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Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......, 16 BLD (AD) 83. It was observed in that case: "The fact that petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are provisions in the said Act itself mitigating the rigour of the said provision. It is only when a pro..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
.... before the domestic enquiry committee. (iv) That the High Court Division was wrong to hold that the effect of Rules 44(5), 44(8) and 46 (2) of the WASA Employees Service Rules of 1990 were mandatory in nature. 7. We have heard the learned advocates for the appellant an......the impugned order of dismissal of the respondent from the service as illegal when there was no procedural error or defect in the domestic enquiry rather it was held in strict compliance writ the provisions of WASA Employees Service Rules, 1990. (ii) That the High Court Division co..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ule issued against it. The compromise was accepted by the Court and in terms of the compromise the appellate Court's judgment was reversed and that of the trial Court was restored. One of the main provisions of the compromise was that the plaintiffs would get renewal of their lease for three yea..Category: Property Law | Date: | Hits: 32
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......approver witness (P.W.20, Nur Alam) being an accused of 23 cases and having been given assurance that he would be acquitted in all the cases, his evidence should be left out of consideration; that provisions of section 338 of the Code of Criminal Procedure have not been legally complied with and..Category: Criminal Law | Date: | Hits: 45
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ints for consideration of which leave was granted. He has first taken us through the provisions of section 17(3)(d) of Employment of Labour (Standing Orders) Act, 1965 and has argued that the provisions of above Clause-(d) of Sub-section (3) of Section 17 shall apply only if an employee rem..Category: Employment/Service Law | Date: | Hits: 81
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......uake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer allege that by reason of the provisions of Exclusion as above any loss, destruction or damage is not covered by this policy, ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....tain observation and affirmed by this Division, which led Abul Hashem Khan to institute Title Suit No. 120 of 1982 before the 1st Court of Munsif, Dhaka against the Government and Bazlur Rahman for mandatory injunction seeking direction to make delivery of possession of the suit plot which was a...... Khan reads as follows: "In the event of the tenant committing breach of any of covenant of this indenture other than payment of rent, taxes, etc. and there being no specific provisions in respect of it in this covenant the lessor shall be at liberty without prejudice to a..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......r that the High Court Division failed to appreciate that M/S. Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 1913 and as such it can not be said to be 'body corporate' within..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ent and order is contrary to the settled principle of law that decree in a suit for specific performance of contract to sell land is not a bar in listing a property as an abandoned property under the provisions of section 5 of the Ordinance No. 54 of 1985. The learned Additional Attorney..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......of the Privy Council in the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249 corresponding to ILR 48 Cal. 832 observed as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essen..Category: Property Law | Date: | Hits: 56
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......xure-L and further their being no explanation as to why the original deed of conveyance could not be filed, such certified copy is not admissible in evidence for non compliance of the relevant provisions of the Evidence Act in this regard and further Annexure-L is merely a deed of agreement..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......etter of Credit came up for consideration in the case of Bangladesh and others Vs. Mizanur Rahman reported in 52 DLR (AD) 149 (the same case has also been reported in 5 BLC (AD) 134). In this case provisions of sections 18, 19, 25, 30 and 79 of the Customs Act came up for consideration. This Div..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ...... on record. 8. The learned Counsel for the petitioners submits that the High Court Division did not apply its mind to the facts of the case and as such misconceived the law in regard to the provisions of appeal to the Chancellor and wrongly made the Rule absolute. He further submits that..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......vakalatnama of the respondent bank and hence the execution case having been filed long after two and half years is hopelessly barred by limitation and as such are liable to be rejected as per provisions of Section 28 of the Artha Rin Adalat Ain, 2003. 9. As no property of the now dec..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....ker of the circular under the delegated authority of the Government violated itself by non-observing the directory instructions which were binding upon all the parties. Five major vital points are mandatory to select a site as stated in clause 2 of the circular. The impugned site is situated at ......violating the Notification passed by the respondent No. 1, should be declared to have been passed by no lawful authority and the entry of the Union Parishad as local bodies would be violated as per provisions of the constitution that the Dohakul Union Parishad selected the Baharampur Brahmpu..Category: Others | Date: | Hits: 87
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....s; hence the plaintiffs filed the suit for a decree that to keep the suit land under acquisition by L.A. Case No. 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit property in favour of the plaintiffs by receiving back the ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......e learned counsel appearing for the respondent on the other hand submits that in his application filed before the Administrative Tribunal the respondent took specific ground to the effect that the provisions of Rule 7 of Government Servant Discipline and Appeal Rules 1985, (Rules) were not follo..Category: Administrative Law | Date: | Hits: 94
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....nce on record regarding abetment of commission of forgery by them. He further submitted that the petitioners were not examined under Section 342 of the Code of Criminal Procedure which is the mandatory requirement of law and as a result the trial has been vitiated. He further submitted that......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......n respect of which a succession certificate can be granted. 19. The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act especially Sections 370 to 381 there did not seem to m..Category: Property Law | Date: | Hits: 39
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ...... for the appellants argued that the deed of agreement dated 28.04.1971 between Md. Younus Ali, Sajeda Khatun and Zaitun Nessa and Md. Younus Chandana was an unregistered one and as such as per provisions of section 107 of the Transfer of Property Act the same was valid for one year only and..Category: Property Law | Date: | Hits: 23
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