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Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....the writ petition and stating, inter alia, that to implement the order of the Administrative Appellate Tribunal the petitioner was required to get redress before the Administrative Tribunal under the provisions of Rule 7 of the Administrative Tribunal Rules, 1982, that as the petitioner was in the s...... advocate appearing for the petitioner, has submitted that the impugned order contained in the memo, Dated 19.5.87 under the signature of respondent No, 1 is in violation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention of Article 3..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....n the plaintiff and such notice was never tendered to the plaintiff. From the fact that the defendant has not made any re‑entry in the demised property it is argued that for non‑compliance of the provision of the terms as embodied in clause 27 of the deed and also the provision of 111(g) and 114...... property from the defendant No. 1 by executing a standard lease deed on 21st March, 1968 which was later on registered on 19.4.68. The plaintiff was required to abide by the rules, regulations, by‑laws and the terms and conditions of the said deed. The plaintiff having failed to comply with the t..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... Police Station Sutrapur, Dhaka, having been enlisted in the 'Ka' list of Abandoned Buildings published in Bangladesh Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) under the provisions of Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1......session of the premises partly as their residence and on monthly basis rented as shops and posÂsessed through their tenants, listing of the property in the 'Ka' list of abandoned property is without lawful authority and as such, the rule nisi issued by the High Court Division should have been made ..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......icial mind made the rule absolute in failing to consider that the writ petition itself is not maintainable. The learned Deputy Attorney General further contended that the High Court Division erred in law in holding that the Directorate of Education or the Deputy Commissioner or the Upazilla Nirbahi ..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......the rules. In Writ Petition No.7610 of 2008, the High Court Division repelled the contention raised by the learned Advocate for the petitioners that the learned Chief Metropolitan Magistrate erred in law in not examining the complainant under section 200 before sending the complaint to the police fo..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....us Petition No.1017 of 2007 in this Division. It is alleged that the writ petitioner No.1 Tea Hung Packaging (BD) limited, is a private Company limited by shares, incorporated in Bangladesh under the provisions of the companies Act 1994. The Company was set up on 1st October, 1996 pursuant to a join......rs only required to perform quasi judicial function but it has exceeded the jurisdiction in entertaining the application. 6. It is contended by the petitioner that the High Court Division erred in law in failing to consider that her removal from the office of the Managing Director was nulliÂty, ..Category: Company Law | Date: | Hits: 175
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: Â ......e delay though the same has been properly and adequately explained and also the submission that the High Court Division misread the application for condonation of delay and thereby committed error of law in rejecting the petition and consequently rejecting the Memo of Appeal. 4. We have heard Mr..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....of the land sold within 12 months after issuance of the notice under section 3 of the Ordinance No.2 of 1992, that although amount of compensation for acquired land was assessed at Tk. 82,07,471.81/- provisionally and at the time of handing over the possession of the land acquired it was found that ......o the writ petitioners and others, that the land has been acquired for establishing sub-Station by DESA, that the writ respondent No.3, i.e., Deputy Commissioner, Dhaka after observing formalities of law assessed value of the land Tk. 82,07, 471.81/- on 27th August, 2000 and requested the requiring ..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184....... prayer for condonation of delay in filing the appeal the learned Advocate submits that the accused petitioner being a female and aged person was enlarged on bail and allowed to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the ..Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
.... him as undelivered and further that his prayer for deposit is made within a fortnight of the receipt of the undelivered rent sent through the postal authorities. 7. The underlying object of this provision is to enable the tenants to fall back on the evidence of tender as keep by the Rent Contro......ty. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to make a brief stat..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....ort of his statement. With such a record of the statement before him, it will then be for the trial Judge to decide how much of it is admissible under the section". Now the question is whether the provisions laid down in section 27 of the Evidence Act postulates or makes it imperative for the pol......harge under sections 302/34 of the Penal Code against the appellant by adducing evidence and also whether the judgment and order of conviction and sentence passed by the trial Court is sustainable in law. 8. The death of Tutul is not disputed. The prosecution has also proved by evidence that the ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ...... and convicted each of them thereunder and sentenced to the term as referred above. 8. The learned Advocate appearing for the appellants submits that the order of conviction and sentence is bad in law as well as in fact inasmuch as the order of conviction is based on surmises and conjecture and n..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....rvice of the Government as if he never ceased to be in the service of BTTB. Sub-section (5) of Section 5A provides amongst others that the Government may, by notification in the gazette, make further provisions regarding absorption, posting on deputation, lien, retention in the service of the Republ......ioners in respondent No. 6 including Clauses 3, 4, 5, 6, 7 and 11 of the Deed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......tions 326A, 109 of the Penal Code was framed against the accused in presence of accused Nittya Nanda Majumder and in absence of accused Swapan and Sudangshu. However the Court appointed State defence lawyer to defend the absconding accused. 4. In course of trial the prosecution, in all examined f..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......such the appeal is liable to be dismissed. 7. The real question that calls for determination in this appeal is whether the impugned judgment and order of conviction and sentence is sustainable in law. 8. Perused the impugned judgment and order of conviction and sentence and the materials on r..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....to thus enable the court to come to a correct decision as to the claim of the defendant petitioners for the suit‑property by purchase by the registered deeds in question, particularly when there is provision under section 45 of the Evidence Act for examination of LTI by experts. In support of his ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......ere called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circum..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....e learned Advocate in support of this Rule. Admittedly it is the case of the plaintiff‑petitioner that service of summons in the instant suit was effected upon defendant No.1 in accordance with the provisions of rule 17 of Order 5 of the Code of Civil Procedure which are as follows: "17. Proced...... plaintiff‑petitioner, seriously assailed the judgment and order of the learned Munsif, now Assistant Judge, mainly on the ground of the learned Munsif came to a wrong finding upon misconception of law and facts to the effect that the summons was suppressed and not duly served upon the defendantâ€..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ndents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the i..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
.... the Code of Civil Procedure. But these rules, to a certain extent, have been amended by Ordinance XLVIII of 1983. Now for better appreciation of the submissions of the learned Advocates the relevant provisions of rules 14 and 18 may be quoted below and considered together- Rule 14. (1) Where a p......on and obtained the prevent rule. 3. Mr. ABM Nurul Islam, the learned Advocate appearing for the defendant‑petitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted i..Category: Procedural Law | Date: | Hits: 76
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