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Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......he 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 Artha Rin Adalat is final and the same cannot be questioned in any Court or by any authority except under the provisions of Artha Rin Adalat Ain. ......rty No.1 to show cause as to why the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh..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.......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.......li J.- This petition for leave to appeal is directed against the judgment and order dated 08.12.2010 passed by the High Court Division in Writ Petition No.3742 of 2004 discharging the Rule. 2. The facts relevant for disposal of the leave petition are as follows:- The petitioner was employed o..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......r in Title Appeal No.65 of 2003 reversing the judgment and decree dated 24.08.2003 passed by the learned Assistant Judge, Kalkini, Madaripur in Title Suit No.85 of 2000 dismissing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the predecessor-in-interest of res..Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......rovident fund and other service benefits of the deceased. 5. Both the parties adduced some witnesses in order to prove their respective cases. The trial court, on consideration of evidence and facts and circumstances, opined that since the deceased employee did not select any nominee for the ..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......an law made specific provision for vesting the judges of the Family Courts with the power under section 488 CrPC. No such provision is there in our law. 12. Considering the above legal provisions, facts and circumstances we hold that the provisions of the Family Courts Ordinance, 1985 (Ordinance ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......edings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be as may be necessary for the purpose of determining the real question in controversy between the parties." Subordinate Judge, 4th Court, Dhaka allowed the amendm......he foundation on which a suit is based and not the prayer in the plaint that determines its fundamental character. The amendment in question is merely an additional relief for re‑arrangement of the facts in the plaint to their proper perspective and necessary for appropriate relief. The impugned o..Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......n the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances of the case, the T...... business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in deleting the unpai..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....can Bureau of Shipping are the same as in Reference Application Nos. 80 of 1992 and 81 of 1992 as above. 6. These three Reference applications call for an examination of similar question of law on identical facts though applied to different assessment years and they arose between the same parties...... the assessee American Bureau of Shipping are the same as in Reference Application Nos. 80 of 1992 and 81 of 1992 as above. 6. These three Reference applications call for an examination of similar question of law on identical facts though applied to different assessment years and they arose betwe......come in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but is boils down to the following namely: "Whether on the facts and circumstances of the case the learned Assistant Joint Commissioner of Taxes, for that ma..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ntage of reading in advance the Judgment proposed to be delivered by my learned brothers K. Hossain and D. C. Bhattacharya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the...... Islam Vs. State, 12 D.L.R. 105; Muhammad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad. We refrain from dwelling on these authorities in detail, as facts in the present case are materially different from the facts of the cited decisions. There is..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......ned Subordinate Judge also could not place any reliance upon the Dakhalias, Ext.4 series, produced in support of the plaintiff's claim of settlement, and negatived the plea of such settlement. On the question of possession, the learned Subordinate Judge was of the opinion that although the direct ev......on of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that the plaintiffs had no right title and interest in the disp..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ....... Khan, learned Counsel appeared for the petitioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the elec...... the learned Judge were right in setting aside the order whereby the hearing of the suit on the question of its maintainability as a preliminary issue was fixed. 11. We do not think that in the facts of the case the learned Judges of the High Court were right in setting aside the impugned orde..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......y the said Kabala. 8. He does not think that the learned Counsel is right in his contention as to the applicability of the provisions of sections 43 and 47 of the Transfer of Property Act to the facts of the case. The principle underlying the provision of section 47 of the Transfer of Property ..Category: Property Law | Date: | Hits: 102
....ht of a raiyat was created in agricultural land was also referred as 'lease' in section 2 of two of the above mentioned enactments, viz. Rent Act, 1859 and Landlords and Tenant Procedure Act, 1859 in identical language, as quoted below:—
''Every raiyat is entitled to receive from the person to ......aid Article were also liable to be assessed to local, rate as demanded by the Respondents.
6. Special leave to Appeal was granted by the Appellant Division of the Supreme Court for deciding the question as to the legality of the imposition of the Development and Relief Tax under the East Pakis......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......ouse/area. It is also not believable that the appellants would commit dacoity in a known house at their own area without masks and colour and would take risk of identification. 16. Under the above facts and circumstances we are of the view that the allegations of dacoity under sections 395 and 39..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... other hand, he submits that there was no undertaking or assurance given by the University that they will be retained in the service or that there would be automatic absorption. He submits that the question of legitimate expectation is based on the qualities of the applicant and arises from the co......09, 8117 of 2005 and 1182 of 2010 discharging the Rules. 2. All the Civil Petitions for Leave to Appeal were heard analogously and are disposed of by a single judgment by this Division. 3. The facts relevant for disposal of the petitions for Leave to Appeal are as follows: 4. In total 11..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....after the crime was committed and saw the victim Ansar Malik lying on the ground with head injury where from profuse blood was coming out. 22. In his 164 statement dated 30-4-2000 PW 5 Rustom gave identical evidence about the occurrence. He stated that on the date of occurrence he also with PW 9 ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......r Mallik sustained head injury from the house of one husband abandoned woman namely Dalim and the accused has been falsely implicated in the case due to previous enmity. 9. On consideration of the facts and circumstances of the case and evidence on record, the learned Additional Sessions Judge, w..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......rms of the petitioner's lease expired at the end of Chaitra, 1415 BS, and the petitioner did not acquire any continuing right thereunder, so the notification for tender for leasing out the fishery in question on fresh terms cannot be said to violate the lease agreement. Moreso, mere filing an applic......d affirming those of dated 18-3-2009 passed by the learned Assistant Judge, Mithamoin, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order..
Category: Property Law | Date: | Hits: 73
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