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Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ny other defaulter or a judgment-debtor to settle up the dispute at any stage of the proceedings. The judgment-debtor did not avail any of the privileges provided in the Ain, 2003. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions......vil Appeal No.177 of 2009. (From the judgment and order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgment Surendra Kumer Sinha J. - This appeal by leave at the instance of auction purchaser, a third party, in directed against the judgment and or..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ion Officer in 1973. The petitioner was again promoted to the post of Deputy Manager on 23.12.80. The petitioner had unblemished and clear service record. On 8.10.87 she availed forty days recreation leave and went outside Bangladesh. On her way back to join her duties on 21.1.88, unfortunately she ..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ds. We now propose to discuss and consider those grounds. 5. First ground, in the language of the Court of Settlement “It cannot be believed at all that the petitioner No.1 Mrs. Bakth Bibi would leave for Afghanistan via India during the liberation war in 1971 leaving her sons, when according t..Category: Property Law | Date: | Hits: 73
....as issued in favour of respondent is bad in law. The petitioner's Company has all the experience in bamboo extraction and has all the requisites as per tender notice to do the job which requires some special skill and the earnest money deposited by him was accepted by the Mill authority and that bei......hamshire Country Council Vs. Secretary of State, 1986 (1), All England Reports 199 is to the effect:
“Unreasonableness must prima facie show that the official behaved absurdly or must have taken leave of his senses.”
Their Lordships of the Kerala High Court then proceeded to observe finall..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ...... years commencing from 1.1.1961 with the building standing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Ban..Category: Property Law | Date: | Hits: 73
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......mpugned judgment and order should therefore be set aside. 7. Now, on the day fixed for delivery of judgment of this appeal Mr. Serajul Huq, the learned Senior Advocate for the appellants, with the leave of the Court made further submission on some points, though there appears to have been repetit..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... in cash. 4. The executing Court heard the application and rejected the same by the impugned order dated 5.4.2010 in a short slip manner only on the ground that the Artha Rin Adalat Ain, 2003 is a special law and there is no scope to give permission for selling the property under the provision of......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......al evidence on which to have a conviction, where evidence is necessary to find a link between the accused and the murder….” 13. In the case of 42 DLR (AD) 50 the Appellate Division dismissed a leave petition filed by the State challenging a judgment of acquittal passed by the High Court Divis..Category: Criminal Law | Date: | Hits: 111
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... the mandatory provision of section 32, which lays down the grounds and the procedure for removal of a mutwalli. The mutwalli has a right to be heard and to reply to the allegations made against him, specially when this right has been given in the proviso of the section. It has always been considere...... provisions of section 34 have not been complied with while issuing the impugned order. It appears to us that the impugned order is not allowed by the provisions of both sections 34 and 37. 23. It leaves us with the last question on whether the rule is maintainable as there are provisions for app..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
.... view of the Indian High Courts is that to do what a person is prohibited from doing is just as much disobedience as if he fails to do what is directed to do. 17. Third reason is that rule 32 is a special penalty and is not a specific method of execution of a decree in terms of the decree. 18.......arty against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the Court, by the detention in the civil prison of the directors or other principal officer..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......evious suit. If the plaintiff opposite parties had filed Title Suit No. 108 of 1986 after the learned Munsif, 6th Court, Dhaka gave them a simple permission to withdraw the suit without any leave to sue afresh or after 22nd September, 1986, when the learned Judge of the High Court Div..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ...... such recommendations of the Commission as may be accepted by it, by notification in the official Gazette, determine the wage, bonus, medical allowance, house rent allowance, conveyance allowance and leave which shall be payable or admissible to any worker employed in any State‑owned manufacturing..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... substantial reasons. To make department of the Government exception to this Rule would be putting a premium on negligence and want of proper diligence in public offices. The State in not entitled to special consideration in the matter of condoning of delay. An extension of time under section 5 of L......d another Vs. Settlement of Rehabilitation Commissioner, reported in Supreme Court Monthly Review, 1974 page 483. In that case want of the diligence was noticed by their Lordships as the petition for leave to appeal was not filed till after expiry of 11 days of receipt of copy and delay of each day ..Category: Procedural Law | Date: | Hits: 87
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......t in the exercise of their judicial functions. He has then emphasised that Article 116 of the Constitution which lays down that the control which includes the power of posting, promotion and grant of leave and discipline of persons employed in the judicial service and Magistrates exercising judicial..Category: Employment/Service Law | Date: | Hits: 173
....2.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusin......rom the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the pr..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....ing further the relevant clause providing for arbitration may be quoted. This is clause 21 which reads as follows: “In the event of any questions or disputes arising under these condition or any special condition of contract or in connection with the contract (except as to any matters the decis......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
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