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Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....property." "107. A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument." "110. Where the time limited by a lease of immovable property is expressed as commencing from a particular day, in c......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
.... all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside decree passed ex parte or for a review of judgment shall at the time of presenting of the application, either deposit in the court the amount due from him under t......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....nd competent members of the Waqf family for appointment as a Mutwalli out of them. 6. It appears from the record that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate was enrolled for the first time with the Administrator of Waqf by order dated 29.11.1947 as EC No.11276; though there is no Waq...... petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted that the Estate is a public Waqf without any instrument to govern appointment/succession of Mutwalli, family members of the last Mutwalli having no special claim to t..Category: Trust/Waqf Law | Date: | Hits: 148
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... in Appeal No.47 of 2003 dismissing the appeal on ground of being barred by limitation against the order of the Tribunal dated 2.10.2002 declaring the condition imposed in the respondent’s offer of appointment dated 22.1.1984 issued by the Ministry of Establishment as illegal, void and without jur..Category: Procedural Law | Date: | Hits: 79
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....eir lawyer determining the relationship of landlord and tenant and demanding vacant possession of the suit premises on the expiry of the Month of September, 1982. The defendant received the notice in time but did not vacate the premises hence the suit. 5. The defendant opposite party contested t......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....s the parties had been possessing their respective shares amicably necessity of final decree did not arise and as such application for drawing up of final decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....ment was not wholly void, but void against the person in whose favour the attachment is made and it was subject to the decision of the suit in which the order of attachment was passed. 7. At the time of granting leave Mr. B.N. Chowdhury, the learned Counsel, appearing for the defendants-appella......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....espondent No.1 Sudhangshu Sekhar Halder was adopted as a son by Tarani Prashad Dey is concluded by finding of fact. It has been field that the adoption as claimed by respondent No.1 took place some time before the actual execution of the document of adoption. So far as the factum of adoption is co......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ed and fifteen and two paisa only) issued in favour of the Respondent No.1 as security for CRAD Audit Objections raised against the petitioner (Annexure-F1). 2. It is to be mentioned that at the time of issuance of the Rule operation of Annexure Nos. B1, C1, C2, C3, C4 and E1 in the Writ petiti......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....ourt but not in an appropriate manner and the said case reported in 12 MLR 401 the High Court Division observed: "The contention as to the jurisdiction of the Labour Court was raised for the first time at the time of argument before us. It is true that the question of law can be raised at any sta......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ting the judgments and orders passed by the Courts below, submits that both the Courts below assessing the evidence on record rightly found that the opposite party No. 1 (first party) at the relevant time was in possession of the case land. He further submits that at the relevant time Civil Court wa......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the alleged offence. So it was urged that the proceedings in so far as it ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... the appellate court below. 4. Being aggrieved by the judgment and order of the High Court Division defendant-petitioners have filed this present civil petition for leave to appeal. 5. At the time of hearing of this civil petition Dr. Rafiqur Rahman, the learned Senior Advocate for the pet...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....dra Kumar Chowdhury and others. That since the plaintiff had his own land in plot Nos.37, 39 and 41 to the contiguous north of this suit land of plot No.102 the plaintiff, since his predecessors’ time, had been possessing the suit land for more than 90 years. That though the plaintiff thus acqui......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
.... was further mentioned that clause-9(iii) of the appointment letter of the petitioner bearing No.PF.02.11/16/96 dated 31.03.1978 clearly stated that the service of the petitioner is terminable at any time by giving 90 days' notice or by payment of 90 days' salary without assigning any reason and t......to terminate any of its officials by 3(three) months' notice or upon payment of 3(three) months' salary without assigning any reason whatsoever. It was further mentioned that clause-9(iii) of the appointment letter of the petitioner bearing No.PF.02.11/16/96 dated 31.03.1978 clearly stated that ..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....tion to the post of General Manager in 2001. That in 2003 while about 3/4 posts of General Manager were lying vacant the petitioner's name was at serial No.3 in the panel for promotion, but at that time only one person was promoted to the post of General Manager. That in the next panel prepared fo......actice of seniority basis only. The learned Counsel has argued also that the impugned circular No.10 of 2005 is a statutory instrument incorporating a merit-cum-seniority based promotion criteria for appointment to the post of General Manager and this has been done for the betterment and effective f..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....357-1379 B.S., the plaintiff would get back the suit land. Meanwhile the said Haider Ali died leaving behind opposite party Nos. 1-5 as his legal heirs and successors. Before expiry of the stipulated time, the plaintiff offered them money on several occasions and asked to restore possession of the s......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
....ior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had appeared in the suit and took time for filling written statement. As they failed to submit any written statement and take any step...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....eal No. 217 of 1994 is hereby set aside. The Other Appeal No. 217 of 1994 is remanded to the Additional District Judge, First Court, Bogra for disposal in accordance with law within shortest possible time. In doing so, the appellate Court will independently assess the evidence and arrive at its own ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....ton and in this way the export is being made. Locally made duplex board is inferior and less durable than those imported from South Korea. The aforesaid Japanese importer asked the respondent, many a times, to use Korean duplex board in the inner and master carton to maintain the standard of quality...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
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