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Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
.... and that he was in this country and he was residing at the relevant time in Qatar. Thus it is evident from the finding of the trial Court that evidence adduced by the opposite party pre‑emptee was totally insufficient to fix the preemptor petitioner with the knowledge of transfer. The 1st appella......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. ......e‑emption case was allowed by the learned Subordinate Judge. 9. Being aggrieved by the Judgment and order passed by the learned Subordinate Judge opposite party pre‑emptee moved the revisional jurisdiction of this Court and obtained the present Rule. 10. The teamed Advocate appearing for t..Category: Property Law | Date: | Hits: 72
....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.
......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.
......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.
..
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. ......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. ......g. Hence the suit. 3. Defendants 1-4 (herein petitioners) contested the suit by filing a joint written statement stating, amongst others, that the suit was not maintainable for want of territorial jurisdiction, that the claim of the plaintiff was false, baseless and concocted, that the goods were..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. ......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. ...... and even assuming that there is an agreement, seven years period having been elapsed long before the promulgation of President's Order No.88 of 1972 the transaction is past and closed and beyond the jurisdiction of any Revenue Officer authorised for that purpose. The matter was heard by the Upazila..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......and there was no stipulation for adjustment of the same against the due rents. So, considering the provisions of section 14 of the Premises Rent Control Ordinance it was held in that case that in the absence of any order for adjustment under the aforesaid section 14 the same could not be adjusted in......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
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. ...... opportunity is not afforded unless the workman says how much he wants. The reasoning does not satisfy me. It is a strong thing to read into an Act of Parliament words which are not there, and in the absence of clear necessity it is a wrong thing to do. Here I see no necessity at all for introducing...... 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. ..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.
......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.
......was granted on 15th June, 1966 was still continuing. The reasons for moving the High Court Division for a status quo order can only be understood in the light of M.L.O. No.14 of 1980 which barred the jurisdiction of the Court for granting restrictive order under certain circumstances. It seems it wa..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique TexÂtiles 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. ......t in view of the express terms of clause 21 of the agreement as amended up to date the respondents should have referred the matter of dispute, if any, to the sole arbitrator mentioned therein. In the absence of compliance with the terms of clause 21 of the AgreeÂment there was no sufficient cause f......ct-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....f the property at Tk.1,80,000/-, disregarding the evidence adduced by the assessee-appellant which was relied upon by the Income Tax Officer. 12. Section 3 of the Income Tax Act provides that the total income of the assessee is liable to be taxed. Section 2(15) of the Act defines ‘total amount......y her letters dated 19-7-76 and 31-7-76 contending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fresh material, there was no scope to attract the provision of section 34A. It was al......al order of the Income Tax Officer dated 27-1-75, was erroneous insofar as it was prejudicial to the interests of revenue and that the Inspecting Joint CommissioÂner of Taxes was correct in assuming jurisdiction under section 34A of the Act. (ii) Whether on the facts and in the circumstances of ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....been exercising under the aforeÂsaid Article 102, we, may now proceed to consider the extent of the inability or incapacity of this Court to exercise this jurisdiction and whether such incapacity is total or partial. Since the first item in today’s list, namely, Civil Appeal No. 90 of 1981, has b......on are held to have abated. To hold otherwise would amount to reverÂsing the existing process. It might be argued that the mere granting of leave to appeal by the Appellate Division does not, in the absence of a stay order, take away the effectiveness of the judgments pronounced by the High Court D......gh Court Division passed in such petitions stand abated. 4. Here, it may be mentioned that under Article 102, the High Court Division of the Supreme Court of Bangladesh was empoÂwered to exercise jurisdiction relating to matÂters as referred to therein. Its precise terms were as follows:- â€..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....arded relying the evidence of P.W.3 and 4 only, who’s evidence were not at all corroborated by the local witnesses. We are also not hesitant to say that it is a case of no evidence. The prosecution totally failed to prove the case beyond reasonable doubt against the appellants particularly in resp......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....eÂdule 'A' & 'B' comes to 3/5th share while his share in Schedule 'C' and 'D' stands at 1/5th share and in Schedule ‘DI’ at 1/10th share by inheritance and 1/6th by purchase from co-sharers totalling 4/15th shares therein. It is denied that the respondents No. 1 and 2 demanded partition ......ger than that of appeal because the remedies are distinct as has been rightly contended by Mr. Pal, the learned Counsel. In one case evidence is to be led on the point of non-service of summons or absence due to sufficient reasons, whereas in the appeal the decree can only be challenged on the g......al. On the other hand, if the appeal is dismissed during the pendency of the application and the decree of the trial court is merged in the decree of the Appellate Court, the trial Court loses its jurisdiction to hear the application under Order 9, rule 13 of the Code of Civil Procedure (51 Calc..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....nancy by giving a notice to quit on the tenant in the manner prescribed under section 106 of the Act. This right has been substantially curÂtained by the Ordinance. The Ordinance, howÂever, has not totally done away with the operaÂtion of the provisions of Transfer of Property Act but has made se......ect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the conÂtract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent i......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....t. Apart from other reasons, we are in full agreement with learned single judge of the High Court that the onus was on the defendants to prove the forgery or the fraudulent alteration which they have totally failed to do. The Courts below misconceived the question of onus, and so the High Court was ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......of the first appellant’s Court was that Hamangini being a party to the suit was associated with the solenama, whereas the trial Court proceeded on the basis of the valuation of the property and the jurisdiction of the Court, which was not a correct way of approach to test the genuineness of the so..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......her insurance policies, the insurer is not entitled to avoid the claim. It also appears to be against the public policy that an insurance company should be disputing the claim in a civil Court in the absence of any such right to sue in the law. 9. On reading sections 45 to 47L of the Act, we do n......rder. 4. Mr. AY Ahmed Ali, learned Advocate appearing for the appellant, submits that the impugned order as passed by the respondent No.3 cannot be deemed to be a decree under the Act and that the jurisdiction of the civil Court is not ousted either clearly or by necessary implication. Referring ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......hat he would resign on 5-3-2000, though later he declined to do so. On the basis of the said understanding an Emergent Board Meeting was called on 5-3-2000 but it was adjourned to 6-3-2000 due to the absence of the petitioner. When the petitioner did not attend the said meeting, it was decided that ......tions set aside by the DTO by using its statutory authority. The cancellation of the impugned resolutions and circular was most compelling which could only have been accomplished by invoking the writ jurisdiction seeking direction upon the DTO to cancel the impugned resolutions and circular and not ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....in Dhaka on 15th and 16th June, 1999, Annexure-A. According to the petitioners, the number of votes cast outside Dhaka were 6771 and in Dhaka at Teachers Students Centre, 8149 and Gymnasium, 5916. In total 20,836 votes were cast. 5. The respondent No.1 caused instructions to be issued as containe......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......any officer or authority of the University’ to the Vice Chancellor. But this election petition is purely on law points therefore, the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for interpretation of law. 19. The petitioners deny any knowledge of a meeting with ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... assessed by the Surveyors in respect of transformer and other machinery were not covered by the policy, the claim in respect of such machinery is not sustainable in law. In FA No.354 of 1995, the absence of fixed electric wiring in the godown and in FA No.355 of 1995, keeping the cotton in sacks......contained in the policy or in any agreement relating thereto, to receive payment in, Bangladesh of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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