Search Options
Judgment Advanced Search
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......mits of no other defence than the consideration whether the document was executed by the person by whom it is alleged to be executed. 6. Section 77 is to be understood in the light of other provisions of this Act. Part XII deals with cases on refusal of registration. Section 72 provides f..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......w: "29. (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed thereof by the first schedule, the provisions of section 3 shall apply, as if such period were prescribed therefore in that schedule,..Category: Procedural Law | Date: | Hits: 112
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....t rejected the deposit holding that the deposit could have been made at the time of presentation of the application for setting aside the ex-parte decree under section 17(1) the provision of which is mandatory. This view of the learned Small Causes Court Judge has been maintained by the High Court D......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... suo motu Mr. K. A. Bakr, Counsel for the Water and Power Development Board, submitted that the Appellate Division can invoke the power to review its judgment suo motu. This power is derived from the provisions of the Constitution. In support of these provisions, he referred to the provisions in t..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond…………..(7) Cas..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......court of Subordinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for foreclosure of mortgage on the total claim of Tk.6,40,000/-. Under the provisions of the Banking Companies Ordinance, 1962 the suit was transferred to the Dhaka High..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......M/s. Shams Corporation...102, Bashiruddin Road, Kalabaghan, Dhaka...in respect of the above vehicle for the carriage of petroleum in bulk by land under Rule of Petroleum Rules, 1937 subject to the provisions of the Petroleum Act, 1934 and the Rules made there under. The licence shall ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... temporary injunction. The law enforcing agency inspite of order of injunction dispossessed him from a portion of the plot, but later on possession was restored to him on July 3, 1979 as per order of mandatory injunction. He tendered balance of the consideration money to the attorney of Wali Mohamma...... on the basis of the said agreement, but until and unless the Government chooses to take appropriate action under clause (1) of the Article the agreement is valid and binding upon the Government. The provisions of President's order No. 16 of 1972 do not confer any power upon the Government, apart fr..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......ia, that the writ petitioner is a citizen of Bangladesh and an Advocate of the Supreme Court of Bangladesh, that the respondent Nos. 3-5 deliberately and continuously in violation of the provisions in different Articles of the Constitution and ignoring constitutional duty who were vote..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......lia, that ''no officer of the Corporation has any authority to convert profit from mercantile system to cash system or even to maintain books encase system in view of the above mentioned legal provisions", namely provisions of section 32 of the House Building Finance Corporation, 1952. ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....y, the transfer under Ext. (A) was also hit by section 9(1) of the East Bengal State Acquisition and Tenancy Act, (briefly, the State Acquisition Act) in that the transfer was made in violation of mandatory provision for obtaining prior permission from the prescribed authority. On these allegati......g on behalf of the appellant and the respondent is whether the transfer under Ext. A, the kabala executed in favour of the defendant-respondent, was a valid transfer under the amended provisions of section 9(1) of the State Acquisition and Tenancy Act being prior to the aucti..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......payment of ad valorem court fee. Further the relief now claimed by the plaintiff respondents was not previously sought for by them. In this connection the learned Counsel also referred to the provisions of Order 6 Rule 17 of the Code of Civil Procedure. These provisions are as follows: ..Category: Property Law | Date: | Hits: 38
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......9;র-৫/১২/২৭৬ dated 05.09.1991 as from that date he was absorbed in the service of the RRJ. Therefore, the service of the petitioner is governed by the provisions of the Probidhanmala, 1998. The RRI was declared a statutory body by promulgating the Ri..Category: Employment/Service Law | Date: | Hits: 92
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......an Kartripakkha passed a revised plan under Memo No. RAJUK/NAA3-C/1678/96/2275 dated 23.09.1998 approving the market as a 4(four) storied one. 4. In the revised plan there were also no provisions for car parking space. Even then the market authority maintained car parking space ..Category: Property Law | Date: | Hits: 38
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... consider that the defendant's document was executed earlier than that of the plaintiff and that it was registered at the instance of heirs and legal representatives of the executants under the provisions of the Registration Act and certificate of death of the executants has no bearing in th..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......trarily in setting aside the impugned order of the trial court without giving any opportunity to the plaintiffs to defend the impugned order, Mr. Wahab Miah further submits that in view of the provisions of Order V Rule 3, C.P.C the trial court upon assigning proper reasons had passed the i..Category: Procedural Law | Date: | Hits: 96
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......ranted and Orders issued under any of the provisions of the said Ordinance, or Statutes, University ordinances and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Order or Statutes, University Ordinances and Regulations made hereunder, shall ..Category: Employment/Service Law | Date: | Hits: 69
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....e plaintiff on the decretal amount on valid ground. 3. Leave was granted to consider "the submission of the appellant that award of interest on the decretal amount pendent lite is mandatory available to the plaintiff under Order 34, Rules 2, 4 and 11 of the Code of Civil Procedu......s a specific provision in respect of suits relating to mortgages of immovable property and therefore the particular will exclude the general. In relation to mortgages Order 34 CPC will exclude the provisions of section 34 C.P.C. 14. After a new Rule 11 was inserted by Act..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... 107 of the Transfer of Property Act and by Section 23 of the Non-Agricultural Tenancy Act does not hold good. 7. The High Court Division held that the Courts below upon a misinterpretation of the provisions of the Non-Agricultural Tenancy Act wrongly held that the suit land was not a non-agricul..Category: Tenancy Law | Date: | Hits: 163