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Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......n. 8. If the impugned order is intended to be a suspension of the mutwalli and a temporary appointment of a committee to look after the management of the Waqf estate, then the order is without any lawful authority and is of no legal effect, as there is no such provision in the Waqf Ordinance, 196..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......piquant one and calls for elaborate discussion. 10. It is necessary at the outset to state briefly the object and scope of the Code of Civil Procedure. The object of the Code is to consolidate the law relating to Civil Procedure; but it is well‑settled that the Code is not and cannot be exhaust..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ...... own source and that he did not specify the accused person who first pointed out the place wherefrom the dead body was recovered. 12. This deposition is required to be tested with the provision of law as provided under section 27 of the Evidence Act. Section 25 of the Evidence Act absolutely excl..Category: Criminal Law | Date: | Hits: 62
Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)
.... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......ion was disallowed by the learned Subordinate Judge, Jessore after considering the matter at length. From the order itself it appears that on 4/5 days the P.W.1 was examined and cross-examine but the lawyer of the present defendant-petitioners did not cross‑examine the P.W.1 and for cross-examinin..Category: Procedural Law | Date: | Hits: 77
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......ill be governed by section 10 of the code of civil procedure. The language of section 10 is a clear indication that successive suits on this same cause of action is different forums is permissible in law………………… (9) Unless a suit is filed under th..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......of service of workers on the basis of certain recommendations of the Commission.‑ (1) Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, bye‑law, agreement, award settlement, custom, usage or terms and cond..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... negligence and as such prayer for condonation should not be considered. 9. I have been taken through the judgment pronounced by their Lordships as well as other materials on record. It is settled law that burden rest on the party who seeks indulgence of the Court in his favour to adduce distinct..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......at the finding of the lower appellate Court that the plaintiff is not entitled to get a relief for permanent injunction on the basis of their lease‑hold right in the suit property is sustainable in law. The plaintiffs being mere lessees under the Government in respect of the enemy property from ye..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......oved this Court in its revisional jurisdiction and obtained the present Rule. 3. Miss Nowazish Ara Begum, learned Advocate for the petitioner, submits that the learned Munsif committed an error of law resulting, in error in the decision occasioning failure of justice, by rejecting the application..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner has been deprived o conducting his lawful business which is a clear violation of Article 40 of the Constitution. The respondent Board a..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......the examination concerned as communicated by respondent No. 3 the Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the pet..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......contested the case by filing written objection. When the case came up for hearing the petitioner prayed for time and such prayer for time was allowed with a cost of Taka 200.00. The petitioner or his lawyer did not know about the cost and as such the cost of Taka 200.00 could not be deposited. When ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ty No.1 is a co‑sharer by inheritance, whereas the transferee opposite party is a stranger purchaser. No notice of the transfer was ever served on pre‑emptee petitioner. There is no impediment of law if any petitioner is allowed to pre‑empt the land as the quantum of land under his possession ..Category: Property Law | Date: | Hits: 72
....e and the court below was not justified in allowing the prayer for temporary injunction. The mistake pointed out by the learned Advocate for the appellant can be corrected at any stage of the suit by amending the cause title of the plaint. So it will not be proper to make any finding on the said que......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
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Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... the learned Advocate for the petitioners is of substance. In this view of the matter I am of the opinion that the order of the learned Subordinate Judge, allowing the amendment is not sustainable in law and the same is liable to be set aside as in allowing the prayer for amendment he has committed ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......dent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......have been made in consultation with the Supreme Court, the respondents completely ignored this mandatory constitutional provision and thereby acted ultra vires the Constitution and absolutely without lawful authority. It is also asserted that by acting in contravention of a mandatory provision of th..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......tificate can be judged by the provision of sub-section (4B) which is quoted below:
"(4B) Notwithstanding anything contained in sub-section (4) and (4A) or in sections 39, 43 and 44 or in any other law for the time-being in force, the land held under a certificate granted under sub-section (4) or ..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......esaid First Miscellaneous Appeal in the High Court Division which upheld the decision of the trial court. It was ordered that the suit filed by the plaintiff-respondent may proceed in accordance with law and be disposed of expeditiously. 4. In moving this Court against the order of the High Court..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......lant preferred a Reference application under section 66(1) of the Income Tax Act, 1922, before the High Court Division, being Reference Application No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circumstances of ..Category: Fiscal/Taxation Law | Date: | Hits: 88
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