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Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
.... October 31, 2001. The Transfer of Property Act, 1882 (IV of 1882), Section 106 Allowing more than one month’s notice to determine the tenancy has not contravened any of the provision of the Transfer of Property Act or the Premises Rent Control Ordinance. Lawyers......tion and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree complained of are not tenable in law. They, therefore, are set aside and the suit of the opposite party dismissed.” 4. There..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....etitioner has sent for review of its earlier decision dated 13th December, 2000 declaring the petitioner non-responsive, and finally declared the petitioner responsive acted in clear violation of the provision of Clause 29.1 of the Tender Document. 11. The other contention of the learned Counsel......Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority and the result of the price bid opened on 21st September, 2000 be declared acceptin..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
.... been left by Badaruddin to which the petitioners can be considered to have succeeded on his death and consequently, they do not come within the ambit of legal representative as contemplated by the provision of Rule 4 of Order XXII of the CPC. 3. It may be mentioned that ......them can neither be allowed under Order I rule 10 or under Order XXII, rule 4 of the Code of Civil Procedure and the learned appellate Court below, misdirecting himself on a total misconception of law and facts erroneously allowed the application filed by the opposite parties for adding them as ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... for the house of the Convict petitioner but on way he got information that his daughter committed suicide by hanging. At the same time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......gment and order of the High Court are set aside. The High Court Division is accordingly, directed to dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....bsp; January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Orders XXX VIII rule 5 The proceeds of letter of credit do not squarely come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue no......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......ng Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High Court Division erred in law in introducing him as a SA recorded owner with the result that plaintiff became the owner of th..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... their residence in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-election could not be held pea......nce in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-election could not be held peacefully whic..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High Court Division erred in law in acquitting the accused. The learned Additional Attorney- General has further submitted that, ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....are not barred by either SRA 1860 or any other law, rule or regulation for the time being in force. BRAC was given permission to sponsor BRAC Bank Limited fully in accordance with all the relevant provisions of law. Their further case is that the writ petitioner has failed to identify any single......its fund with the object of getting more money for spending in charitable purposes……………………..(26) ii) There is no bar in the law in investing foreign donations in income generating activities….........(30) ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......eal was thus allowed in part. 8. Counsel for the appellant has urged before us that the evidence being purely circumstantial and doubtful the conviction was not sustainable in law. He further submits that the principles governing a case based on circumstantial evidence were ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......nance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader A..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......deration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others and that the common object..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....ncome Tax Act, 1922 (XII of 1922), Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of b......service of workers on the basis of certain recommendations of the Commission.- (1) Notwithstanding any thing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law or any rule, regulation, by-law, agreement, award, settlement, custom, usage or terms and co..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....o;s service is guided by master servant rule. Omission to place the relevant decision at the hearing or at the appeal is not mistake or error apparent on the face of the record so as to invoke the provision of Order XLVII rule 1 of the Code of Civil Procedure having disposed of the suit on merit......), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated&..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......eclaring the impugned orders dated 14-7-1987 and 16-6-1987 of the Member, Board of Land Administration affirming those dated 11-9-1985 of the Additional Commissioner to have been passed without any lawful authority and further directing respondents to lease out the disputed land to the writ peti..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......n of issuance of the Rule if any. 4. Mr. Zahedul Bari, learned Advocate appearing on behalf of the petitioner, submits that the High Court Division condoned the delay against settled principle of law and thereby committed an illegality. He submits that there was apparent negligence on the face o..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ly on the basis of which the order of removal dated 05.07.1999 was issued. The plaintiff averred that the issuance of order of removal was not made in accordance with law and being-contrary to the provisions of IFIC Bank Service Rules the same was not maintainable and thus the same required to b...... and submitted report accordingly on the basis of which the order of removal dated 05.07.1999 was issued. The plaintiff averred that the issuance of order of removal was not made in accordance with law and being-contrary to the provisions of IFIC Bank Service Rules the same was not maintainable ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....Assistant Judge since the orders as against which relief sought were passed by the Revenue Authority in connection with the sale held in execution of the order passed in the Certificate Case as per provision of the PDR Act and as such the learned Assistant Judge was in error in rejecting the app......dated November 16, 1992 (Order No.35 dated 11.16.1992) rejecting the application filed under Order 7, Rule 11 of the Code of Civil Procedure on the observation that in the suit serious question of law is involved and that without hearing the suit finally it would not be possible to arrive at a c..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....legality in the impugned judgment but being confronted to point out any error in the judgment found difficulty to assail the impugned judgment of the High Court Division in view of the provisions of Artha Rin Adalat Ain providing Section 7 of the Artha Rin Adalat Act, 1990 for filing...... It further appears that the writ petitioner filed written statement and thus was very much aware of the institution and continuance of the suit but did not avail of the remedy available under the law. 7. In such view of the matter, petitioner's filing writ petition is not maintain..Category: Banking Law | Date: | Hits: 120
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