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Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
.... used for the purpose for which it was acquired and as such the plaintiffs are entitled to get return of the suit land is not acceptable at all. After acquisition of any land by the Government as per provision of law the Government becomes the absolute owner of that land and all right, title and int......No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect that the suit land was admittedly acq..Category: Property Law | Date: | Hits: 65
....d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......fully performed his functions as the Principal for about 26 years. There were two selection committees. The 1st selection committee was formed on 17.4.2006 comÂprising 4 members in violation of the law of the National University. The 1st selecÂtion committee selected the petitioner as the Princip..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......eness of the kabala in question. However, both the appellate court and the revisional court rightly opined that as the signatures of the kabala in question are admitted by the defendant as of his own law put heavy burden on him to prove the circumstances under which he put these signatures. Both the..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......e suit was decreed on contest and the Advocate Commissioner partitioned the property and prepared the saham after servÂing notices upon the defendants duly and the preliminary decree was made final lawÂfully as no objection was filed against the Advocate Commissioner's report and that the final d..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....service of the petitioner is not a termination of service simpliciter. The authority terminated his service with certain stigma in his character and as such he has not been properly dealt with as per provision of the Employment of Labour (Standing Orders) Act which requires that disciplinary proceed......isi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....substantiate the suggestion that these two witnesses were inimically disposed towards the accused‑appellant. 10. The learned Advocate for the State further submitted that in the instant case the provision of sections 25 and 29 and 30 of the Arms Act and 103 of the Code of Criminal Procedure are......e instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of the learned Single Bench Judge of the High Court. 16. Now we a..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....4. Section 8(1) speaks that if the decision of a Village Court is unanimous or by majority of four to one, the decision shall be binding on the parties and shall be enforceable in accordance with the provisions of this Ordinance. In this case admittedly the decision of the Village Court was by four ......ding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned Subordinate Judge assumed the role of the petitioner by putting valuation which is not permissible in law. 5. Mr. Syed Mahmud Hossain submits that the Rule is liable to be discharged on the ground th..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....ned Deputy Attorney-General appearing for the petitioner (Government of Bangladesh), has challenged the award as being without jurisdiction and a nullity on the ground that the arbitrator went beyond provision of Clauses 25, 27 and 31 of the Contract document under which it was the liability of the ......work and being liable to make necessary repair, rejoin or restore the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ution of their heirs, the defendant-respondent No.5 having admitted the liability is bound to pay the debt with interest as per his own admission and the suit can be proceeded with against him as per provision of law quoted above. As such, the trial Court was wrong in dismissing the suit. In support......(a), 4, 18, 22, and 45 of the Partnership Act, 1932 and argued that the defendant-respondent No.5 having admitted the liability of the loan is bound to repay the debt and the trial Court has erred in law in not decreeing the suit. The learned Counsel virtually relied on Exhibit 10(J), which is a rep..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......s regards the occurrence, he stated that the same took place at about 8-00/8-30 PM on 8-5-87 in front of Azimpur Girls High School. He further stated that on that night he went to visit his father-in-laws house at Azimpur with his wife. While returning home, someone gave knife blow to his wife and t..Category: Criminal Law | Date: | Hits: 54
....orce until revoked or suspended by the Government. He was also granted licence of Nikah Registrar by the local Chairman of the Union on 30-3-72 with the condition that in the case of violation of any provision of the Muslim Family Laws Ordinance, 1961 or the rules framed thereunder the licence shall......ndents to show cause as to why the order dated 10-6-98 (Annexure-A) of the respondent No.3 and order dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was als..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....n Amin, the learned Advocate appearing for the defendant-petitioners, submits that the learned Senior Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule 21 of the Code of Civil Procedure and the same has occasioned failure of......rs moved this Court and obtained the present Rule. 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the defendant-petitioners, submits that the learned Senior Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......present Rule. 6. Mr. Hasmat Ali, the learned Advocate appearing for the petitioners, submits that the appellate Court having found that the suit was bad for defect of parties committed an error of law is not sending the same on remand to the trial Court, to enable the plaintiffs to implead all th..Category: Property Law | Date: | Hits: 65
....did not in any way affect the interest of the plaintiff. Moreover, from a close reading of the proceedings under section 92(4) of the State Acquisition and Tenancy Act, 1950 it appears to me that the provision for institution of a suit in the civil Court within 90 days of the order of the Government......s also alleged that the suit property was the secular property of one Suresh Chandra Roy who subsequently settled in India, following which the suit property has become enemy property by operation of law. It was also alleged that the suit p was made by the Government as an abandoned property under S..
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
....y be instituted for dishonouring a cheque. But from reading of section 48 of the Act we do not find that institution of this case under Penal Code is barred under section 48 of the Act by an explicit provision of this Act, It is the settled principle of interpretation of a statute that unless retros......ision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provision of an Act it cannot be given by judicial pronouncement. The law or any provision of a law is prospective. Therefore, the contention of Mr. Sheikh Atiar Rahman o..Category: Criminal Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
.... failed to have the proceedings of Family Suit No.27 of 1996 stayed, came up with yet another application on 3-2-98 under section 6(8) of the Family Court Ordinance, 1985 alleging infringement of the provisions of section 6(5) and 6(7) of the said Ordinance and also that the suit is hit by Article 2......tioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury (opposite party No.2), mother Monwara Begum (opposite party No.3), brother Mahatabuddin Chowdhury (opposite party No.4) and her brother-in-law (sister’s husband) Faiz Ahmed as opposite party No.5 respectively, contending, inter alia, tha..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....in the plaint contending further that never there had been any valid marriage between the parties; alleged marriage had never been solemnised by anybody in presence of witnesses as required under the provision of Mohammedan Law and no written kabinnama had been executed or registered and argued that......ution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum of Taka 5,000.00 to the plaintiff as ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......3. The defendant opposite parties contested the suit by filing written statement denying the material allegations of the plaint, contending, inter alia, that the suit as framed is not maintainable in law and it is barred by limitation. It was further alleged that the plaintiffs filed the suit with f..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.... made in the plaint. The defendants' case as it appears from the counter affidavits is that the suit land was the excess khash land of the Shariatulla Waqf Estate which on being surrendered under the provisions of the State Acquisition and Tenancy Act vested in the Government and the record of right......t vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28.7.92 on which date both the pa..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....n filed a revisional application before the Central Government and by order dated 11.10.56 the said revisional application was also rejected. Section 9 of the Land Customs Act, 1924 provides that the provisions of Sea Customs Act, 1878 for the purpose of levy of duties of Land Customs and trial of o......m his godown at Kushtia Bazar as per detention memo Ext.1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient proof as to their lawful possession by the plaintiff was placed but they totally ignored them; that out of the 12 item..Category: Fiscal/Taxation Law | Date: | Hits: 125
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