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Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court committed an error of law by holding that the petitioner's lease was determined efflux of time and as such the SCC Judge committe..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......him, he might then consider it as an absolute denial of his title giving him the final cause of action for a suit. If the matter is looked at from this point of view, there should be no difficulty in holding that the date, when the cause of action arose, coincides with the point of time when the dep..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....used due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undisputed possession of the site of construction. The compensation claimed in Bill No. 1 was estimat......(1981) 2, All England Reports 672. 9. Lord Denning, MR, who is well known for his progressive ideas, which sometimes appear to be on the verge of revolutionary changes in law, was all along holding the view that an Arbitrator got full discretion to award interest on the sum found by him a..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ....... 1, M/s Commercial Trust of Bangladesh, a Private Limited Company, filed that writ petition calling in question, the memo dated June 4, 1985 of the Ministry of Land Administration and Land Reforms upholding the order of derequisition of 1.182 acres of land which was earlier resumed by its order dat..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....ted the case by filing a written statement. It was asserted, inter alia, that in the inquiry it was proved that the respondent was guilty of gross negligence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he ......the Tribunal will not have power to deal with it in a lesser way. Considering the background of establishing the Tribunals and particularly the terms of Section 4 of the Act, we find no difficulty in holding that a Tribunal is competent to vary or modify an order including an order of punishment/sen..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....away by a special provision of the same statute; to do so would be to nullify or stultify the intention of the legislature". Some of these observations are mere quotations from undisputed decisions of superior courts at home and abroad and these have been inserted in the impugn......ent cases including two latest cases, both reported in 45 DLR (AD) pages 9 and 175 respectively) this question came up for consideration before, and was decided, by this Court (Appellate Division) holding that the power of the High Court Division under section 561A is its inherent power and that..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......nd Land Reforms who was pleased to direct the Land Reforms Commissioner to enquire into the matter. After an open and on the spot enquiry into the matter the Commissioner submitted his report clearly holding that the case land was not essential for the alleged purpose of acquisition and that there w..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ion for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial C......under section 73 of the Contract Act does not at all rise as this section only speaks of compensation and not of interest. At Common Law interest was not recoverable by way of damages of wrongful withholding of money. Here I may refer to section 61 (2) of the Sale of Goods Act which reads as follows..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....ould be read in the statutory provision as exception clause to the sub‑section. 3. Mr. Golam Rabbani, the learned Advocate appearing for the appellants, submitted that in view of the undisputed position that the war of liberation intervened and the appellants had to leave the premis......lows: "In the written statement he does not say anything about the damage to the house, the repairs or other things. In that view of the matter the learned SCC Judge was wrong in holding that the defendant effected the repairs of the suit premises at his own cost." ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... of release, as it was not provided under any law. 9. The High Court Division observed in the impugned judgment that while considering the legality of the impugned order "we shall not go into the disputed questions of fact which might have led the petitioner (respondent herein) to make the appli......pondent because admittedly he had not completed 25 years of service then which was a condition precedent for a public servant to exercise the option to retire under the said law. 11. Finally upon holding that the impugned order of release was misconceived, illegal and without 'lawful authority, ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......nd not under paragraph 2 of the Order of 1981 and then again not mentioning any where that his service was terminated in the public interest. 6. As per rule. 12 of the Navy Rules any naval officer holding the rank of Rear Admiral retires at the age of 57 years or when he completes thirty years of..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... this prohibition was that the high position and dignity of a Judge of the Supreme Court should be preserved and respected even after his retirement and, further that if any provision was made for holding of office, after retirement, then a Judge, while in the service of the Supreme Court might ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....anised on junior and senior scale arrangements as referred to in Rule 3(a); but there is no evidence to show that their service was not earlier organised on this basis. It is their case, which is not disputed, that some of them were promoted to the post of Executive Engineer on the scales of Taka 85......ssued by the Establishment Division in their Memorandum dated 31.12.70. They provide that seniority of officers will count from the date of their regular appointment and that a person, who is already holding the post "on ad hoc basis", will count his seniority from the date of recommendation by the ..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......n that construction of section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in law in holding that the accused‑ respondents were not guilty under section 467 of the Penal Code. Mr..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....sent case. This practice is surely not a sound one and must be discouraged except in marginal cases. When the delay is long and requires to be explained with reference to facts which are likely to be disputed, the court must make the exercise under section 5 of the Limitation Act before admitting th......of delay, the order admitting the appeal was illegal and without jurisdiction. The appellants opposed the application. The learned District Judge by his order dated 14.7.92 rejected the application holding, inter alia, that "the appellants in their Memo of Appeal have taken the ground that there w..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ty which is inexecutable. 4. The High Court Division being moved against the said judgment, discharged the Rule Nisi upon agreeing with respondent No. 1 in its material findings and further holding that the suit of the petitioner was barred by limitation under Article 113 of the Limitatio..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ppeals which arose from the same judgment and order of the Administrative Appellate Tribunal. One question is whether the Administrative Appellate Tribunal is well‑founded in law and fact in holding that the impugned termination is a 'punishment in disguise'. The said Tribunal took the vie..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....uot; within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5...... 6. The High Court Division, though did not accept the contention of the respondent Nos. 1 and 5 that the appellant has no locus standi to file the present writ petition, discharged the Rule holding that the provisions of sections 73, 74 and 75 of Act, 1953 and the provision of sections 1..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been proved. So, the High Court Division was correct in holding that the plaintiff did not acquire title in the suit land by adverse possession…&hel..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... 4. The trial Court by its judgment dated 29-11-1998 allowed the application for pre-emption. On appeal the appellate Court by its judgment and order dated 31-10-2000 allowed the appeal holding that the application was barred by limitation. 5. Being aggrieved, the preemptor r..Category: Property Law | Date: | Hits: 68
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