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Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....ection 96 of the State Acquisition and Tenancy Act are not applicable ‘to a transfer to a co-sharer’ whose interest in the tenancy has accrued by inheritance or otherwise than by purchase. This provision is clearly stated in clause (a) of sub-section (10) of section 96. This sub-section is quo......on this finding, set aside the order of the learned Munsif and allowed pre-emption observing that when both the pre-emptor and pre-emptees are co-sharers by purchase preemption is not barred by any law. The pre-emptees challenged this order of the learned Subordinate Judge by a revisional applicat..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
.... date of final objection against the report of the pleader commissioner and that the report is perverse and is liable to be set aside. The plaintiffs resisted the application stating that there is no provision in the Code of Civil Procedure for review of the final decree. 2. The learned Munsif af...... the learned Munsif No.29 dated 27.5.1975 fixed the date on 6.6.1975 for final objection to the commissioner's report "it does not appear from the original order-sheet that his order was shown to the lawyers of the parties,” and observed: "In such circumstances the Court’s order dated 6.6.197..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....trol of all the Armed Forces of Bangladesh. In exercise of all powers enabling me in this behalf, I, Lieutenant General Hussain Muhammad Ershad do hereby further declare that:- 2. The operative provisions of the Proclamation which are relevant to the determination of the question before this C......ition of collapse, the civil administration has become unable to effectively function, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquill..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....e following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the facts and in the circumstances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and in reopening the assessment already completed". ......In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the facts and in the circumstances of the case the Tribunal is justified in law to hold that provision of section 30(1) of the Act applied and in reopening the assessment alrea..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......that the petitioner can pursue his remedy under Order 9, rule 13 of the Code of Civil Procedure. It is not the question of “indulging any luxury” but it is the remedy that has been provided by law. It is not the question whether the scope in Order 9, rule 13 of the Code of Civil Procedure is..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ace rent outside port protected area for cargo at Taka 20 per square metre and that has been clarified by note 1 to the effect that open space will be charged rent at half rate to avoid ambiguity and provision of notes have also been maintained in the schedule of charges in other Tariff Items; That ...... the petitioner at the rate of Taka 20, after approach by the petitioner vide letter dated 14-9-2004 and respondent No.2 under memo dated 1-12-2004 the respondent No.1 took opinion of the Ministry of law, Justice and Parliamentary Affairs. The respondent No.3 quoting the said approach of the petitio..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....aulter for the delay of the said four days. 12. The legal position in this respect has been contained in sub-section (5) of section 18 of the Premises Rent Control Ordinance, 1963. 13. The said provision reads as follows: Section 18........................... "(5) No tenant shall be enti......order admittedly on 12-8-1982, as such, there was a delay of 5 (five) days in remitting the monthly rental for the month of July. 17. In that respect, the High Court Division committed an error of law apparent on the face of the record since it ignored the delay of the aforesaid 5(five) days in r..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....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. ......d authenticated amongst others by Pakistan Consul or Vice-Consul was so executed and authenticated. 5. So far as the scope of this section 85 of the Evidence Act is concerned, it is plain that the law asks the court presume due execution and authentication of a power of attorney, if it is so done..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....ub-section (2) of 47A, the decision of the Controller of Insurance is final and shall not be called in question in any court and shall be deemed to be a decree of a Court. There is of course no other provisions in the Act providing any forum for settlement of any claim in respect of a life insurance......6 of the Act, empowers a holder of policy 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 connection with any such policy shall be determined according to the law in force in ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....use as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why ......ons of the Articles of Association, in particular Articles 26 and 27, of the Chamber and why the said impugned resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....ed that counting of outside votes in Dhaka after bringing them there has been a long standing practice. The election held in June 1999 as notified on 21-3-99 was for the academic year 1998 as per the provisions of section 46(1) of the statute. The notice issued mentioning 1997-1998 was for enrollmen......otification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioners, as..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....efendant for one year from 15-01-92 to 15-01-93 and the policy adduced by the plaintiff as exhibit 1 was issued by the defendant. 43. In the facts and circumstances of the cases and in view of the provisions of section 46 of the Act, and on the evidences as stated above, it is difficult for us to......ontested by the defendant No.1 alone by filing a written statement denying the case of the plaint. They contended that the claim of the plaintiff was false, barred both under limitation and insurance law. In the report, the surveyors mentioned that due to the leakage of the electric wire lying on th..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. ...... to February, 1979 and the cause of action arose from February, 1979 and the suit having been filed on 21-1-1982, the suit is very much within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong decision. The lea..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: ......’s Tanker T-1049 due to the negligence and dereliction of duties of the crew members of the defendant’s vessel MT ESSENCE. The defendant’s vessel also violated the Navigation Rules and Maritime laws. There was no negligence and dereliction of the duties on the part of the crew members of the p..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....e count of imposition of development surcharge on the consignment. 32. But the learned Senior Advocate Mr. Fida M. Kamal as against such arguments relied on two points. Firstly he argued that the provisional Collection of Taxes Act, 1933 provides for immediate collection of any duty proposed to ......e binding date as alleged by the plaintiff as has been provided in the charter party and accordingly the allegations against the defendants for late arrival of the vessel is not tenable in the eye of law and facts. The owner of the vessel never undertook to discharge the cargo with the consignee wit..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with ..Category: Criminal Law | Date: | Hits: 57
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....gned order then he preferred the instant appeal. 4. The learned advocate appearing for the appellant on drawing our attention to the FIR submits that since the FIR was lodged without complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned cri......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......as there is no ingredients of any offence under section 9 (Ka) of the Nari-O-Shishu Nirjatan Daman Ain,1995 and the impugned judgment was passed without jurisdiction and thus it is not sustainable in law. 11. The learned Assistant Attorney General appearing for the opposite party opposed the appe..Category: Criminal Law | Date: | Hits: 60
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....ocate, perused the Admiralty Law and other Rules as prevailed previously. 5. Upon examination of the Admiralty Rules, 1912 and the relevant laws of 1861 and 1890 this Court fails to find any such provision that the certified copy of the order passed by the Admiralty Court cannot be issued prior ......fore the order is being executed by the Marshal of this Court. 3. The learned Senior Advocate Dr. M. Zahir argues that no such practice is prevailing in this jurisdiction so far his profession of law of 60 years is concerned and a practice which even prevails against the interest of the litigant..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....milarly, in view of the evidence of this witness as to motive of the condemned prisoner, his previous attempt to assault the victim about a week before the occurrence, comes within the purview of the provision of section 8 of the Evidence Act and the said conduct, according to us, is relevant for de......estion put by the court she stated that at the time of deposing she had been residing in her father’s house and that accused was cultivator and her husband passed Intermediate in Arts and father-in-law and mother-in-law were alive who used to take meal jointly and that they had about 40/45 bighas ..Category: Criminal Law | Date: | Hits: 62
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