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Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......89 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convicted appellant Abdul Khaleque is directed against the judgment and order dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 c..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......nts. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder fro..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......the Petitioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. ..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......urdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. The defence plea was of innocence. By the judgment and order dated 27.9.83 under appeal the learned Additional Sessions Judge convicted the accused appella..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. ......Rahman, Advocate – For the Petitioners Civil Order No. 2771 of 1991. Judgment Md. Mozammel Haque J.- This is an application under section 115 of the Code of Civil Procedure challenging the order dated 19.8.90. The petitioner Nos.1 and 2 are the defendants in the suit. They filed an applic..Category: Procedural Law | Date: | Hits: 77
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ....... The bar of suit can not be attracted. A plaintiff must be seen after actual withdrawal of first suit without obtaining permission to sue afresh. If he is not caught in this position then the bar of order 23 rule 1(3) C.P.C. is not attracted. Order XXIII rule 1(3)..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
.... claimed exemption from taxes. 10. Mr. CR Ali, the learned Advocate for the opposite party, submits that the bonus for which exemption was claimed was an incentive bonus and it was paid as per the Government Notification No.RID‑37n3/950 19th December, 1973 issued under Ordinance No. XXIII of 19...... We will thus conclude that bonuses as in the cases of the appellant‑company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as such. The orders of the DCT disallowing such expenditure and those of the learned AJCT confirming them shall t..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....e allegation, inter alia, that while her husband late Md. Akmal Khan was working as an Accounts Officer, Bangladesh Television at Rampura he was killed on 7.11.75 along with other three officers. The Government of Bangladesh, considering the deplorable condition of the respondent No.1, Monwara Akmal...... application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh 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..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....n, save in exceptional cases should not be lightly condoned for a valuable right has accrued to the other parties of which he cannot be deprived for any substantial reasons. To make department of the Government exception to this Rule would be putting a premium on negligence and want of proper dilige......to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has referred this matter to this Bench for disposal. 2. Facts..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
.... Advocate ‑ For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The pet......ent injunction. In that view of the law I hold that the judgment of the lower appellate 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. ..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. ......o. 5096 of 1991 (Dhaka) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate t..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....d having not been made a party the application is not maintainable. 6. The rule was issued on the Chairman of the said Board and the Secretary of the Board who issued the impugned order and on the Government. It is true that in section 3(2) of the Rural Electrification Board Ordinance, 1977 under......m, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corporation putting..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......justification to do so, Courts should be slow to interfere with the decisions of domestic Tribunals appointed by educational bodies like the Universities. In dealing with the validity of the impugned orders passed by Universities under Article 226 (writ jurisdiction of the Indian Constitution) the H..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. ......esented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazilla Court Belkuchi in Miscellan..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....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. ......Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, in Miscellaneous Appeal No.125 of 1983 rever..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.
......in Humayun, Advocates ‑ For the Respondent.
Appeal from Appellate Order No. 68 of 1994.
Judgment
Kazi Ebadul Hoque J. - This appeal at the instance of the defendant is against Judgment and order dated 26.2.94 passed by the Additional District Judge, 3rd Court Dhaka in Title Suit No. 39 of..
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. ......of 1991. Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 in Money Suit No.131 of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-..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. ...... authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land compri..
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. ......o 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 a suit for eje..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents J......ed this literal, interpretation by emphasizing the intent and purpose of this Article asserting that the provision relating to consultation with the Supreme Court has been embodied in this Article in order to ensure independence of the persons employed in the Judicial service and also to ensure that..Category: Employment/Service Law | Date: | Hits: 173
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