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Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......lish "that the building is not an abandoned property and has not been vested in the Government under the President's Order or that his right or interest in the building has not been affected by the provisions of that Order." The Court of Settlement dismissed the petitioner's case on the finding th..Category: Property Law | Date: | Hits: 37
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......respondent 3, have submitted that they have no concern with the appeal, and have prayed for costs for being unnecessarily impleaded in the appeal. 4. To appreciate the point the relevant provisions of section 167(9B) of the Act may be set out: "If, in relation to any go..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......Acquisition and Tenancy Act. 6. Mr. K.A. Bakr, learned Counsel appearing for the petitioners, has submitted that the learned Single Judge of the High Court erred in construing the provisions of Section 75 A of the State Acquisition and Tenancy Act and in holding that the agreeme..Category: Property Law | Date: | Hits: 34
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ...... Awlad Ali, learned Counsel for the complainant-respondent No. 1, submits, on the other hand, that there is no bar in law in entertaining a fresh complaint because the legislature has not amended the provisions of section 403 and other relevant sections of the Code expressly or by necessary implic..Category: Criminal Law | Date: | Hits: 46
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......eld "It is settled law that a decree in a suit for specific performance of contract for sale is not a final decree but it is in the nature of a preliminary decree which is clear from the provisions of section 35 itself as the original Court retains control over the matter by having ful..Category: Property Law | Date: | Hits: 94
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......r amendment of the plaint, consisting of about 15 pages (the original plaint being of about 4 pages only) wherein it was stated, infer alia, that the disputed land has been acquired under the provisions of the Emergency Requisition of Property Act, 1948 by the respondent, taking the l..Category: Property Law | Date: | Hits: 36
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......n-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-section (1) to (3A) shall, as far as may be, apply in relation to such report or ..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... discussions of the materials on record refused to interfere with the finding and decision of the appellate Court. Ground raising which leave was obtained or in other words placing reliance on the provisions of Sections 91 and 92 of the Evidence Act leave was obtained contending that the suit wa..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......of the Banking Companies Act, 1991 the power of issuing license to start banking business lies with the Bangladesh Bank and section 27(1) of the Banking Companies Ordinance, 1962 contained similar provisions. Bangladesh Bank further opined that the decision for establishment of new banks in the ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......er submits that the expression "law" in exception (vi) means a statute law and not a regulation or bye- law because a subordinate legislation cannot override, or be inconsistent with, the provisions of a statute law unless so permitted by its parent legislation. 19. The grounds o..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......e of public purpose for which the land of the writ petitioners was going to be acquired. 12. He lastly submits that the finding of the High Court Division that the alleged violations of the provisions of Town Improvement Act, 1953 have no nexus in this case is illegal inasmuch as when a ..Category: Property Law | Date: | Hits: 31
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its misconception of the provisions of section 42 of the Specific Relief Act, 1877 has set aside the judgment and decree of ..Category: Property Law | Date: | Hits: 33
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......emedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learne..Category: Property Law | Date: | Hits: 118
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......on of the appellants that the High Court Division was in error in failing to hold that the admitted tenants, the appellants, are not the trespassers within the definition of section 2(9) or any other provisions of the Ordinance and as such there cannot be a direction from the Administrator of Waqfs ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ain Biswas & others………Respondents Judgment December 13, 2004. The Evidence Act, 1872 (I of 1872), Section 90 Legal presumption of a thirty years old document by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is..Category: Property Law | Date: | Hits: 26
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....ellip;………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly a......erence may be held to the case reported in the case of M.A. Naser Vs. Chairman, Pakistan Eastern Railways reported in PLD 1965 (SC) 83 wherein it has been held that:- "Under the provisions of section 42 of the Specific Relief Act a person entitled "to any legal character..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....hat is the appellant two months time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff respondent and as such there being gross violation of mandatory provision of section 80 of the Code, the trial court as well as the court of appeal ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......petitioner deliberately misrepresented and concealed his age. The High Court Division after hearing discharged the Rule. 4. The learned counsel appearing for the petitioner referring to the provisions of Articles 116 and 117 of the General Financial Rules submits that the date of birth sh..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......on is dismissed. The Bangladesh Shilpa Bank Order, 1972 (PO 129 of 1972), Articles 33, 34 & 35 The Constitution of Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been pro..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... High Court Division under sec. 561A of the Code for quashing the proceedings. The High Court Division by the impugned judgment and order dated 29 January 1990 rejected the application holding that provisions of sec. 339C of the Code would not apply to his case which is exclusively triable under..Category: Criminal Law | Date: | Hits: 58
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