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Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....y rejected on 3.6.2007. Thereafter the petitioner filed an application under section 20 of the Financial Institutions Act, 1993 on 15.8.2007 stating, inter alia, that he deposited saving certificates total amounting to Taka 20,00,000/- (twenty lac) only and prayed for appointment of an audit commiss...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......2007. The learned Judge of the executing Court by order dated 29.1.2008 rejected the said application. Being aggrieved by the said order, the petitioner moved in this Court under its special original jurisdiction, obtained the Rule and an order of stay, which was extended from time to time. Lastly t..Category: Civil Law | Date: | Hits: 129
....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.
...... Government to do so. For the release of this firm, the respondents No.1 to 3 could only avail of the remedy as provided in the aforesaid Order. The learned Counsel next contended that apart from the absence of any provisions enabling the release of property, there was further difficulty in the way .......
11. Mr. S.R. /Pal, Counsel for the appelÂlant, submitted that once the property in question vested in the Government according to the provisions of the Abandoned Property Order, 1972, it had no jurisdiction to release the same, there being no provisions enabling the Government to do so. For t..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....case of Jagadish Narian Vs. Nawab Said Ahmed Khan, (1945) 50 CWN PC 477. The principle, though elemenÂtary, is no doubt important but when the very foundation of the plaintiff-respondent's claim has totally been denied by the defendant-appellant who dismissed the kabuliyat as a fraudulent transacti......of Property Act and section 9(1) (c) (iii) of the Non-AgricultuÂral Tenancy Act. 5. For ready reference the relevant proÂvisions of the Transfer of Property Act are quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agriÂ......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)
....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. ......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. ......ication in the eye of law there could be no order granting fresh trial and any other passed for such a fresh trial without an application validly made an order passed would be an order passed without jurisdiction and thus nullity." 8. Further, it was observed by the learned Judge that an order pa..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 subject-matter of the said Waqf estate centering round the Mazar of Hazrat Malek Shah and its adjuncts was enrolled as a Waqf Estate being E.C. No.11278 and that appointment of Mutwalliship in the absence of any deed has been continued through linenal decendants. 8. The Administrator of Waqf h......neficiaries to the appointment of a competent linenal descendent as a Mutwalli of the Waqf Estate, the 6 Member Committee constituted by the Administrator of the Waqf is illegal, malafide and without jurisdiction in presence of full, capable and competent members of the Waqf family for appointment a..Category: Trust/Waqf Law | Date: | Hits: 148
.... Khanepur Mouza therein vide SRO No.245-Ayin/96 as contained in Notification dated 2.11.1998. That it is stated that Khanepur Mouza covers a vest area of said Union containing 9155 population out of total 27.613 population of the Union and most of them are cultivators and on the other hand 90% of r......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: ......tion or suggestions from the local inhabitants in respect of the area of Khanepur Mouza, the inclusion of said Khanepur Mouza by SRO No.210 dated 27.9.1998 as an urban area is illegal, void, without jurisdiction but the High Court Division failed to consider the same in its true perspective as such..
Category: Election Law | Date: | Hits: 190
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: ......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: ......e 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 jurisdiction and directing the petitioner to determine the inter se seniority of the respondents wit..Category: Procedural Law | Date: | Hits: 79
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. ......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. ......ent denying all the material allegations and assertions made in the plaint stating inter alia that the plaintiffs had no cause of action: that the suit was not maintainable; that the SCC Judge had no jurisdiction to entertain the suit: that there was no relationship of landlord and tenant between th..Category: Procedural Law | Date: | Hits: 74
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. ...... 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. ......porary injunction. It has rightly been pointed out by Mr. Ahmad Sobhan that without this findÂing of fact being reversed, which being a quesÂtion of fact could not be disturbed under the revisional jurisdiction, the order for temporary injunction could not be legally passed by the learned Single J..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.......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....... the lower appellate Court as the evidence has been fully led before the trial Court and issues framed. It is necessary, however, to point out that the learned Judge acted in wrongful exercise of his jurisdiction in decidÂing the question of fact relating to Ext. A, for the first time in second App..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....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.......t could not satisfy us by placing any authority in support of the proÂposition that under the Hindu Dyabhaga Law adoption of a "Sudra" or for that matter "a married Sudra" is not permissible. In the absence of any authority to support the conÂtention of the appellant, we do not find any substance ......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 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. ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....of the Industrial Relation Ordinance, 1969 is not available. Such employee therefore cannot seek any of the privileges conferred on the workers under specific law namely, Standing Orders Act. The sum total of the disÂcussion is that the employees respondent cannot be termed as a worker under the St......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. ...... case of the responÂdent No.2 is that admittedly, the petitioner is an industry/establishment as per the definition of the Industrial Relation Ordinance, 1969 and, as such, the Labour Court has the jurisdiction to try and dispose of any petition filed by the respondent No.2 as per worker. It has f..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. ......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 Arun Chandra Shil in his favour, the subsequent claim of the plaintiff on the basis of Kabala dated 23-6-1986 has no basis at all because admittedly the suit land is situated within the territorial jurisdiction of Derai Sub-registry Office but the plaintiff's kabala dated 23-6-86 allegedly execute..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. ......litan Sessions Judge, Court No. 5, Chittagong for hearing and disposal. 8. The said Revision was heard and disposed of by the Additional Metropolitan Sessions Judge, Court No. 5, Chittagong in the absence of the second party petitioner as none appeared on his behalf and by the judgment and order ......the same in this proceeding under section 561A of the Code by this Court. We have perused the evidence adduced by the parties from the lower Court record though this Court in exercise of its inherent jurisdiction under section 561A of the Code cannot sift the evidence. From the evidence and material..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)
....n laid down in respect of the preferential relief which may be granted to a Company which makes the prescribed arrangements. The Finance Act which laid down the rate of super tax to be imposed on the total income of an assessee, provided for rebate on several counts in respect of the ComÂpanies whi......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.......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...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....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 appelÂlant’s application for quashment upon total misconception of law as well as facts. Mr. Ahmed Sobhan also sought to argue that the Act woul......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.......d offences were committed after the Act had come into force. In the present case the offences having been allegedly committed before the date on which the Act came into force, the police acted beyond jurisdiction in submitting the charge-sheet under section 16(3) of the Act and thereby creating juri..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be depositÂed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be depositÂed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......s and circumstances and this failure on the part of the High Court Division has caused miscarriage of jusÂtice. The learned advocate has argued further that the High Court Division in its revisional jurisdiction was wrong in setÂting aside the judgment and decision of the last court of fact withou..Category: Property Law | Date: | Hits: 93
.... 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....... 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....... 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...
Category: Employment/Service Law | Date: | Hits: 133
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....n difÂferent sets contested in that partition suit. By the judgment and decree as aforementioned the trial court decreed that suit in preliminary form allotting a saham for 2.37 acres of land out of total 18.86 acres of divisible land to the plaintiffs. Being aggrieved by that judgment of the trial...... 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....... 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
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