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Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......ng that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law. 3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view of the clear bar imposed by section 45 of the East Pakistan Ordinance XXXIII of 1961 the Civil ..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......ion to allow the petitioner to be added as a party in the Artha Rin Suit. He lastly submits that the High Court Division committed an illegality by not allowing the petitioner to be added as party in view of its application under Order I Rule 10 of the Code of Civil Procedure. 13. We have conside..

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......that there is no reliable cor­roborating evidence of P.W.1 about the execution of the deed of contract for sale and payment of advance money out of the consideration as claimed by the plaintiffs. In view of the above, it cannot be said that the learned Judges of the High Court Division are not just..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ...... revisional court and as such he should be allowed to remain in possession of the property of his father-in-law. 17. But we cannot accept this argument of the learned Advocate for the appellant in view of the very pleading of the defendant No.1. In the written statement filed by the defendant No...

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......e for the safety and security of the members of the informant’s family. Accused A.B.M. Fazle Karim Chowdhury, a Member of the Parliament, also had enmity with the father of the deceased. He, with a view to grab the property of the father of the deceased, put pressure on him in different ways so th..

Category: Criminal Law | Date: | Hits: 68

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......uct following the murder of his mother. 6. The trial Court, on the other hand, observed that the appellant's wife Swapna who was present at the time of occurrence did not depose in the case with a view to save her husband, that the statements of Gopal Karmaker under section 342 of the Code of Cri..

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......etheless it is necessary that the judgment must indicate that the learned SCC Judge applied his judicial mind in to the material evidence on record in reaching his conclusions. We get support of this view in the case of Abdul Malek Miah Vs. Maya Debi and others, reported in 1984 BCR (AD) 42. In the ..

Category: Property Law | Date: | Hits: 64

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......d from the aforesaid plot by its southern side in Chaitra, 1374 BS and after constructing thatch huts thereon he has been living there peacefully and uninterruptedly for over 20 years within the full view and knowledge of its owners, the defendant and all others in assertion of hostile title, denyin..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......d by the said section. 29. Now let us see, from the facts of the case, whether the complaint case under section 15 (2) of the Payment of Wages Act filed by the respondent No.1 is tenable in law in view of the legal position discussed above. To come under section 15(2) of the Payment of Wages Act ..

Category: Labour and Industrial Law | Date: | Hits: 255

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......rder and notices are issued it appears to save such limitations. But in case where no notice is issued and an appeal and a revision is filed then revisional application will have its natural death in view of the filing of the appeal. But mere non-issuance of any notice cannot by itself be a bar in f..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ng suspiciously in Bishaka Bazar are so inter connected as forming a chain of evidence that there is no question of disbelieving the prosecution case that the accused committed the dacoity. 13. In view of the death sentence awarded only to accused Abul Hashem it is necessary for us to hold that A..

Category: Criminal Law | Date: | Hits: 66

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....whether the tribunal acted within jurisdiction or not in ordering so. In other words, the question would be whether this Court can intervene to correct the decision of did statutory Tribunal which is erroneous on point of law. There is no dispute that this Court can intervene to prevent a Tribunal f...... behalf of both the parties and the Tribunal proceeded to arguments fixing a date, but before the argument could start, the respondent No.1 Motalib, filed petition before the Tribunal praying that in view of the evidence on record in order to decide the issue as to the legal and correct counting of ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......he application for temporary injunction are false, imaginary and concocted and there is no cause of action for the application and that the application for temporary injunction is not maintainable in view of the bar under section 44 of the Acquisition and Requisition of Immovable Property Ordinance,..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....rence drawn from evidence except on the ground that it is perverse, unreasonable without evidence. High Court has no jurisdiction to entertain in revisional jurisdiction any revision on the ground of erroneous finding of fact, however, gross or inexcusable. Finding of first appellate Court upon a qu......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....f the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his contribution towards construction of the ...... that the documents and the conduct of the assessee convinced that his wife was a mere name lender while assessee is the real owner of the house property. Upon this finding the Tribunal by a majority view dismissed the appeal and field that the entire income from the house property should be taxed u..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......sputed premises during pendency of the aforesaid suit for ejectment is also hit by the doctrine of lis pendens and the result of the suit will decide the fate of the opposite‑party No.1 and in that view of the matter as well the opposite‑party No.1 cannot be said to be a necessary party. The sui..

Category: Property Law | Date: | Hits: 49

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......he same time the father of the victim girl P.W.1 also denied a suggestion by the defence that she was 15 to 16 years old and maintained that she was only 13 years of age at the relevant time. Now, in view of the above evidences of the P.Ws. as to the age of the victim girl and the certificate issued..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......ecution. The order dated 6.8.86 passed by the Deputy Secretary canceling the order No.68/85 dated 6.2.85 is annexed to the petition and marked as Annexure 'C'. It is claimed by the petitioner that in view of the order dated 6.8.86 (Annexure C) the promotion of the respondent Nos. 5‑8 in terms of o..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......arak to surrender before the Tribunal on 25-4-78 and without compliance of the mandatory provision laid down in sections 83 and 84 of the Code of Criminal Procedure passed an order on 25-4-78 that in view of the Gazette Notification against the absconding accused, the case is now ready for trial and..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......ed Advocate for the petitioner placing the petition and other materials on record submitted that realization of 5% excess duty front the petitioner of each of the two Rules was wholly unauthorized in view of SRO No.119 dated 18-6-87 from 18-6-1987 to 17-5-1989 from the petitioner of Writ Petition No..

Category: Fiscal/Taxation Law | Date: | Hits: 164