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Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....he President's Order No.16 of 1972 has been taken. Learned Counsel has further submitted that the right created under section 53A of the Transfer of Property Act is a right created under a positive provision of a statute and not a right arising from mere contract or equity independent of any statu......ty belonging to a Pakistani Company which is in possession of a Bangladeshi Company by virtue of an agreement in writing can be taken over as an abandoned property without rescinding according to law, the agreement under which the Bangladeshi Company has been in possession of the said property..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed prop..Category: Criminal Law | Date: | Hits: 94
....es are considered to be specialised or technical in nature or indispensable in the public interest and whose suitable replacement is not readily available, may be re-employed in accordance with the provisions of this Order by such authority and on such terms and conditions as may be prescribed:
......5.7.73 on the basis of recommendation of the Screening Board.
3. The appellant challenged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and w..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....yee "and is engaged on a monthly rated basis" whose services can be terminated. The Respondents are not engaged on monthly rated basis nor the Biman Corporation so contended, and, therefore, this provision has no manner of application in the instant cases. 5. The question is whether the law o...... special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points among..Category: Employment/Service Law | Date: | Hits: 123
....roperty of the Waqf was included in acquisition. A subsequent application was made challenging the acquisition under LA Case No.138/61-62 on the ground that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. Th......dditional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be declared to have been passed without lawful authority and is of no legal effect." The petitioners have filed numerous affidavits and su..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....rding to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided to dismiss the petitioner from service and since the petitioner was a Fir......nistrative Tribunal case and contested by filing written statement. According to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....se the case land first but since they declined the pre-emptee purchased the case land at the negotiation of the pre-emptors. The pre-emptee pleaded further that this pre-emption case is barred as per provision of section 6 of Land Reforms Ordinance, 1984. 6. Both the contesting parties adduced se......witnesses it has been proved that he has got his ancestral homestead and other house also. 15. However, considering the facts and circumstances and evidence on record we find no error of fact or law in the impugned judgment of the High Court Division. We, rather find that the High Court Divisio..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence exami..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....tated in the F.I.R. the date of occurrence is 19.04.2004, but the F.I.R. has been lodged on 17.07.2007, that is nearly after three years and three months after the date of occurrence. Whereas, as per provision of sub-section (3) of section 10 of the Ain, the F.I.R. should have been lodged within sev......ondal said that the rest amount of 'chanda' should have to be paid to them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......s the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in the ..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... from transferring the suit land to anybody by executing any kind of transfer deed. 8. Mr. Rokanuddin Mahmud, the learned Advocate appearing with Mr. Md. Asaduzzaman, Advocate referring to various provisions of Court Fees Act, Suit Valuation Act and Order VII Rules 10 and 11 of the Code of Civil ......ent yet did not release the suit property from 'Ka' list of Abandoned Properties and restore its possession to the defendant. All on a sudden the plaintiff received a notice dated 23.12.2003 from the lawyer of the defendant rescinding the agreement for sale. Hence the suit. 4. Defendant entering ..Category: Property Law | Date: | Hits: 85
....be taken into consideration as these were not proved by any cogent evidence as required by section 67 and 68 of the Evidence Act."
16. To my mind, the lower appellate Court correctly held that the provisions of section 67 and 68 of the Evidence Act had not been followed in course of taking those ......it No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....s been filed after proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an o......fter proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relatin..Category: Criminal Law | Date: | Hits: 99
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......f any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of evidence. 11. The learned Judge of the Special Tribunal has considered the evide..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....n default, for proceeding with the trial of the Title Suit No.213 of 1994. The learned Advocate has argued that the High Court Division has erred in law in giving this very direction ignoring the provision of Section 10 of the Code of Civil Procedure. The learned Advocate has contended that this......6 months from the date of receipt of the order, in default, for proceeding with the trial of the Title Suit No.213 of 1994. The learned Advocate has argued that the High Court Division has erred in law in giving this very direction ignoring the provision of Section 10 of the Code of Civil Proced..Category: Property Law | Date: | Hits: 75
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
...... 1416 BS and as such the lease of the petitioner for the years 1416 to 1420 BS was concluded, and, therefore, the subsequent report claiming that the lease was only for one year is not sustainable in law and as such the judgment dated 21.04.2010 passed in Writ Petition No.1505 of 2010 is liable to b..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....urt the remedies will follow as provided therein and there being specific remedy in the statute for filing appeal against the Judgment and decree of the Artha Rin Adalat. Moreover, as per the express provisions of section 6 of the Artha Rin Adalat Ain, 1990 the decision or Judgment and decree of the......eeds as set forth in the schedule "ka" of the plaint are illegal, forged, fake collusive and made by false personation and of no legal effect which is not only misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court the remedi..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......ounsel appearing on behalf of the petitioner submits that the High Court Division passed the impugned judgment and order upon misreading and misinterpreting the materials on record and relevant law. He points out that the Chairman of the Labour Court while passing his judgment failed to take i..Category: Labour and Industrial Law | Date: | Hits: 183
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....he provident fund and other service benefits of the deceased are to be paid to the person or persons who are entitled to get the same as per these Rules. The High Court Division examined the relevant provision of these Rules and held that since the parents of an employee are not included in his fami......nt any nominee for his provident fund. So according to the above mentioned provision of these "Rules" the provident fund benefit will have to be disbursed to all his legal heirs according to personal law of inheritance. So, evidently, the High Court Division was wrong in holding that since the par..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....he learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its provisions cannot override the provisions of a general law i.e. section 488 CrPC. His second content......one appears to oppose the Rule on behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its pr..Category: Family Law | Date: | Hits: 215
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