the order of civil imprisonment. The learned Assistant Judge simply quoted the provision of section 58 and orders 21 rule 32 of the Code of Civil Procedure and passed the order. T......id down under Order XXI, rule 32(5) of the Code of Civil Procedure and the learned Additional District Judge without conÂsidering the said aspect upheld the said order and as such committed error of law in arriving its decision. He further submits that by filing application the judgment-debtors int..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....e judgment of reversal on the basis of finding of facts cannot but be erroneous. 13. In this connection it may be pointed out that Order XLI, rule 31 of the Code of Civil Procedure is a mandatory provision of law to be folÂlowed by the appellate Court, in this regard, which mandates that in the......r advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has resulted in an error in the decision occasion..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....will be discretion of the Court to relegate the parties to a regular title suit." 10. In accordance with the above it needs to be said that it has been settled by now in several decisions that the provisions of section 26F of the Bengal Tenancy Act are similar to that of section 96 of the State A......n the said case pre-emptees resisted the pre‑emption on the ground that the kabala by which the pre-emptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a subÂ-registry office which had ..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....d to order/judgment either allowing or dismissing pre‑emption case. Right of appeal is not a procedural Right but a substantive Right conferred by a Statute. Order XLIII rule 1 of The Code contains provisions for appeal against an order passed in a suit. Order XLIII rule 1(c) does not provide for ......ding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......bitrarily and malafide and that can be scrutinised by this court in its power under Article 102 of the Constitution.
17. Article 27 of the Bangladesh Constitution postulates equality before the law providing that all citizens are equal before law and are entitled to equal protection of law. W..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....the present application is not maintainable. He has also referred to the decision reported in 36 DLR 316. 18. Dr. Rafiqur Rahman has referred to section 83 of the Companies Act. Relying on this provisions of section 83 he submits that since all the proceedings of the general meetings was produ......ondent Nos.2 and 3 are the present directors of the Company. 3. Respondent No.2 is the husband of petitioner No.1 and father of the rest petitioners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....re with or encourage or incite interference with the administration of law or the maintenance of law and order." 19. In order to bring the detention of a person within the mischief of the above provision the detaining authority must be satisfied from the materials before it that the detenu int......hall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into c..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....n in the post of Assistant Collector (presently Assistant Commissioner) in the BCS (Customs and Excise) Cadre in with section 5 of the Surplus Public Servants Absorption Ordinance, 1985. There are no provisions at all for withdrawal of such nomination. Hence, the stand of respondent No.2 is malafide......Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the writ petitions ar..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....an Dass Nayar and others, 22 I.T.R. 418 the Punjab High Court held that the Income Tax Act, 1922 has entrusÂted to the Income-tax Officer the decision of, the facts and the law to decide whether the provisions of section 34 are applicable in a particular case. The exigencies of the State require th......58 of the said Ordinance. Within 60 days from the date of receipt of the order of the Appellate Tribunal the assessee or the Commissioner of Taxes may refer to the High Court Division any question of law arising out of such order. Mr. Delwar Hossin submits that under section 153(3) of the said Ordin..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....earned Subordinate Judge has therefore erred in rejecting the petitioners' application under section 151 C.P.C. agaÂinst the order dated 20.09.1978 accepting Commissioner’s report. 7. Under the provisions of section 104 of the Code of Civil Procedure the appealable orders are specified in Orde......the present Rule. 6. Mr. A. K. Chowdhury, the learned Advocate for the petitioners, submits that the order accepting Commissioners report is not appealable under Order 43, C.P.C or under any other law and the learned Subordinate Judge has therefore erred in rejecting the petitioners' application ..Category: Procedural Law | Date: | Hits: 106
....zizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252, wherein it has been observed as follows: -
"Rule 1 of Order 40 does not contain any provision as regards issue of notice to a party. It is obvious that in many cases the object of the ...... the order of appointment of the receiver was made arbitrarily without affording any opportunity of hearing to the original plaintiff and as such the orders of the Courts below are not sustainable in law.
5. Mr. Humayun Habibur Rasul, the learned Advocate appearing for the added defendant opposit..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....n Agreement dated 4-8-99. 4. Under such circumstances the learned District Judge, by his order No.37 dated 28-3-2006, upon discussing the entire facts and circumstances and considering the various provisions of law, including section 43(1)(ক)(উ) of the Act, rejected the prayer of the seller a......oint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser responÂdent would have no alternative but to take shelter of the Court under the existing law. The seller appelÂlants received the said notice on 6-8-2002 but did not comply with the same. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....anslation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that in the event of conflict between the Bengali an......sh. Article 108 of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The H..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... grounds but he contends that other grounds are good and valid and in that view of the matter the order of detention cannot be held as illegal and improper and has been made withÂin the scope of the provision of the Special Powers Act. 7. in course of argument a preliminary point was raised b......cretary, Ministry of Home Affairs, Government of BanglaÂdesh on 25.3.92 purported to have been made under the Special Powers Act. 2. In the application, it has been stated that the detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one o..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....lled for hearing, the Court may make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. True, the plaintiff did not make such application. But there is no provision that unless a suit has been decided on merit, a fresh suit cannot be brought if the same c......210 of 1981 for default will not create any bar to file this present Suit No.188 of 1982. The Munsif also found that in the present suit there is a new cam of action and the suit is not barred by any law. Rule 11 of Order 7 provides as follows: "11. The plaint shall be rejected in the followin..Category: Civil Law | Date: | Hits: 166
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