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Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....3 deals with the eviction of outgoing lessee while section 5 deals with eviction of unauthorised occupant. Section 11 raises a bar to the jurisdiction of Civil Court and section 13 is an indemnifying provision. Such wide powers have been conferred upon the Deputy Commissioner for recovery of posse......rred to defendant No.4 was intimated to him on 28.3.72 and the notice of termination of the tenancy is dated 15.9.72. Ultimately the Pourashava at the instance of the defendant had to requisition the law enforcing agencies and the plaintiff was evicted from his premises though according to him ''f..Category: Property Law | Date: | Hits: 99
....the State Acquisition and Tenancy Act) sufficiently showed that amalgamation and consolidation of holdings of H.E. Percival was made after, the service of notice on all the parties concerned as per provisions of the State Acquisition and Tenancy Act.
7. At the hearing of the appeal we had the a......tion of land was made without giving notice to the co sharers, and as such the purported amalgamation was null and void and such order need not be avoided by a separate proceeding, as in the eye of law it was no order. He also took the view that since the petitioner had been paying rent at old rat..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
.... Thus we are unable to agree with the contention of Mr. SM Shahjahan that the petitioner, as the member of the Parliament, not being a public servant, the Metropolitan Senior Special Judge, under the provisions of the Criminal Law Amendment Act, 1958, has no jurisdiction to take cognizance of the of......r such allegations are false or otherwise, which can only be done in the trial after taking evidence. He further submits that a member of the Parliament of our country is a public servant, as besides law making he is involved with the various development works of his constituency. He uses to receive..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....complaint and filed the case before the Labour Court under section 307 of the Labour Act this is absolutely a Civil Claim for money and there is no scope to grant such relief under the said provision of law, accordingly there is no ingredients of section 307 of the Labour Act. Accordingly ...... is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under section 307 of the Labour Act. Thus as per the above law the prime requirements first is that, there must be an order of the Labour Court and a person is..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....mation report's though earlier to the present. Two of which were filed soon after the occurrence and one was field after the some days, of occurrence, police acted illegally and in violation of the provision of the Code of Criminal Procedure in submitting the charge sheet in the instant case in vi......is Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case are very respectable citizens and eminent lawyers of Bangladesh and they are all members of Supreme Court Bar Association. The petitioner Nos...Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......93 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....at in view of petitioner’s independent appointment there is no scope for reverting or relieving back the petitioner in any other previous post as the order of promotion dated 13-7-93 with statutory provision for pay scale without making any link with earlier assignment and, as such, the impugned o......shi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Employment/Service Law | Date: | Hits: 184
....ab initio. In support of his contention he referred to the case of Government of Bangladesh Vs. Dr. Nurul Islam, reported in 33 DLR (AD) 201 wherein it has been held:
“Since neither the impugned provisions of the Act nor the rules provide any principle or guideline for the exercise of discretio......resaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first point regarding the..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....tainability of this petition first. Admittedly the petitioner is a member of disciplined force. Article 45 of the Constitution provides that nothing in Part III of the Constitution shall apply to any provision of disciplinary law relating to the members of disciplined force. According to Article 152......resentation for redress finally to the Hon’ble Defence Minister on 25-2-97 with copy to the Hon’ble President with no result. And he lastly, served Demand of Justice notice on 31-7-97 through his lawyer, Sharif and Nabi, calling upon the respondent No.1, the Government of the People’s Republic..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
.... the following two accuseds. 1. Md. Yunus Jamadder s/o late Hashem Jamadder. 2. Syed Maitiar Rahman s/o late Syed Salimuddin and to proceed against the remaining accuseds in accordance with the provision of law. 3. That the decision of the Government was conveyed in Memo No.898-183/79/LS da......g two accuseds. 1. Md. Yunus Jamadder s/o late Hashem Jamadder. 2. Syed Maitiar Rahman s/o late Syed Salimuddin and to proceed against the remaining accuseds in accordance with the provision of law. 3. That the decision of the Government was conveyed in Memo No.898-183/79/LS dated 22.11 80 ..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Jurisdiction of Special Judges and cognizance of case by them.—A..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....ng Civil Suit No.1 of 1972 after 23 years of the withdrawal of Civil Suit No.8 of 1945, the suspicious circumstances attending the execution and registration of the will and non-compliance with provisions of section 63(c) of the Succession Act and section 68 of the Evidence Act the learned Jud......ng First Appeal No.20 of 1975 (Probate), before the High Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed t..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....The effect was that the suit must be tried under the Small Causes Court procedure without any right of appeal although the transferred Court does not possess S.C.C. power inasmuch as by the deeming provision the transferred Court would be Small Causes Court for the purpose of the suit. No revision......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit."(Emphasis adde..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....etermined by the Court in the enquiry on evidence. The respondent Nos. 1‑5 filed written objection to the aforesaid application contending that since the Artha Rin Adalat is a civil Court under the provision of sub‑section (4) of section 5 of the Artha Rin Adalat Ain, 1990 and the Code of Civil ......n Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....0 dated 14.6.90 at Taka 3 crores 12 lacs for the Dhaka Division, Taka 2 crores 50 lacs for the Chittagong Division and Taka 1 crore 88 lacs for the Khulna and Rajshahi Divisions It is stated that the provisions of sub‑sections (4), (5) and (6) or section 3 of the Excise and Salt Act, 1944 were ame...... the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed of by this..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......xcept that a small metal disc, popularly known as show cap is fixed with a screw onto a depression in the middle of the bottom portion of the respondent's fan. 9. Let us now look into the relevant law: Section 2(5) of the Patents and Designs Act, 1911, is to the effect: "Design" means only ..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....he pertinent question that calls for determination by this Court is as to whether the impugned order of stay was really passed under section 151 of the Code of Civil Procedure or it is covered by the provisions of Order 41 rule 5 of the Code. Order 41 rule 5 sub‑rule (i) provides that an appeal sh......his revisional application and obtained the instant Rule. 3. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Cou..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....ring of the Rule at the very outset Mr. Rafique-ul-Huq, the learned Counsel appearing for the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application against any interloc...... At the time of hearing of the Rule at the very outset Mr. Rafique-ul-Huq, the learned Counsel appearing for the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application a..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
.... 5. Mr. Md. Fazlul Karim, the learned Advocate appearing for the defendant petitioners, submits that against the judgment and decree dated 18-9-85 passed in SCC Suit No.1 of 1983 there was specific provision for revision under section 25 of the Small Causes Courts Act and review application before......The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate appearing for the plaintiffs opposite parties,..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... hearing on that date 28.2.83, along with the Death Reference as specifically required under s.376 of the Criminal P.C. In his absence, the Assistant Attorney-General was duty bound to point out this provision of law to the Court on 28 February 1983. However, the Defence Lawyer, Mr. Sead Ahmed, po......hether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it ..Category: Criminal Law | Date: | Hits: 116
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