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....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......equired to take recourse to the remedy provided in the Order itself. A mere representation by the owner of such property should suffice to get the property released.
16. Mr. Pal submitted that in view of the provisions of Article 15(1) of the Abandoned Property Order the owner of any property wh..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....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. ......he Judicial Committee held that the notice was a proper notice under section 106 of the Transfer of Property Act and it expired on the midnight of 1st March and not on the 29th of February. 13. In view of the absence of any objecÂtion as to the precise fulfillment of the period of notice on the ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....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. ...... in a Court of Small Causes in all suits cogniÂzable 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 applicaÂtion, either deposit in the court t..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......he petitioners submitted that having regard to the fact that there is no deed of Waqf or other instrument relating to the instant Waqf spelling out mode of succession to the office of Mutwalli and in view of definition of Mutwalli provided in section 2(6) of the Waqf Ordinance, 1962 and the provisio..Category: Trust/Waqf Law | Date: | Hits: 148
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......lity with the Khanepur Mouza included with the Palash Pourashava. The authority having considered the objection have included the Mouza along with others in the impugned declaration and we are of the view that the same is substantial compliance of the provision of rule 3 of the Rules 1973.
6. Th..
Category: Election Law | Date: | Hits: 190
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......nk to pay off defendant No.6 Hanvit Bank under the concerned Letter of Credit without any further delay and accordingly allowed the appeal setting aside the order of ad-interim injunction. In that view of the finding of the Courts below we do not find any substance in the submission of the learne..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....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. ...... them to go to civil Court which they did not do. 9. Mr. Wahab further submits that having got the deed of exchange validated the plaintiffs mutated their names and paid rent (Ext. 3) and in that view of the matter the defendant who is a tenant under the plaintiffs is estopped from challenging t..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......ee and sale, the Munsif was directed to dispose of the rent suit treating it as Money suit. Leave was granted to consider the validity of the decision of the learned Single Judge. 2. The principal view taken by the learned Single Judge is that after the acquisition of rent receiving interest on a..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the obÂservations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......cribed in the decree, it will again lead to inevitable disputes involvÂing further litigations. 5. From the judgment of the learned SubÂordinate Judge, it appears that completely on an erronious view that the preliminary decree once passed cannot be amended, he rejected the prayer for amendment..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......arned Single Judge is in substance an order for mainÂtenance of the status quo. But a reading of the order indicates otherwise and so the conÂtention of Mr. Ahmad Sobhan must prevail. 3. In this view of the matter, the appeal is allowed without any order as to costs. The order of the High Court..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....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.......lants submitted that the learned Single Judge refused to consider the oral eviÂdence on record in this regard. To quote him, "The learned Advocate has referred to the oral evidence on record. But in view of my finding I do not consider it necessary to enter into the said oral evidence on record." ..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....in declaring the adoption of respondent No.1 (a married Sudra) valid; secondly, contended that the learned Judges misconstrued Article 35 of the Articles of Association of the Company which led to an erroneous finding that "adopted son" is inÂcluded in the expression occuring in the ArtiÂcle; and ......nce of any authority to support the conÂtention of the appellant, we do not find any substance in the same. In our opinion the question has been rightly decided by the High Court Division keeping in view the language of Article 35 of the Articles of Association which reads as under: “Any share..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of ReveÂnue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at libÂerty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......d be settled. Since the petitioner company as we found from the supÂplementary affidavit is willing to pay and settle with the respondents all its dues which we have already discussed, we are of the view that ends of justice would be met if the respondents are directed to register the new name of t..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....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. ......well as the pleading of the parties in a well-reasoned decision allowed the complaint case. He submits that admittedly the petitioner is running different business, which clearly conies within the purview of definition of establishment/industry as incorporated in section 2 of the Industrial Relation..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......y document at the trial to show that the land included in the kabala belonged to Arun Chandra Shil nor any evidence is available on record to show that the said land belonged to Arun Chandra Shil; in view of the above the kabala dated 23-6-85, if any, being registered offending the provision of sect..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....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. ......e him, he is satisfied that one of parties was in possession the same cannot be interfered with by the superior Court unless it is perverse and there is miscarriage of justice. In support of our this view, we may refer a case reported in 20 DLR 367 where a Division Bench of this Court held that sati..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are disÂmissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......e claim of rebate was rejected by the Income Tax Officer as well as by the Appellate Assistant Commissioner, but on second appeal the Income Tax AppelÂlate Tribunal allowed the rebate claimed on the view that if the assessee who was a resident of United Kingdom was not given allowance of 15% from t..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....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....... time of the commission of the alleged offence. So it was urged that the proceedings in so far as it relates to application of section 16(3) of the Act thereto, ought to have been quashed and in that view of the matter the learned Judges of the High Court Division erred in law rejecting appelÂlantâ..Category: Criminal Law | Date: | Hits: 76
.... file conÂcise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......aised in earlier Civil Petitions for Leave to Appeal Nos.1508-13 of 2010.
10. Leave is, therefore, granted on ground Nos.4, 6 and the additional grounds which are quoted below:-
I. "For that in view of the provisions of Rule 6(5) of the 2000 Rules which provides that the teachers/staff shall b..
Category: Employment/Service Law | Date: | Hits: 133
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... behalf of the petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from service is mandatory in view of the provisions of Regulation 53(2) of the said Regulations, 1989, and that the mandatory pro..
Category: Employment/Service Law | Date: | Hits: 180
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