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Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......o the writ was maintainable. 6. As to the second reason, Mr. Rafique-ul-Huq learned Counsel has pointed out that the learned Judges of the High Court Division were not well founded in holding that there is no statutory provision for the Government to enter into the land on the termi..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:...... to such taking over, Burmah Shell used to file returns and pay Urban Immovable Property Tax. By an assessment order dated 78.6.64, the Agricultural Income Tax Officer, revised the valuation of the holding at God-nail Depot belonging to Burmah Shell, for the year 1961-62 and re-fixed the valuat..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......oration of possession to the respondents but opined that the appellant be evicted in due course. 4. The only question before this Division is whether the learned Judges were well founded in law in holding that the Abandoned Property authority on taking vacant possession of the shop, led to th..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... the delay in filing the writ petition was solely due to the indecision on the part of the authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and c..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......ercising its Writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the finding of the domestic enquiry perverse and that the petitioner was dismissed for his..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......nt and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 katha..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......al leave to appeal; and they have come very clearly to the conclusion that it is not." 13. Again, in the case of Radha Krishna Das Vs. Rai Krishna Chand, 28 I. A. 182, the Privy Council, after holding that the leave to appeal granted by the High Court without any certificate under section 596..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......only if this condition is satisfied." 6. Mr. M. H. Khandkar, the learned Attorney-General appearing for the appellant contended that the learned Judges of the High Court erred in not holding that the minimum requirements of legal proof for sustaining an ex-parte decree were lacking ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its award published in the Gazette on 24-2-64 ordered the reinstatement of Nurul Gani after holding that as his services were terminated without assigning any cause the order was wrongful and ..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... in the "service of Pakistan". Moreover, the terms and conditions of service of the respondents, it is admitted, were not governed by any statutory rules. The learned Judges were, therefore, right in holding that the guarantee under Article 177 of the Constitution of 1962 was not available to the ..Category: Employment/Service Law | Date: | Hits: 96
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......tion was raised on the basis that in a suit under the Fatal Accidents Act XIII of 1855 this was the only ground upon which damages could be claimed. The trial Court, however, repelled this contention holding that the suit was both under the said Act as well as under the general law of torts. Furth..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......justice has implied authority to commit him to jail till he complies. Before sub-section (2) was added to section 476 Cr. P.C. an order directing that a complaint be made to a Magistrate for holding an inquiry into an offence referred to in section 195 was not open to appeal. However, a rev..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......sed the property in the benami of his relation. Section 167 of Bengal Municipal Act, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) due to the Government or o..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....hey did not sell any of their properties before their departure for India, that they returned home from India within 1 or 1 ½ months after their departure and that after their return they repaid the agricultural loan which they had earlier taken. This witness further stated that the Boards slip per......of the period of their imprisonment. The respondents appealed to the Sessions Judge, Bakerganj-Patuakhali against their conviction and sentences. The learned Sessions Judge dismissed the appeal upholding that ''they having migrated to India on the basis of migration certificate with the intentio..Category: Criminal Law | Date: | Hits: 59
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......te arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and also holding that in case of failure the suit shall proceed. 2. The appellant filed the above M..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ...... Md. Fazlul Karim J.- This appeal by leave was to consider the submission that the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse posses..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration and remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified the Cinema Hall as a commercial investment with ef..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......the Regulation would have been void, being contrary to the overriding provisions of section 3 of the said Act.” I do not find any reason to differ from that view. 6. There is one more reason for holding so. The respondents are public servants within the meaning of section 2(d) of the Act. Being..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... deed was therefore limited to his daughters and did not include other descendants clearly the provision for appointment of Mutwalli in the deed has been a misreading by the High Court Division by holding that the Waqf Administrator and the District Judge had not followed the provision of the wa..Category: Trust/Waqf Law | Date: | Hits: 209
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......bsp; M Amin Chowdhury CJ.- This petition for leave to appeal is against judgment and order dated 30th January, 1997 passed by the High Court Division accepting Death Reference No. 6 of 1994 upholding the conviction and sentence of petitioners Giasuddin and Jamal Uddin alias Abullah under s..Category: Criminal Law | Date: | Hits: 47