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Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....he case was dismissed for default on 20-4-92. The petitioner filed an application for restoration of the case before the Court of settlement but it was rejected by order dated 30-12-92 as there is no provision for restoration of the said case. 2. Md. Azizul Hoque the learned Counsel appearing for......pondent No.1 to show cause as to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after libera..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
.... the Power of Attorney. The learned Court rejected the said application by the impugned order dated March 3, 1998. The reason which found favour with the Court in rejecting the application is that no provision is provided in the Family Court Ordinance to permit a person other than a lady to conduct ......olly misconceived and quite untenable. The learned Family Court, therefore, rejected the application presented by the Attorney taking the correct view and the order under challenge is well founded on law and the same does not warrant any interference in the exercise of Revisional authority under sec..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....et if a direction was given by the Tribunal to Commissioner of Taxes (Appeal) to hear the appeal after giving an opportunity to the assessee to explain the delay. It appears to us that in view of the provisions of sub-section (3) of section 154 of the Ordinance the assessee applicant ought to have b......lam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes Appellate Tribunal, Division Bench-I, Dhaka was justified in law in upholding the dismissal of Appeal as barred by limitation at the back of the assessee without..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....hazira, and the appellant was absent with steps and the appeal was dismissed for default. Subsequently, the appellant opposite parties filed an application for restoration of the appeal under a wrong provision of law. 5. It is found from the record that the learned Subordinate Judge re-admitted t......-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge evidently erred in law in re-admitting the appeal without serving any copy of the application upon the petitioner’s A..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ssing officer to complete the assessment of the assessee applicant under section 23(4) of the Act inasmuch as a proceeding was initiated by the DCT for the same and the DCT without complying with the provisions of the Act cannot give a go by to the proceedings initiated by him under section 22 of th......stored the order of assessment dated 30-6-85 of the ACT. Being aggrieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circumstances of t..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......al before the Appellate Division and that was also summarily rejected by the Appellate Division and in that view of the matter the Writ Petition No.464 of 1994 is misconceived and not maintainable in law. In reply to this the learned Assistant Attorney-General submitted that the aforesaid Writ Petit..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......er submits that the principle of section 11 of the Code of Civil Procedure will not apply in this case inasmuch as the earlier case was under Artha Rin Adalat Act and subsequent case is under general law. Secondly the earlier suit was decided by a Subordinate Judge in special Jurisdiction whereas th..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... the BSRS by its office order dated 19.9.82 made it clear that the plaintiff was entitled to get the benefit of paying interest at 1% less. 16. Both the learned Advocates referred to the relevant provisions of loan agreement and NIP and the office order dated 19.9.82. 17. Let us first consid......overnment and illegally importing a third case of mistake under section 72 of the Contract Act without any pleading or evidence on record." "Because the High Court Division committed an error of law in construing para 5 (a) of the loan agreement in holding that the Government had already inst..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ence is possible other than "the Court or the tribunal" where the trial is supposed to take place. How then the same expression can disclose a different meaning in the same legislation in a different provision namely "19Gha" thereof. It was submitted that the expression "the Court" in the concerned ......t of persons arrested on suspicion under rule 16(2) of the Emergency Power Rules, who are not yet accused within the meaning of rule 19(gha)……..(55) Presumption of constitutionality Every law has a presumption of its constitutionality. The Supreme Court cannot decide constitutionality of..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......ervice of the Republic in respect of the terms and conditions of his service including rights or in respect of any action taken in relation to him as a person in the service of the Republic. This law came into force on 1.2.82 and Administrative Tribunal was set up. Thus in view of Bangladesh Rai..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......hin 60 days from the date of arrival of the records by the trial Court. 11. Mr. Mir Mokhlesur Rahman, learned Advocate appearing for the petitioner, submits that the Court of appeal below erred in law in decreeing specific performance of an agreement, exhibit No.3 to which the plaintiff is not a ..Category: Property Law | Date: | Hits: 91
....aken by them in the previous proceedings and which was decided against them conclusively and finally.
7. Mr. Md. Mansur Habib, learned Advocate appearing for the opposite party, first read out the provisions of Order 21 rule 29 of the Code of Civil Procedure and submits that in view of such provi...... stay of further proceeding of the execution case No.10 of 1986 pending before the Senior Assistant Judge, 1st Court at Bogra. In the circumstances, the learned Subordinate committed serious error of law in not vacating such an order of stay when it was so prayed for by the petitioners in their appl..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....cted the said Miscellaneous Case holding that the case is not maintainable under section 17(1) of the SCC as the order dated 4-8-90 passed in Miscellaneous Case No. 136 of 1987 being not a decree the provision of section 17(1) of the SC Act is not applicable and the learned trial Court further held ......arned Advocate appearing for the defendant-petitioner, has taken me through the revisional application, annexures and the impugned order and submitted that the learned SCC Court committed an error of law in rejecting the Miscellaneous Case No. 493 of 1990 holding that section 17 of the SCC Act is no..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....on submits that subsequent to the filing of the bid, clarification may be provided and the respondent No.8 merely provided such clarification. 12. On perusal of the tender terms we do not fund any provision permitting any bidder to make any correction, rectification or amendment of his bid subseq......43. In view of the discussion made above the Rule is made absolute. The Memo No. CPA/PMU (EQPT)/p-120 (Part-1/372 dated 1-1-2001 (Annexure-D to the petition) is declared to have been made without any lawful authority and the result of the price bid opened on 11-9-2000 be declared accepting the decis..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......We strongly disapprove the action of the learned Subordinate Judge to be too complacent in granting adjournment to a party who does not deserve it. It must be noted in this connection that a court of law while administering justice must conform to the rules of law and procedures and it cannot violat..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....by the judgment and order dated 24-8-2000 reduced his sentence from 7 years to 5 years and imposed a fine of Taka 5,48,70,800; in default to suffer 2 years more. The petitioner thereafter preferred a provisional criminal petition for leave to appeal before the Appellate Division against the aforesai......er of the Parliament as well as the Election Commission, to show cause why the impugned Notification dated 30-8-2000 issued by the respondent No.1 should not be declared to have been made without any lawful authority and of no legal effect. 6. Only respondent No.1 has entered appearance and conte..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....f the holding as stated in the notice under section 89 or in the deed of transfer, as the case may be together with compensation at the rate of ten per centum of such amount.” 7. Under the above provision, the Court is empowered to dismiss the application only when the amount of the considerati......bmits that under sections 96(3) of the Act, an applicant is required to deposit the actual value of the land transferred together with the compensation and the learned Senior Assistant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ter and wife in the West-bhiti hut and her husband deceased Azitullah with her eldest son Chand Ali on the cot and Zayeeb, another son of her co-wife, cowboy of the house M Akbar, Yeasin and a son-in-law, Jamsed Ali on a mat on the floor of the four-roofed open outhouse in the east-bhiti. 4. At a..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....had and others, 44 DLR 552. The decision referred by Mr. Rahim has no manner of application in the facts and circumstances of the case. Inherent powers the Court exists only where there is no express provision of law applicable to the case. Section 151 cannot be invoked to defeat the provisions of t...... the said order, the decree-holder petitioner obtained this Rule. 5. Mr. KS Salahuddin Ahmed, learned Advocate for the petitioner, submits that the learned Subordinate Judge has committed error of law in entertaining the application filed by the third party opposite party who is a transferee from..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....on. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of the Waqf Estate, an area measuring 3.69 acres of land of Khatian No.322 are not retainable land under the provisions of the State acquisition and Tenancy Act. The management of the said hat was given to the......ated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compensation or annuity of the hat has been assessed or paid by the Government, to the ..Category: Property Law | Date: | Hits: 105
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