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Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......n of section 18(3) of the Premises Rent Control Ordinance can be attracted." 9. Then in the reasons taken by the Respondents reason No. 1 is in the following terms:- "Because in view of the provisions of section 18(3) of the Premises Rent Control Ordinance and in view of the admitted f..Category: Criminal Law | Date: | Hits: 47
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......rned Counsel contends that in the former trial under the Arms Act for unauthorised possession of the fire arms, the petitioners could have been charged and convicted for the robbery as well under the provisions of section 236 and 237. These sections arc quoted below: "236. If a single act or..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....suit property and as such there was no necessity of contesting the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civil Procedure is mandatory non-compliance of the same will not render the whole proceeding of the suit including pass......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......me Indian decisions of which reference may be made to AIR 1954 Bombay 116 (Bhairulal Chunilal Vs. State of Bombay) where Chagla, CJ. observed that it is well settled that where you have statutory provisions dealing with the conduct of an election, the writ of quo warranto is displaced. An elec..Category: Election Law | Date: | Hits: 130
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 of the State Acquisition and Tenancy Act, disentitling the petitio......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......urisdiction. The learned Judges of the High Court Division discharged the rule after hearing the parties. The present appeal is directed against this order. 3. The true scope and meaning of the provisions of section 494 of the Cr.P.C. has been pronounced in different decisions by different Cou..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... Constitution and that the reversion of the respondent to his parent department did not amount to reduction in rank and that it was done for administrative convenience. So it can not be said that the provisions of Article 135 of the Constitution have been violated. It is further contended that the l..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......he jurisdiction of the Court at Chittagong with an object to obstruct or delay the execution of the decree that might be passed, and so there could be no order of attachment before judgment under the provisions of Order 38, rule 5 of the Code. 2. On appeal, the learned Judges of the High Court h..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......is co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal State Acquisition and Tenancy Act, 1950 and the aforesaid two plots ha..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......the said order of the Labour Court, the High Court has summarily rejected the Petitioner’s application on the view that the Labour Court had taken a reasonable view of the matter with regard to the provisions of section 5(3) of the Employment of Labour (Standing Orders) Act, 1965. 4. Mr. Syed ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......appellants in respect of their Khulna Town properties on August 4, 1951 in favour of the respondents M. A. Sabur and his minor daughter Hosne Ara Begum and the other containing substantially the same provisions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne A..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... certain individuals they can very well be waived. In that view of the matter the positive, injunction contained in the said sub-section as to making of the parties in spite of its being couched in mandatory language, should be read as directory.” 26. The above noted observation is intende......crued by inheritance and (ii) a co-sharer tenant whose interest has accrued by purchase and (iii) a tenant holding land contiguous to the land transferred apply under this section and comply with the provisions therein contained, the applicant or applicants shall have the prior right to purchase u..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......not confer a new power upon the High Court. All that this section does it that it declares that such inherent powers as the High Court may possess have not been taken away or abridged by any of the provisions of the Code of Criminal Procedure. The High Court is not given nor did ever possess, un..Category: Criminal Law | Date: | Hits: 95
....nce with Rule 7(1)(2) and (3) framed under Presidential Order No.67 of 1972 and the second ground is that in terms of sub-article (2) of Article 135 of the Constitution a second show cause notice was mandatory before passing the impugned order of dismissal.
4. So far as the first ground is conce......missal.
4. So far as the first ground is concerned we find that the High Court, after discussion of all the materials on record and perusal of the records of the Screening Board has held that the provisions of Rule 7(1), (2) and (3) have been complied with by the Board before making the recomm..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......arned Judges referred to the decisions of Baqi Baluch and Arun Sen, but did not come to any conclusion on the question challenging the validity of detention on that score. They then mentioned the provisions of the law regarding the Advisory Board and though they opined that they were not oblig..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......Saiya Bai and her five minor children. The deed contained a recital to the effect that whereas on the death of Taherally Adamjee, his legal heirs have been admitted as partners in accordance with the provisions of partnership deed and whereas no normal deed has been drawn up so far, the parties desi..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ...... that in the absence of any provision under the Town Improvement Act relating to limitation for filing the appeal, the High Court was wrong in holding that the appeal was time barred, by applying the provisions of the East Bengal (Emergency) Requisition of Property Act. 1948, although in the absence..Category: Procedural Law | Date: | Hits: 101
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ivision further held that the relationship between the plaintiff and the defendant is one of master and servant as plaintiffs services were not regulated by any legal instrument or by any statuary provisions and hence no declaration or enforcement of contract as to the terms and conditions of hi..Category: Employment/Service Law | Date: | Hits: 82
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......XLI, rule 27 of the Code of Civil Procedure came up for consideration in the case of Parsotim and others vs Lai Mohar and others reported in 58 Indian Appeals, 254 wherein it has been observed the provisions of "Order XLI, rule 27, are clearly not intended to allow a litigant who has been u..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
..... 58. Besides, such power of amendment to the preamble/provisions of the Constitution is controlled one providing a special procedure and a majority of 2/3 rd members agreeing to such amendment is mandatory for the amendment of the Constitution. Once amended the amendment becomes a part of the ......y be a nominee of political party or combination of political parties. To be a candidate for participating in the election to be a member of Parliament whether it is general election or bye-election, provisions relating to qualification or disqualification are provided in the law which is a subord..Category: Constitutional Law | Date: | Hits: 221
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