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Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ...... clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said Ordinance, this..Category: Tenancy Law | Date: | Hits: 148
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... for the judgeship of the Supreme Court cannot be appointed as it will not be a proper exercise of power to appoint under Articles 177 and 193 of the Constitution. 219. Consultative process is mandatory and without it no appointment/confirmation can be made. It must follow that in absence of......ew in their case and let them off with a caution that in future they should be careful in publishing any news item regarding the activities of the judiciary, particularly keeping in mind the legal provisions applicable thereto. 194. Now let us advert to the case of newspaper the 'Daily Janaka..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......mise made to the allottees at the time of allotment made to them in the sector including to petitioner of the respective Rule. On the other hand, learned Advocate for the respondents relying upon the provisions of section 40(b) and (h) of the Town Improvement Act, 1953 submitted that RAJUK can alter..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rused the revision application and also the affidavit-in-opposition and other papers annexed thereto. In order to evaluate the order on the basis of the rival submissions of the learned Advocates the provisions of section 8 of the Act demands close examination. The section reads, "8 (1). In any ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... 2. The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal, and in such, case the appellant shall be entitled to reply.” 7. On plain reading of provisions of rule 12, it becomes clear that the appellate Court is required to fix a day for hearin..Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......n section 2(ga) and restriction on the director of a defaulter company from transferring his shares and resigning from directorship without the permission of the creditor bank under section 27 Ka and provisions of section 27 (Ka) (Ka) regarding list of defaulting borrowers submitted that transfer of..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......ner is also registered as manufacturer under the relevant provision of the Value Added Tax (VAT) Act, 1991 and is doing business on regular payment of VAT as required under and in compliance with the provisions of VAT Act 1991 and the VAT Rules 1991, both of which were enacted in the year 1991. For ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......ed ex-parte on 26.05.1998 in preliminary form and was made final on 03.06.1999 and in order to satisfy the decree, the decree holder bank filed Execution Case No. 142 of 2000 and complying with the provisions of the Artha Rin Adalat Ain, 2003, and under direction of the Executing Court an auction-..Category: Civil Law | Date: | Hits: 79
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......in Adalt Ain, 2003. 6. The decree-holder bank filed an application dated 02.07.2008 praying for withdrawal of the original certified copy of the decree for filing second execution case under the provisions of Section 28(3) of the Artha Rin Adalat Ain, 2003 and the prayer was allowed vide order ..Category: Civil Law | Date: | Hits: 73
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....2 and 4 in respect of construction of permanent office of the said union parishad at Kamargaon village is illegal, void, malafide and without jurisdiction and in the above suit they also prayed for a mandatory injunction against the concerned defendants to establish permanent office of the said ......fficial papers were procured by the plaintiffs but the Order No.1 of the order sheet shows that permission was given to the plaintiffs to file the suit by the trial Court and after complying with the provisions of law and making public advertisement, the trial started and further the trial Court spe..Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......ts of the Mohammadpur area and residing at Geneva Camp; that they are above 18 years of age and not otherwise disqualified to be voters. In Support of his submission, Mr. M. I. Farooqui refers to the provisions of the Electoral Rolls Ordnance 1982, the Bangladesh Citizenship (Temporary provisions) O..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......investigation into the allegations contained in the FIR and to bring the offenders before the Court for trial. These duties are cast upon the police and other law enforcing agencies under the various provisions of the Code of Criminal Procedure, long before the enactment of the Constitution. The Con..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......so in a non-discriminatory manner as set froth in Article 2 of the treaty. 16. Many international legal instruments dealing with human rights include the protection of women from violence in their provisions. The Universal Declaration of Human Rights, in article 1 states that "all human beings ar..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284....... 10. Ms. Qamrunnessa learned Advocate appeared for plaintiff petitioner. None represented opposite parties though notices upon them were duly served. 11. In approaching the question posed relevant provisions of law contained in Order 9, rule 4, Order 9, rule 13, Order 43 rule 1(d) of the Code of ..Category: Procedural Law | Date: | Hits: 83
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......zammel Hossain, Mr. Md. Harun-or Rashid and Ms Mahfuza Begum, learned Advocates. 17. Questions posed now to be answered. 18. First Question In approaching and answering to the First Question provisions contained in sub-section 4 of section 29 of the Local Government (Union Parishad), Ordina..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......voluntarily made and it was taken in his presence and it was read over to the person making it and it was admitted by him to be correct. Hence it appears that the learned Magistrate complied with the provisions of section 164 of the Code of Criminal Procedure in recording the disputed confessional s..Category: Criminal Law | Date: | Hits: 38
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......nions so he is entitled to continue, as such for the whole area of the 7 Unions. 7. The said Rule was contested by the respondent No 4 denying the allegation and stating, inter alia that under the provisions of law the Government is entitled to extend, curtail or otherwise alter the limit of any ..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... suit. His further contention is that under section 16(1) (3) of the Ordinance and Rule 26 of the Co-operative Societies Rules, 1987 there is a provision for calling special general meeting but those provisions were not followed and, as such, the removal of the plaintiffs from the managing committee..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......isional application filed in this Court by the accused-petitioner is quite competent and maintainable. 7. For smooth understanding and disposal of the point involved as above we quote the relevant provisions of both the sections 439 and 439A of the Code of Criminal Procedure hereunder: “439...Category: Criminal Law | Date: | Hits: 40
....-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by which defendant Nos. 1 to 3 Waqf Authorities were directed to restore possession to the plaintiff an ad interim mandatory injunction.
2. The other Rule in Civil Revision No.125 of 2001 was on 23-01-2001 obtain......read out the provision of Order 39 rules 1 and 2 of the Code and submits that no such ad interim injunction in the mandatory form as passed by the Assistant Judge in the case can be granted under the provisions. It was only possible for the Court to pass such order under section 151 of the Code as w..
Category: Civil Law | Date: | Hits: 84
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