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Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......tment was not taken in the suit. The only ground taken was that the lease had expired with efflux of time. 19. The trial Court held that with the expiry of the term of lease on 31.10.84 and in the absence of a fresh agreement of lease, the relationship of landlord and tenant between the parties h......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....fter. He loses both. But if a time‑barred application for review has been entertained by the President and the applicant has also filed an application before the Administrative Tribunal, it will be totally inappropriate for the applicant to pursue his remedies in two forums, either in suppression ......les deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together and each provision of the laws is to be saved, in the absence of a manifest contrary intention. A litigant is entitled to beneficial construction of a pro......of his service may, within thirty days of the communication of such order to him or within twelve months of the establishment of a Tribunal whichever is later, prefer an appeal to the Tribunal having jurisdiction in the matter: Provided that- (a) where an appeal, review or representation to ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....dly done by verbal instructions of the BADC' s Chairman. The claim under these four Bills was Taka 24,51,570.00 and upon this amount they claimed interest at the rate of 18% from 1 July 1984. Their total claim including interest was Taka 70,54,068.00 upto June 30, 1990. So far as the claim for th......rt in these decisions is that before the coming into force of the Interest Act, 1978, an arbitrator has no power to allow interest on his award for "the pre‑reference period" in the absence of any law or agreement, that he got power to allow interest pendente lite and also from th......In Engineer Galimala Vs. Abnaduta Jena, AIR 1988 (SC) 1520, the Indian Supreme Court held that an Arbitrator, to whom a reference was made without the intervention of the Court, "does not have jurisdiction to award interest pendente lite (i.e. for the period during the pendency of the arbit..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within the jurisdiction of Moulvibazar and subsequent refusal to adjust the money due to the plaintiff. No mann..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......gence and violation of instructions and found that they were not denied and found to be false. It is to be presumed that the punishing authority and the Board of Directors who heard the appeal in the absence of any allegation of malafide must have considered all the circumstances and even then found......ning the very competence of the Tribunal to vary or modify an order passed by a competent authority in due course of law. 10. Tribunals have been established under the Act, inter alia, to exercise jurisdiction in respect of matters relating to or arising out of, as provided under Article 117(1)(a..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....section (2) of section 439A providing for second revision to the High Court from a revisional order of the Sessions Judge. It is therefore, found, in Pakistan second revision by the High Court is totally barred, in India it is partially barred, that is, against a person who has already moved...... has been conferred by sub‑section 2 of section 439A has been negatived by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by f......s which may be exercised by the High Court Division under section 439. In other words, the Sessions Judge, under section 439A, has been equated with the High Court Division only for the purpose of jurisdiction exercised by the High Court Division under section 439. 5. Section 439A of the ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....y placed this Court in a position of ridicule. The decision of the learned Judges that the application under section 561A is liable to be rejected "for lack of jurisdiction" is held to be totally erroneous, and as such, it is set aside, and it is held that the High Court Division has j......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... be held and charge‑sheet be submitted under section 4 of the Anti‑Terrorism Act." This order was challenged by the appellants before the High Court Division invoking its inherent jurisdiction under section 561A of the Code taking the ground that the Sessions Judge got no power,..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....is reads: "A contracts to pay a sum of money to B on a day specified. A does not pay the money on that day; B in consequence of not receiving the money on that day, is unable to pay his debts, and is totally ruined. A is not liable to make good to B anything except the principal sum he contracted to......ent. Chapter VI of the Sale of Goods Act, 1930 (Act No. III of 1930) provides for recovery of unpaid price of goods sold as well as damage and interest. Section 61(2) of this Act provides that in the absence of a contract to the contrary the Court may award interest at such rate as it thinks fit on ......one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besides he has made passing reference to some decisions of Indian and Pakistan jurisdictions. 7. Section 34 of the CP Code provides that when the Court passes a money decree, ..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....1971, effect of which still continued for some time even after liberation, were beyond the control of the tenant. 4. On perusal of the judgment of the learned Single Judge it appears that he totally omitted to consider as to whether the situation prevailing at that time prevented the tenan......s provided in this section unless he pays the rent due in respect of the premises to the full extent allowable under the Ordinance within the time fixed in the contract with his landlord or in the absence of such contract by the 15th day of the month next following that for which the rent is pay......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......tion seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put h..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......defence personnel hold office during the pleasure of the President. The President's Order under Rule 14(5) is not justiciable. No case has been made out of malafide, or coram non judice and excess of jurisdiction. 13. The petitioner is not holding any constitutional office. Article 147 of the Con..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... by any contract since such appointment will go against the very letter and spirit of the Constitution. 5. Existing Article 99 is the result of an amendment made in 1976. Original Article 99 totally prohibited the appointment of a retired Judge "in any office of profit in the service......pt of judicial independence suggests that his appointment along with terms and conditions of service be governed under Article 96 of the Constitution, as in the case of a sitting Judge. But in the absence of any specific provision to this effect we find it difficult to hold that the petitioner's......e petitioner's contract service has been terminated in terms of the contract to which he was a party and since his appointment has been cancelled in terms of the contract we do not think that writ jurisdiction under Article 102 of the Constitution is attracted to his case. Subject to the observa..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ey contended, their ad‑hoc service, though continuous, prior to the date of regularisation, would be ignored altogether; but under the impugned Rules the previous service would be included in their total length of service at the cost of seniority. Their contention is that their seniority was alre...... vis‑a‑vis promotees in the Haryana Service of Engineers came up for consideration of the Indian Supreme Court which after examination of the matter in detail took the following view : "In the absence of any other valid principle of seniority, the inter se seniority between direct recruit...... with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having exclusive jurisdiction over such matters relating to terms and conditions of service including the question of..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ...... a matter for investigation at the time of hearing of the appeal. If at the time of hearing the appellants by reference to papers of the lower court records can satisfy the suppression of summons and absence of knowledge about the ex parte decree before the date alleged by them they will entitle the......g prima facie barred by 10 years 301 days and there having been no application under section 5 of the Limitation Act for condonation of delay, the order admitting the appeal was illegal and without jurisdiction. The appellants opposed the application. The learned District Judge by his order dated ..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......posed of the matter in a summary way and its conclusions are far from satisfactory, which the High Court Division failed to notice. 10. So long as the Court of Settlement acts within jurisdiction and does not commit any excess of jurisdiction the High Court Division will be right i..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ublic servant on completion of 25 years of service without assigning any reason or giving any show cause notice was held by the majority decision to be capable of being used arbitrarily in the absence of any guide‑line of exercising it; further, it was held that the impugned order of r......Division which, after issuing a Rule thereon and hearing the parties dismissed the Writ Petition on the ground that Writ Jurisdiction was not attracted in this case as it was exclusively within the jurisdiction of the Administrative Tribunal, established under the Administrative Tribunal Act, 198..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....e active participation of the owners of the building in question; that pursuant to the conditions put forward by the respondent No. 1 the members of the respondent No. 5 Samity already deposited a total amount of Taka 1,25,00,000 in two installments starting from 1987 and for the last 13 years t......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......prohibitions to be imposed with regard to the development of sites and the erection and re-erection of buildings within the City; the respondent No.3 under its statutory power, has no authority and jurisdiction to take up the matter of environmental pollution in the shape of private and public nu..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....sh from what particular point of time he started to possess the land in assertion of his title upon denying the title of the real owner i.e. Karuna Moyee Dasi. The evidence from plaintiffs side is totally lacking for establishing the fact that from a particular point of time he started to posses......f was awaiting for the execution of the kabala, as such, there was no occasion for the plaintiff to possess the land in suit upon denying the title of the real owner and thereupon held that in the absence of establishing the fact of possessing the land on assertion of title by the plaintiff upon...... seeking relief on the basis of the agreement for sale. 6. The defendants i.e. respondents herein as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing t..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......trangers. Subsequently, the preemptor respondents made an application for return of the original application on the ground that the Second Court of Subordinate Judge, Chittagong, had no territorial jurisdiction in the matter. The prayer was allowed by order dated 27-1-1992. Thereafter, by endors..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......din Miah, and others.......................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minor..Category: Business or Commercial Law | Date: | Hits: 86
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