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....he petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from service is mandatory in view of the provisions of Regulation 53(2) of the said Regulations, 1989, and that the mandatory provisions were......2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ pe..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ent No.2 Bangladesh Bank contested the rule by filing affidavit-in-opposition. The material case of this respondent was that the impugned circular No.10 of 2005 has been formulated in accordance with law for the betterment and effective functioning of the bank and with a view to modernize the instit..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....aider Ali purchased the suit land for a consideration of Taka 1450/=. The said Haider Ali never executed and registered the deed of reconveyance as alleged in the plaint. They also took plea that the provision of section 95 A of the State Acquisition and Tenancy Act would not apply in the present ca......t order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with neces..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
...... were necessary parties in the present suit for partition and flatly rejected their application only on the ground that the suit was fixed for delivery of judgment.
6. It is a settled principle of law that a party may be added at any stage of a suit or proceedings even at appellate or revisional ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......eason to be aggrieved by the same. The learned District Judge considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ers submits that the appellate Court being the last Court of fact did not independently asses the evidence and arrive at its own findings in passing the impugned judgment, and thus committed error of law. He further submits that the appellate Court without reversing the findings of trial Court reman..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....rit petitioner allowing him to import duplex board. 8. Mr. Nitai Roy Chowdhury, the learned Advocate appearing for the respondent has, however, submitted that the appellant having not followed the provision of law in the matter of consideration of an application to import the duplex board affecti......ment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....persion or puts any blame or contains any statement that may adversely affect the employee’s career, the employer is obliged to give an opportunity to the employee to place his case. In this regard provision for giving reasonable opportunity is beneficial both to employee as well as to employer an...... such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in respect of the terms and conditions of service the High Court Division erred in law in not holding that the writ petition was not maintainable. 5. Mr. A.J. Mohammad Ali, the le..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......cutable.
vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
T..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......her. Therefore, it cannot be said that the substituted defendants by way of additional written statement have introduced a new fact and controversy between the parties. This is a settled principle of law that pleading can be amended at any stage of suit/proceeding, if it is necessary for better plea..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... believed the sale agreement to have been executed by defendant No.1 and accordingly decreed the suit, but the appellate Court though found that the trial Court passed its judgment in accordance with law and there is no reason to interfere with the same, allowed the appeal and thereby committed erro..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
.... Advocate I find it difficult to accept his proposition. Chapter IV of Part IV of the State Acquisition and Tenancy Act, 1950 provides for "preparation of record-of-rights". This chapter contains the provision of preparation of record of right with a view to assessment of compensation regarding in......tion the learned Advocate submitted that the decision relied upon by the High Court Division in the case of Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77 has not laid down the law on correct interpretation of section 24 of the Non-Agricultural Tenancy Act. 3. Now let me ..Category: Property Law | Date: | Hits: 85
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......porary injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them and trying to dispossess them from their lawful property taking advantage of the order of temporary injunction. 7. On the other hand Mr. M..Category: Property Law | Date: | Hits: 84
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......red and defence declined to cross examined them. None of the public and seizure list witnesses supported the prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independe..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....cution Case No. 1/2003 under Order XXI, rule 32(1) of the Code of Civil Procedure for restoration of their possession in the suit land and also for taking other measures against the defendants as per provision of law. Defendants contested the Execution Case by filing written objection. Executing Cou......o. 1/2003 under Order XXI, rule 32(1) of the Code of Civil Procedure for restoration of their possession in the suit land and also for taking other measures against the defendants as per provision of law. Defendants contested the Execution Case by filing written objection. Executing Court vide it's ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......Court of fact in violation of Order XLI Rule 31 of the Code of Civil Procedure did not discuss the evidence on record and as such the judgments of the Courts below are not tenable in the eye of law; III. Because, the vendor of the plaintiffs after exhausting his land in favour of different ..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... matter found that the suit property is not a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh a..Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....e deposed that he was not present at the time of recovery of gun. 4. Learned Advocate for the appellant submits that even accepting the prosecution case the appellant cannot be convicted under the provision of the Arms Act as the prosecution did not prove that the place wherefrom the gun and ammu......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356...Category: Criminal Law | Date: | Hits: 94
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....h, 36 DLR (AD) 108. 12. Considering the paramount consideration that there should be an end to litigation, the court is reluctant to entertain an application for review unless it is covered by the provisions of rule 1, Order47 of the CPC. 13. In the case of Fazle Karim and others Vs. Governmen......ld have lived but in the house of defendant No.1, namely, Abdus Satter Solaiman where the presence of both the wife of the plaintiff in the house of Abdus Satter Solaiman and of P.W.2, his brother-in-law, would be not be very normal and natural in the facts and circumstances of the case, they having..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... documents, as the property in question was situated within the territorial jurisdiction of the Lakshmipur Sub-registrar, the Begumgonj Sub-Registrar could no register the documents, according to the provision of section 28 of the Registration Act. The question of false personification could not be ......985 in the following manner: (a) for the words “some portion” the words “major portion” shall be substituted”. So the provision of section 28 as was there earlier did not authorise by law, the Sub-register Begumgonj to register the deeds in question as no property invoked within the ..Category: Procedural Law | Date: | Hits: 105
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