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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......ive Substances Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted charge-sheet against the accused respondent and others under aforesaid provisions of law. The accused respondent being informant also lodged a first information report on ..Category: Criminal Law | Date: | Hits: 184
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ...... High Court Division misread and misconstrued the annexures filed by the respondents in holding that the petitioner is an employee of respondent No. 2 and not of respondent No. 1 and, as such, the provisions of Pension and General Provident Fund Rules, 1987 are applicable to him. It has also bee..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......amendment, correction and revision of voter list in sections 10 and 11 of the Ordinance and there is provision for deletion of names from the electoral roll in section 13 of the Ordinance. From the provisions of sections 10, 11 and 13 of the Ordinance it is seen that there is no scope for the Co..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ed and that the seller would be entitled to a penal interest @ 3% per annum in addition to the 8% per annum on the instalments and also to recover defaulted installments or unpaid amount under the provisions of the Public Demands Recovery Act, 1913. The schedule annexed to the said agreement has..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....certain passage to show that long title is imperative so that the members of the Parliament do get a clear picture as to what they are voting for. Such bill was introduced without compliance with the mandatory provision namely, long title which is absent in this amendment bill. 43. In reply Mr. S......f the High Court Division and thereby damaged a basÂic structure or" the Constitution; as such, it is void. The Impugned Amendment has resulted in unrecognizable repugnancies to all other exÂisting provisions of the Constitution related to it rendering the High Court Division virÂtually unworkabl..Category: Constitutional Law | Date: | Hits: 1934
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......e hardÂship of the plaintiff who had a registered kabuliyat of 1947 in his favour which the trial court found to be valid and genuine. This may be so but the court canÂnot help because of the legal provisions made in reÂspect of diluviated lands. It is, however, upto the Government to consider th..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......on the part of the tenant in paying rent for the months of January and February 1984. Appellant contended that she did not make any default but deÂposited the rent with the Rent Controller under the provisions of s.18 (5) and s.19 (1) of the Premises Rent Control Ordinance, 1963, briefly the OrdiÂ..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......members must be present for the validity of the selection board. Furthermore when 2/3rd of the members of any corporate body remain present it becomes comÂpetent to transact its business under usual provisions and practice. An impression was sought to be given that the selection board was constitut..Category: Employment/Service Law | Date: | Hits: 89
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......They prayed for stay in the aforesaid execution case on the ground of pendency of their suit for specific performance in the same court. 4. The learned Advocate for the appellants reÂlying on the provisions of Order 21, rule 29, C.P.C. submitted that it was a proper case for staying the executio..Category: Civil Law | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... "There is an imposing array of authority for the view that in those parts of the country where Indian Easements Act is not in operation, there is no reason why the principles underlying the provisions of the Indian Act, should not be folÂlowed in so far as they embody the rules of equiÂ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......inance the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specif..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....the plaintiff was in service and he was entitled to get pay and other benefits excluding the period of his unauthorÂised absence from 21.6.1975 to 25.4.1977. The deÂfendants were also directed by a mandatory injuncÂtion to allow the plaintiff to join his office within sixty days. The High Court D......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......bÂlic peace. It is apparent that maintenance of the pubÂlic peace being of prime concern the local adminisÂtration has been vested with such a power. But in the nature of things and in view of the provisions of subÂsection (1) a District Magistrate cannot close down a shop for an indefinite peri..Category: Others | Date: | Hits: 125
....the Constitution. The Parliament has been invested with the legislative powers of the ReÂpublic. Art. 72 provide there shall be at least two sessions of Parliament in every year. Arts. 65 and 72 are mandatory provisions of the Constitution.
56. The learned Counsel for the appellant has strenuous....... By way of inforÂmation, Kh. Mahbubuddin Ahmed said that the apÂpellant won the election which was held on time.
21. Kh. Mahbubuddin Ahmed, at the outset, reÂferred to different Constitutional provisions and legislative enactments by, or in pursuance, of which different elective bodies includ..
Category: Election Law | Date: | Hits: 212
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ear in respect of delivery of 3337 bags of cement in damaged condition. It is too late in the day to prove that" it is not liable in any way. As to whether a-joint decree can be made the provisions of Order 1, Rules 3 and 4, of the Code of Civil Procedure seem to be relevant. Thes..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....appear from the following observations: "It should be clearly understood that mere consent of the parties cannot override the express provisions of a statute which is mandatory in nature in the same manner as no court can by consent of the parties, assume jurisdict...... the High Court Division were wrong in their finding on the point of limitation since the period of limitation mentioned in Article 3 of the First Schedule of the Arbitration Act is, in view of the provisions of section 3 of the Act, one of the conditions of the Agreement and could not be compare..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......llant company was taken over by the Government under the Acting President's Order No. 1 of 1972. On February 2, 1972 respondent No. 7 was appointed an administrator of the appellant company under the provisions of President's Order No. 16 of 1972. He took over the entire stock of jute available in t..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ommended itself to us, The decision in East End Agencies Vs. Mafizuddin (20 DLR 1056) that the transfer of interest of a partner in partnership firm can be effected by a registered document under the provisions of section 17(i) (b) of the Registration Act when the firm is possessed of immovable prop..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......he Appellate Assistant Commissioner were not justified in rejecting the assessee's claim for investment allowance in respect of Bonus share of Tk. 2,200/-. 2. Whether in view of the provisions of sections 2(6A) and 15C of the Income Tax Act the Tribunal was justified in finding t..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......his contentions as to part performance of the contract. One who places reliance on the doctrine of part performance succeeds only where one has been able to prove a contract. This is clear from the provisions of the section itself which is as follows: "53A. Where any perso..Category: Property Law | Date: | Hits: 36
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