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Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e rent had become due and transmission of the same by money order to the landlord in the context of law laid down in section 19(1) of the Bari Bhara Niontron Ain, 1991 (Act No. III of 1991). Relevant provision from the said section is reproduced herein below. “যে ক্ষেত্রে ......rom him as he was a defaulter and the petitioner was further asked to hand over the vacant possession of the premises to them. Thereafter, in response to that notice, the petitioner-respondent sent a lawyer’s notice on 27-6-1991 and rent of 5 months on 24-7-1991, which were refused by the opposite..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......isional application before this Court and obtained this Rule. 7. Mr. Rokanuddin Mahmud, the learned Advocate for the petitioner submits that the learned Subordinate Judge has committed an error of law, at least, in not allowing the prayer for comparison of the LTIs of Mehera Khatun along with her..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......Tariq, Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one ..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he deems fit. He further submits that under sub-section (1) of section 10 of the Ordinance the provisions of the Code of Civil Procedure, 1908 (Act V of 1908) shall not apply to a Court of Settle......show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to th..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
.... Advocate for the appellant seriously argues that since the seizure list witnesses have not supported the prosecution case, the learned Special Tribunal was manifestly wrong in ignoring the mandatory provision of section 103 of the Code of Criminal Procedure while convicting the accused appellant re......ll justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that in view of the fact that the prosecution has failed t..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
....ratives, (LGRD) he filed the instant writ petition and the High Court Division being satisfied of the apparent illegality, stayed the operation of the aforesaid impugned order. He has referred to the provisions of subsection (3) of section 31 of Pourashava Ain, 2010, as regards the handing over the ...... 3. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the Writ Petitioner, submits that the Writ Petitioner is an elected Councilor and he has been performing his duties within the ambit of law. As such, being aggrieved by the impugned order dated 20.10.2010, issued by the Ministry of Loca..Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....wilful disobedience or violation does not arise and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no provision for adducing any evidence in execution proceedings under Order 21 rule 32(1) of the Code o......r, the petitioner moved this court and obtained the present Rule. 7. Mr. Garib Newaz, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge seriously erred in law in dismissing the petitioner’s execution case on the erroneous view that since the plaintiff p..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the present petitioner. Mr. Sobhan has also argued that there is no provision for submitting any supplementary charge-sheet against new, accused and it is clear violati......-section (1)”. 5. From the above provision it is quite clear that in this provision nothing is mentioned as to under whose order further investigation may be held. When it is not provided in the law itself as to under whose order a Police officer may hold further investigation, we are of the vi..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......e of death of the deceased while the husband of the deceased (appellant No. 1) himself was found absconding without any explanation. He neither gave any information to the police nor to his mother-in-law that her daughter has died by committing suicide by taking poison or to any local people. He thu..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....lem shall be described hereinafter as condemned prisoner. 4. Mr. Md. Rasheduzzaman Bashunia, learned Advocate, had been appointed by the Office of Solicitor to defend Moslem. 5. In view of the provision laid down in section 376 of The Code no order of confirmation of Death Sentence can be mad......sion of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by societ..Category: Criminal Law | Date: | Hits: 82
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....rder of detention is absolutely illegal which is also motivated. He further submits with reference to paragraph No.1 of this petition that previously also the detenu was detained for harassment under provision of Special Power Act and the order of detention has been declared illegal by this court in......ties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal w..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....ner No. 1 and 2) for selling the suit property on a consideration of Taka 1, 50,000. Thereafter, on 1-6-1997 the plaintiff of the present suit (opposite party No.1) presented an application under the provisions of Order 21 rule 29 of the Code of Civil Procedure for staying all further proceeding of ......ns pressed into service on behalf of the petitioners are as follows: (a) The order staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under secti..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......Taxes and the subsequent modification of the said order by the Appellate Joint Commissioner of Taxes and affirmation of the said appellate order by the Taxes Appellate Tribunal cannot be sustained in law in view of the fact that in passing the assessment order the Deputy Commissioner of Taxes relied..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....mely, No. 4 Bakai Union, No.5 Mudaffarganj and No.6 Paschim Gao Unions under Laksham Thana, District Comilla vide Annexure ‘C’ and he became a permanent Nikah Registrar by operation of law as per provision of Rule 5A of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended up t......ts to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation o..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....der section 42 of the Specific Relief Act as no consequential relief was sought for. 8. In this case it appears that the trial Court found that the suit is maintainable and it is not barred by any provision of law. The Court of appeal below also appears to have found that the suit is maintainable......by defendant-appellant-petitioners and obtained present Rule. 5. Mr. Abdul Wadud Bhuiyan, the learned Advocate for the petitioner, has submitted that the learned Courts below committed an error of law decreeing the suit. The learned Judge has committed mistake in not finding that the suit is not ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....desh Sugar and Food Industries Corporation and Bangladesh Chemical Industries Corporation are in dispute. According to the Revenue Department, the Corporations brought into existence by virtue of the provisions of President’s Order No. 27 of 1972 though creature of the statute yet they are not loc......ion Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references they were heard together and are being disposed of by this j..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....f the suit property from which the plaintiffs were found to have been dispossessed after filing of the suit and in decreeing the suit and directing the eviction of the defendants having regard to the provision of section 55 of the Specific Relief Act committed no error of law but the appellate Court......possessed after filing of the suit and in decreeing the suit and directing the eviction of the defendants having regard to the provision of section 55 of the Specific Relief Act committed no error of law but the appellate Court committed error of law in reversing the judgment and decree of the trial..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....spondent No. 2 by his order dated 12-12-2000 confiscated the imported goods, and for making false declaration inflicted a fine of, Taka 25,00,000 instead of confiscation of the goods according to the provision of section 181(1) of the Customs Act and also imposed a fine of Taka 30,00,000 on the appe......d in inflicting a fine of Taka 30,00,000 upon the person who imported the goods when penalty has been inflicted for making false declaration and whether the customs authority was authorised under the law to impose any penalty for violation of the provision of section 32 of the Customs Act in view of..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....e tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount o...... and Memo No. RAJUK/Estate 2827 Star dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....r review has become infructuous. The learned Advocate further argued that the order granting the review of order dated 13.9.84 is without jurisdiction as the same was done in contravention of the provision of Order 47, rule 1 of the Code of Civil Procedure. He further argued that there was no ......rtificate produced by the plaintiff on 13.9.84 in support of his illness. He argued that they arrived at this decision by misreading or non-reading of the medical certificate which is an error of law. 7. Mr. Abdul Kuddus Miah, the learned Advocate appearing on behalf of the opposite party s..Category: Procedural Law | Date: | Hits: 95
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