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Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......non-submission of proper records and documents by the owners of the said land. 8. Learned Advocate for the petitioners after placing the petitioners and other materials on record submitted that in view of repeal of section 93A and 93B of the Town Improvement Act and substitution of section 79 of ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....by the High Court Division in similar cases. How the question is whether a decision touching the jurisdiction of the Court and involving a question of law of great public importance and involving the erroneous interpretation of word or expression used in the Act is binding upon this Court and should....... Plaintiff-petitioner and defendant-opposite-party Nos.10, 11 and 12 dropped tenders in third phase and petitioner was highest bidder quoting Taka 31, 39,901.00. Deputy Commissioner, Habiganj with a view to get more lease money, instead of accepting offers received in third phase, decided to go for..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......on, is not debarred from invoking writ jurisdiction of this Court under Article 102 of the Constitution without availing of the alternative remedy by way of appeal before the Revenue Authority.
In view of the discussion above the Rule is made absolute without any order as to costs. The, impugned ..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......vanced by Mr. Hassan Arif on the point of maintainability of the present application. In the case of Conforce Limited, 1989 BLD 429=42 DLR 33, a Division Bench of the High Court Division held that in view of Article 152(2) of the Constitution read with section 3(39) of the General Clauses Act the wo..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
..... It may be true that the political parties and organisers may have a right to call for non-co-operation or to call for a general strike as a form of protest against what they believe to be either an erroneous policy or exploitation. But when exercise of such a right infarcts the fundamental right o......t have achieved success. The struggle for independence led the people of Bangladesh to take up arms against the Pakistani regime. A call to observe hartal is a democratic right exercised under the purview of basic structure of the Constitution of Bangladesh. Although it causes a disruption of the da..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....bmitted that the directions given by the High Court Division in disposing of the instant company matters are arbitrary, devoid of logic and based on misappreciation of the provisions of law, which is erroneous and requires interference of this Court for the ends of justice. 21. He submitted that ......ven though the respondent Nos.1 to 3 are not entitled to dividend and attend the 20th, 21st and 22nd AGMs against the said shareholding acquired after record date, the respondent Nos. 1 to 3 with the view to get dividend and attend the 20th, 21st and 22nd AGMs on 03.01.2008 filed the Company Matter ..Category: Company Law | Date: | Hits: 191
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years and thereby, the petitioner acquired no valid title. In such wrong view of the matter the Court of appeal below dismissed the suit of the petitioner and decreed the su..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... further submits that the contention raised by the opposite parties in their affidavit-in-opposition, that the petitioner did not offer the rent and electricity bill till 30-6‑1999 is immaterial in view of the fact that the admitted position is that the petitioner paid the rent of June, 1999 earli..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......rily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that in view of the provisions of sections 86 and 133 of the Co-operative Society Ordinance, 1984 the suit i..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......ccused in the absence of any other reasonable explanation as to the safe departure of the deceased from the company of the appellant no conclusion other than the guilt accused can be drawn. 23. In view of the circumstances and the evidence discussed above the decision reported in 33 DLR 320 is no..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......such, they must introduce the scheme pursuant to the aforesaid Act for the benefit of the respondents and there is no illegality in the impugned judgment and the learned Labour Court taking a correct view of law and fact rightly passed the impugned judgment. 7. We have perused the application..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......ointed out before this Court the provision of section 19 Gha of the Jaruri Khamata Bidhimala 2007 as amended by SRO No. 30-Ain/2O67, hereinafter referred to as "the said Rules", and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......enquiry was held over this matter and the enquiry officer submitted a report dated 14-11997. The enquiry officer found the petitioner guilty for maintaining stock register with false entries with a view to sell fertiliser in the black market. On the basis of this enquiry report, Deputy Commissione..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....ts between the parties, whether the tenant is a defaulter in payment of rent, etc., which cannot be decided in a Partition Suit. He lastly contends that the Court below upon misconception of law most erroneously passed the impugned order dated 24-10-2001 which is liable to be set aside. 6. It......t of the case in accordance with section 10 read with section 151 of the Code and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 10. In view of the above, the Rule is made absolute. The impugned order dated 24-10-2001 passed by the Cour..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276........ The definite case of the defence was that prior to occurrence Kabil, debor (brother of accused Mozam) of victim was murdered. In that case Habibur Rahman, brother of victim, was the accused. With a view to save her brother victim instituted false case against them. There was no nexus between accus..Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......der of the Deputy Commissioner was affirmed.
7. Mr. AKM Shafiuddin, learned Advocate for the petitioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the notice to show cause, the petitioner came to know for the fir..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....r. Abul Kalam Mainuddin, learned Advocate appearing on behalf of the plaintiff-petitioners, submits that the Court of appeal below failed to properly assess the evidence on record and that came to an erroneous finding that the plaintiffs had no right, title, interest and possession in the suit land.......onal Court had hardly any jurisdiction to set aside the finding of facts arrived at by the appellate Court and that also without discussing any fault in the factual finding by the said Court. Similar view has also been expressed in the case of Shamser Ali (Md.) and others vs. Mosammat Katizad Bibi 4..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......ment was bad in law? 6. Mr. MA Hannan, learned Advocate for the applicant, mainly pressed for determination of first question of law as to whether the Appellate Taxes Tribunal was justified in view of section 154 of the Ordinance in dismissing the appeal for being barred by limitation since f..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....ners, took me to the judgments of the Courts below and submitted that both the Courts below failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decreed the suit declaring the plaintiffs title and allowed the prayer for khas possessi......eing on the 2nd March 1989 for protecting the farmers interest in the property who transferred for the cause of natural calamity or for the cause of maintaining livelihood. The defendant No. l with a view to declare the kabala deed dated 17-5-1982 to be a deed of usufructuary mortgage in view of sec..Category: Property Law | Date: | Hits: 34
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