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Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....1995. 6. In support of the appeal Mr. A.J. Mohammad Ali, learned Counsel reiterates the submissions made earlier in support of the leave petition and has placed before us amended provision of Rule 6 of the Muslim Marriages and Divorces (Registration) Rules. 1995. 7. He ......sed by a Division Bench of the High Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the writ petitioner respondent No. 1 is that he passed his ..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....ed by the Deputy Commissioner in respect of the land acquired belonging to the Respondents. The Arbitration Appellate Tribunal set aside the award made by the Arbitrator, upon placing reliance on the provision of section 31 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982......ion Case No. 163 6 of 1990 on September 18. 1994. i.e. at a time when the Arbitrator could make award of the amount as in his view in the facts and circumstance of the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the amount awarded by the Deputy..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......perty of the petitioner, he (petitioner) obtained license in his name and got the said gun and the same is in his possession on obtaining renewal of the licence and the gun was never used in any unlawful activities and there is no allegation that the gun was used in the above case; that one Sali..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....ccepted his joining report, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules. Thereby all the actions of the provisions, departmental proceeding starting from framing of the charges by order dated 16.6.91 wer......l) Rules, 1985 to remove any irregularities and instituted a fresh enquiry against the respondent on the self same charges and the Government action suspending the respondent from service is fully lawful as the previous proceedings the respondent was not found guilty of the charges framed agains..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......whether the Managing Director and Chairman of a company, the trustees of the fund of the company could be prosecuted for misappropriation of the fund of the company and as to whether the principle of law applicable to the members of the partnership shall apply to the private limited company for the ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....g for rejection of the plaint stating, inter-alia, that sub-sections (2) and (3) of section 4 of the Artha Rin Adalat Ain 1990 are ultra vires the Constitution inasmuch as the enactment of the said provisions, by the Parliament, investing powers with the Government, instead of the President of t......ointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. 5. The trial court after hearing the parties rejected the said application..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......and the matter is pending before the superior Court and thus "we do not find that there exists such a clear case capable to be decided at the micro level on the interpretation of the relevant law." 6. Mr. Huq next submits that only because a Money Suit is pending against the res..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....n filed seeking rejection of the plaint was opposed by the plaintiff. The learned Subordinate Judge allowed the application for rejection of the plaint observing that plaintiffs suit is barred by the provision of section 6 of the Artha Rin Adalat Ain, 1990 and that the property which has been sold i......a Rin Adalat, Rangpur and that the suit was maintainable under the provision of Section 20 of the Code of Civil Procedure, that the direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appeal on merit i.e. whether the ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......igh Court Division in consideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the ca..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....Procedure for rejection of plaint of Title Suit No.7 of 1994 contending inter alia that the plaintiffs have got no title and possession in the suit property and therefore the suit is barred by the provision of section 42 of the Specific Relief Act; that the disputed property is an abandoned prop......d not fail to comply with any such order of the court; that the plaintiffs did not make any such statements in his pleading which will speak that the suit is barred by any provision of law; that the plaint of Title Suit No. 18 of 1992 was rejected on 8.8.1992 on technical ground with..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....adesh, etc. having been substituted in the trial Court in April, 1972 which was before the coming into operation of President's Order No. 69 of 1972, which came into operation on 15th June, 1972, the provisions of abatement contained in Article 4(2) of President's Order No. 69 of 1972 was not applic......e of the Government of Bangladesh, the proceedings shall abate. And that was done. It is to be observed that under Article 149 of the Constitution that this Presidential Order continued as existing law and so the application made by the Government on 13th February, 1973 was quite competent. In..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....ion observed that "the two Indian cases clearly show that the Indian law on the subject is quite different in the sense that sub-sections (3) and (4) of section 26A which are the relevant provisions providing for renewal are not there in the Indian Act". The case of Commission......ears in question. Against the order of the Tribunal the appellant then filed an application under section 66(1) of the Income-Tax Act and the Tribunal referred the following questions of law before the High Court Division for opinion: "Whether on the facts and in the..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... Act from denying his exclusive title to the suit premises. 7. On the first question it is to be noted that whether payment of rent constitutes attornment or not is a mixed question of law and fact. The High Court has not clearly come to any finding because it took the vi..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
.... basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relie......f the High Court Division refused to grant relief in the Writ petition on the view that "a licences cannot claim any vested right of renewal of his licence or the provisions of law referred to by the petitioner gives him any such right". The learned Judge further observe..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ed as such, the period as determined for the assessment of the income, profits and gains of the firm." 4. For proper appreciation of the expression "previous year" section 3 containing the provision of charge of Income-tax needs to be referred to. Section 3 reads as under: — "3. Whe......onsent to the action taken we do not think that the asses-see can now retrace its own action and seek relief in this forum." The Tribunal, however, considering this as an important question of law referred the question for the opinion of the High Court. The High Court answered the question ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....n was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be maintained if the preparation of ......nbsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the t..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a docu..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
.... Respondents 1 and 2 on the same day. The deed of sale was executed on 14.2.72. The respondents while in possession were evicted forcibly on 5.2.75 without serving any notice, allegedly under the provisions of P.O. 16 of 1972. Respondent No. 1 filed an application under Article 15(1) of P.O. 16 ......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....nder section 528 Cr.P.C. to pass any order with regard to the case. In the present case, no such step was taken. The Additional Sessions Judge who was moved under Section 436 Cr.P.C. noticed that the provisions of section 436 Cr. P.C. were not attracted because the complaint was not dismissed under ......te but if he has already examined the complainant, the transferee Magistrate is not bound to re-examine the complainant…………(3) The trying Magistrate in the instant case wholly erred in law when he declined to consider the case of the present appellants on the ground that this being ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....nding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the provisions of the Constitution. The transactions which are not alive before the promulgation of P......and 136 of 1972 P.O. No. 24 of 1973 The President’s Order Nos. 88 and 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereo..Category: Property Law | Date: | Hits: 85
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