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Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....r to be compensated, with Tk. 5000.00 for his loss and sufferings from the attached property.” The moot question, therefore, before me is whether the learned Munsif can pass such order under the provision of Order 21, rule 32 of the Code of Civil Procedure. 5. Rule 31 contains five sub‑rul......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)
....ying from his 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 ab...... 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)
....faq Ahmed Khan and others VS Custodian of Evacuee Property Pakistan, PLD 1966 (Kar) 597 relied……………………(13) Order XXIII rule 1(3) is a provision barring a plaintiff from instituting further suit and its provisions can not be given a re......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)
....the Deputy Commissioner of Taxes under section 10(2)(X).” 4. Mr. Moksudor Rahman, the learned Advocate for the applicant, has taken us through the facts of the cases. He submits that There is no provision for allowing bonus under section 10(2)(XVI) as given by the Income Tax Appellate Tribunal ......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
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
.... petitioner is always at liberty to pay before the Tribunal of the bar Council to vary rescind the order of suspension by showing cause to their satisfaction. As the said rule 51 itself has made such provision, no legality has been committed by the Bar Council by passing the impugned order under rul......sh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have been passed illegally and without any lawful authority. The impugned order dated 13.3.91 (Annexure 1‑3) reads as follows: “13.3.91:..Category: Employment/Service Law | Date: | Hits: 94
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)
..... When the petitioner did not receive the mark sheet from the college authority, he came to Dhaka and approached the concerned section of the University Authority for receiving the mark sheet and the provisional certificate of BA (Pass) examination; but he did not receive the same. After four months......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)
....transfer Look place. Admittedly pre‑emptor petitioner is a co‑sharer of the case holding by inheritance. But no notice of the disputed transfer was served on him and as such he is entitled as per provision of section 96 of SAT Act to file pre‑emption came within 4 months from the date of knowl......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
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....the Revisional application and stating further that amendment to the plaint can be brought at any stage of the suit and that the learned Subordinate Judge allowed the amendment in conformity with the provision of Order 6 rule 17 of the Code of Civil Procedure. 8. Mr. Nurul Islam Chowdhury, learne...... 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
....cquisition and Tenancy Act having no retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sal......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
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....CR 520 (AD) a sum of Taka 1,000.00 was paid by the tenant to the landlord by way of security deposit 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......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)
....romotion to the post of Joint Secretary from amongst the District Judges should 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......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
.... preemptive step by the plaintiff himself for asking for a status quo order. This prayer for status quo order was rejected by the court below and the High Court also took the view that in view of the provision of M.L.O. No.14 such order could not be passed.
3. It is unfortunate that the correct p......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)
....der the agreement. Therefore, this dispute should be referred to the Arbitrator as envisaged in clause 21 of the agreement between the parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can be invoked in the instant case.” In decreei......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)
....he 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 also contended that the bona fide annual value determined by the In......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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