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Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....tatement on the next date fixed, ends of justice required that there should have been no ex parte hearing. 6. As it appears before amendment was made by Ordinance No. XLVII of 1983 the provisions of Order VIII, rule 1 of the Code of Civil Procedure stood as follows: &ldqu...... of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid down in the ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....share certificates with aforesaid documents should be filed to the company for rectification of the Share Register and in the instant case there being failure to comply with the aforesaid mandatory provisions the claim of the appellants to get release of the shares cannot be considered. 15. Mr....... industrial unit as an abandoned property under President's Order No. 16 of 1972 the appellants could not claim the shares of the said company or the industry itself the shares of which having been lawfully vested in the Government. The Bangladeshi shareholders of Messrs Bella Artifitex Industri..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....Rule. The High Court Division discharged the Rule upon the findings that the plaintiff has locus standi to file the suit and to maintain an application for temporary injunction, that in view of the provision of section of the Specific Relief Act,1877 since the right of the plaintiff has bee......rculated posters and leaflets for admitting therein girls without any fees in Class VI to X in violation of the norms of the non-government educational institutions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....pleting official formalities the appeal was filed on 7-8-2003 and thereby the appeal was filed out of time by three months and fifteen days but in view of section 6(2A) of the Act there being provision for admitting such an appeal after six months of the period of three months specified und......nal to admit an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and that the Administrative Appellate Tribunal erred in law in not holding that the delay may be condoned if it is not more than six months beyond the usua..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......n the principal sum adjudged, it shall be deemed to have been refused in terms of sec. 34(2) of the Code of Civil Procedure and thus the view taken by the High Court Division was not justified in law. 7. Mr. Asrarul Hossain, learned Counsel for the respondent reiterated his submission which f..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....a preliminary question. He has contended that Civil Revision No. 118 of 1984 before the High Court Division was not maintainable in view of the amendment of the Civil Procedure Code under which the provision for second appeal was repealed, He pointed out that the Revisional Application under secti......f the Police Station as its receiver. The respondent challenged the order of attachment by Criminal Motion No. 361 of 1977 but it was rejected by the Sessions Judge. Thereupon the respondent took law in has own hand and dispossessed him (appellant) from a part of the suit land forcibly erectin..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....out the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly co......ds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by t..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... was entered into by the public authority invested with a statutory power;(f)where the contract has been entered into in exercise of statutory power by a statutory authority in terms of the statutory provisions and then breach thereof gives right to the aggrieved party to invoke Writ jurisdiction be......f the appellant, directed the appellant to withdraw the letter of intent and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitrariness or unlawfulness in the withdrawal of the letter of intent and, on the other hand, if the respondent No.1 ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....s across the country are being continuously exposed to arsenic poisoning through consumption of such poisoned water and accordingly, arsenic contaminated tubewells be sealed and emergency provisions of alternative sources of safe drinking water should be made. 4. The High Court ...... petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Environment Conservation Rules, ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
.... 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated September 23, 1986. The list in respect of the property in question and the publication of the list was made as per provision of the Ordinance No.54 of 1985. The Court of Settlement by its judgment dismissed the ca......t of Settlement. The High Court Division upon making the Rule absolute declared that the property in question is not an abandoned property and the property has been listed in the 'Kha' list without lawful authority and, as such, the same has no legal effect. The High Court Division further directe..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... appointed in Grade-I and that he had only the qualification for being appointed in Grade-IJ and, as such, the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law". This Court did not find substance in the contention of the petitioner that he was senior..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ecreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners retain rights..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....respondent 3, have submitted that they have no concern with the appeal, and have prayed for costs for being unnecessarily impleaded in the appeal. 4. To appreciate the point the relevant provisions of section 167(9B) of the Act may be set out: "If, in relation to any go......hever is greater and, so allowed the writ petition, and declared that the penalty of rupees ten lakhs, to the extent that it exceeded three times the value of the imported bath-tubs, to be without lawful authority. The appeal is directed against the order of the High Court. 3. Mr. Attorne..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....urt on the finding that there had been, as a matter of fact a contract for lease of the entire premises for a consideration of Tk 7055/- but the contract for permanent lease, having contravened the provision of section 75A of the East Bengal State Acquisition and Tenancy Act, the petitioners......tion of rent, be governed by the terms of the lease and the provisions of the Transfer of Property Act, 1882: Provided that, notwithstanding anything contained in this Act or, in any other law for the time being in force or in any contract, no non-agricultural tenant shall sublet the wh..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....stitute its own opinion for that of the High Court Division or even when it strongly feels that a different view is possible. Interference by the Appellate Division is exceptional and that is why the provision for special leave. For promoting the cause of justice, for doing justice and for preventio......t they had any enmity with the deceased, Zafar. They denied that Abdul Bari was a helpless old man requiring any help and protection from the deceased Zafar, as Abdul Bari had two sons, three sons-in-law, a faithful domestic servant Nura (PW 3) and Nuru's father Salam (PW 10) who was Abdul Bari's pr..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... Awlad Ali, learned Counsel for the complainant-respondent No. 1, submits, on the other hand, that there is no bar in law in entertaining a fresh complaint because the legislature has not amended the provisions of section 403 and other relevant sections of the Code expressly or by necessary implic......ear from the language used in section 339C that it was the intention of the legislature to bid a farewell to the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... 5. Mr. S R. Pal, learned Counsel appearing on behalf of the petitioner praying for special leave against the said order of the High Court has submitted that, having regard to the clear provision of the Regulation 21, the learned Judges of the High Court ought to have held that this p......sion to his inherent or implied power, there cannot be any derogation from the natural right of an employee. But this natural right may be circumscribed by the rules of service framed according to law, which lay down the procedure for making such an order. The validity or propriety of an order o..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....evisional jurisdiction. 8. The learned Counsel for the appellants submits that report of the Assistant Judge as to destruction of the suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit r......ot clear, the High Court Division was wrong in relying on the report of the learned Assistant Judge to the effect that the register of the Rent Suit No.1801 of 1952 was destroyed in accordance with law. It has also been submitted by the learned Counsel that as from the plaintiffs' side Exhi..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......c performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers from misreading of evidence and, as such, same is not sustainable in law. 6. We have heard the learned Advocate-on-Record and perused the materials in the petition fo..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....nd readiness of the appellant and the respondent No. 2 to perform their part in respect of the contract for sale of the land in suit. It was also the contention of the appellant that because of the provision of section 53A of the Transfer of Property Act he is entitled to continue his possession......ocument till the disposal of the suit, d) that the cost of the suit be decreed against the contesting defendant, e) that the plaintiffs be given any other relief or reliefs he is entitled to in law and equity". 6. As against the aforesaid reliefs the suit on compromise was dec..Category: Property Law | Date: | Hits: 94
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