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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....lated that the appellant would execute and register a necessary sale‑deed by obtaining income‑tax and gain‑tax clearance certificates and that whenever these formalities would be complete the respondent would pay the balance of Taka 2 lakh. The appellant accordingly filed an ap......nnot take shelter under this provision of law to derive benefit from his own default. An essential term of a contract, the learned Counsel argues, is a term which I s "absolutely vital to the bargain" and whose violation" will alter the mutual relationship of the parties in such a..Category: Property Law | Date: | Hits: 69
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....rting to cancel the order dated 27.1.90 (Annexure E) and requesting all authorities to keep out of acquisition only those lands of the appellants, over which the appellants acquired full title to the complete satisfaction of the authority and also which will be found to have contained 3 or more acre......d acquisition, practically' of the whole of the appellant's land under the Lay‑out Plan, is not just and fair. It is not4ound to have been made in the larger public‑interest so as to overcome the bar of the doctrine of promissory estoppel. The doctrine of promissory estoppel is, as I find, appli..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....18.11.90 that he inspected the suit property at 03‑00 PM on 17.11.90 after serving notices upon the lawyers of both parties. He reported that the construction and casting of roof was by then complete. The construction was thus progressing at every stage. 5. On 29.11.90 the plaintiff......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....uring the pendency of the earlier suit. It would not have changed the nature and character of either the plaint or the suit. In the event of his success in the earlier suit his remedy would have been complete and effective. The filing of the subsequent suit is an act of compulsion and not of choice.......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....late Tribunals, they have acquired the right to be re-appointed, though not absorbed, without any further examination, interview or selection. 26. We have done this exercise “for doing complete justice” under Article 104 of the Constitution. But what is “complete justice?...... the appellant Ministerial to recruit afresh and the person on the basis of fresh advertisement does not have the backing of a fresh Government decision to exclude the writ petitioners who are age-barred and to include only those of them who have not crossed the maximum age limit for appointment..Category: Constitutional Law | Date: | Hits: 161
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....nt’ is part of the rent and non-deposit thereof under section 19 of the Premises Rent Control Ordinance, 1986 (Ordinance No. XXII of 1986) briefly, the Ordinance, would render the deposit of rent incomplete and invalid making the tenant liable for eviction. 2. Material facts necessary for dispo......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....barred by 80 days the same was dismissed as time-barred. Thereafter this leave petition was filed by the appellant. 7. Leave was granted primarily to consider the case of the appellants for doing complete justice under Article 104 of the Constitution. When admittedly the appellant was working in......ns for reconsideration of his case and respondent No. 1 was informed accordingly; that it is absolutely wrong to say that his case was rejected on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitted his application nor could decisio..Category: Administrative Law | Date: | Hits: 167
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....the SDO Dacca. He visited the place of occurrence, prepared a sketch map with the index and also examined witnesses under section 161 of the Code of Criminal Procedure. After the investigation was completed the said Mujibar Rahman obtained an order of sanction from the Superintendent "of Po......itnessed by Mominullah, Hossain Khan, Anjumannessa Bibi and others. Next day Omar went to the Anticorruption office at 33 Bijoynagar, Dacca, and reported the fact to the Anti-corruption officer Mujibar Rahman; an Assistant Inspector attached to District Anti-corruption Branch, Dacca, who advised ..Category: Criminal Law | Date: | Hits: 68
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....e. Consequently, it was void being in contravention of the provisions of section 75A of the East Bengal State Acquisition and Tenancy Act, 1951. The learned Munsif thus found that the plaintiff was completely devoid of all titles to the properties in suit with the result that there was no relatio...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....s got no title in any land of the 1st Schedule or in any house mentioned in schedule No.4 of the plaint. The defendant previously started construction of a building for his residence but could not complete the same as the plaintiff being envious raised a false claim. His further case as regards ...... the question should be properly examined. The defendant, as we have already pointed out, will be at full liberty to show whether he admitted it or not. In short, the defendant will in no way be debarred from proving his case. 20. Result, therefore, is that this appeal is allowed and the ..Category: Property Law | Date: | Hits: 59
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....id to be a continuation of a suit or is included" within the word suit. The legislature when it provides a hierarchy of tribunals for the determination of a dispute is really providing one complete procedure for such determination, proceedings before different tribunals being only steps......ppeal, an application for leave to appeal to Federal Court has been filed but that will be of little help to the appellant for, it is pendency of the previously instituted suit that constitutes a bar to the trial of subsequent suit. The word 'suits' include an appeal to Federal Court but it ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....gonally woven single layer matting as per direction 3,17,000 sft. at Rs. 22/- per sft. 2. Supplying 2-1/2" to 3-1/2" dia full bamboo walling pieces including fitting, fixing complete excluding cost of nail 3640 sft. at Rs. 15/- per running feet. 3. Supplying a......s of the Arbitration Act. In view of the above, the order and the direction of the Chief Engineer was devoid of any legal force. 13. We have further noticed that a suit of this nature is not barred under the law and sections 32 and 33 of the Arbitration Act do not stand in the way, in view..Category: Others | Date: | Hits: 98
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
.... when the appellant was waiting at the Mirpur Depot of the EPRTC at about 1-30 PM, an EPRTC bus being EDB 9127 came from the west and knocked him down from behind as a result of which his left leg completely went under the wheel of that bus and he was injured severely in various parts of the bod......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....mises but in paragraph II of the written statement filed by the defendant 2 the case set up by him is that he was never in possession of the disputed premises and thus he pledged therein a case of complete disclaimer as regards possession. The case of the defendant 2 is that his son defendant 5 ......courts below, and only point urged by him in this appeal is that in the facts and circumstances of the case the courts below seriously erred in law in failing to hold that the plaintiffs' suit was barred by limitation under the provision of Article 47 of the Limitation Act. To appreciate ..Category: Property Law | Date: | Hits: 69
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....nt and sale of the property without intervention of the Court of law has been challenged in the suit the plaint should have been rejected since Article 34 of the Presidents Order No. 128 of 1972 is a complete bar and the view taken by the High Court Division was not legally correct. Secondly, the Hi......which the plaintiff is entitled.” 3. The defendant-appellant filed applications under Order VII rule 11 of the Code of Civil Procedure for rejecting the plaints on the ground that the suits are barred under clause (5) of Article 34 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (Presidents ..Category: Property Law | Date: | Hits: 77
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....etween 29 and 30 April, 1991 to aircrafts of BAF & vessels of BN, a Court of Enquiry held a detailed enquiry. It found lack of adequate precautionary measures and fixed up responsibilities. To complete the enquiry in respect of the Chief of Air Staff and the Chief of Naval Staff, a Commissio......, a malafide exercise of pleasure by the President under Article 134 of the Constitution can be brought within the purview of judicial review, if the other provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of mal..Category: Employment/Service Law | Date: | Hits: 89
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....ision can suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance concerning the case and the High Court Division had complete jurisdiction to exercise such discretion……(7) Lawyers Involved: ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....88 no license would be given to the new trawlers imported by a businessman and consequently respondent No.1 was not given license as per the decision of the Government as respondent No.1 failed to complete the project before the new policy of the Government. The project though approved in 1978-7...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....Single Judge of the High Court Division misconceived the pleading and the implication of Order 6, rule 7 of the Code of Civil Procedure in arriving at his conclusion that the plaintiff had given a complete go by to his plaint case at the time of hearing and introduced a new case without amending......r of the plaintiff. 4. The trial Court dismissed the suit on the findings, inter alia, that the plaintiff had failed to prove his title and possession in the suit land and that the suit was barred by limitation. 5. The appellate Court set aside the judgment of dismissal and decre..Category: Property Law | Date: | Hits: 65
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....000 shares are held by the remaining five directors. At a Board Meeting held on 26-5-92 respondent No.2 (the present petitioner), the Managing Director of the company, was authorised to purchase a complete set of imported machineries in packed condition from the aforesaid proprietorship concern ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
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