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Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......n Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar......the plaintiffs threatened the defendant with dispossession and eviction if they failed to recognise the plaintiffs as their landlord; that in order to avoid forcible eviction the defendant put his signature on a rent receipt and recognised the plaintiffs as his landlords and once he deposited Taka 4..Category: Procedural Law | Date: | Hits: 74
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......sed on a document of purchase Ext. 1 dated 27.5.68 is an opinion arrived at by the learned Single Judge which again in his own words "the document Ex. A to the naked eye seems to be of suspicious nature. The thumb impression of the executant appears to be superimposed," without any reference to ..Category: Property Law | Date: | Hits: 79
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......iction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......pacity: (c) Who being employed in a supervisory capacity performs by virtue of the duties attached to his office or by reason of the power given to him. Functions of managerial or administrative nature" (57 DLR 750). The definition of the word "worker" refers to his employment in an establis..Category: Labour and Industrial Law | Date: | Hits: 201
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119....... appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......ion or dividends paid by the company to persons not resident in that other territory, or any form of taxation chargeable in connection with or in lieu of the taxation of dividends or any tax in the nature of an undistributed profit tax on undistributed profits of the company, whether or not those ..Category: Fiscal/Taxation Law | Date: | Hits: 143
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... officer is asked by a statue to perform a duty within a specific time the provision as to time must be regarded as directory inasmuch as any order to be finalised and passed by its very official nature involves some official formalities which no individual officer can avoid.
III. Whether the..
Category: Employment/Service Law | Date: | Hits: 180
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ed SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......od, paper board, cellulose pulp but does not mention about ‘duplex board’ which the respondent No.1 intended to import temporarily. 13. The respondent has not stated in his petition as to the nature and character of the duplex board and that how the same could be converted into boxes or pape..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......at in case of discipline, the principle of natural justice can have no application and further held that: "Even ........ however, we have already indicated our conclusion that having regard to the nature of act that Dhaka University was called upon to perform under section 8 of the University Ord..Category: Employment/Service Law | Date: | Hits: 155
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......nvolved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 p......at the proposed additional written statement was necessary for better pleading and to determine the real controversies between the parties. Since the additional written statement would not change the nature and character of the defendants’ case, the learned Judge ought to have accepted the same. A..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ection 17, and in preparing or revising the record-of-rights the Revenue-officer has been directed to record such particulars as may be prescribed under the Rules. Rule 18 quoted above shows that the nature of the particulars to be recorded, as provided in clause (b) or rule 18 the Revenue-officer i..Category: Property Law | Date: | Hits: 85
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......han Chandra Das and others………………………Opposite Party Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16......nt in both the documents. The defendant has not filed the original documents in court. Explanation was given that the defendant could not procure the original documents. 6. In a litigation of this nature the original documents should have been filed to prove the genuineness of the documents. Now ..Category: Procedural Law | Date: | Hits: 105
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......ce order passed by the petitioner was considered to be in violation of instructions from Head Office. The petitioner explained his position, but on the following day he received a letter under the signature of the then Secretary of the BFFWT stating that the petitioner's resignation dated 07-3 1990 ..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......) 141.......h cannot be sustained in the eye of law. 9. Mr. Rabi Shankar Chakraborty, the learned Advocate appearing for the opposite party No.1 opposes the Rule and submits that by the proposed amendment the nature and character of the suit will not be changed. He adds that the former application for amendm..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......s also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... should necessarily reflect the rank, status and precedence of the District Judges properly. So the relative ranking of the functionaries in the Table of the Warrant of Precedence is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Ju..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......nicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......sical and capricious manner and that action impugned i.e. cancellation/curtailment/reduction/stop/nonpayment of the Honorarium was a malafide action of the Writ Respondents and same manifest from the nature and kind of the action complained of and is evident from the materials on record. The materia..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For......ed that the impugned order of the Additional Commissioner being an executive order passed by the superior authority, namely, the Controlling Authority of the Dacca Municipality, the Writ in the nature of certiorari was not maintainable. In this context it was further contended that in any view..Category: Fiscal/Taxation Law | Date: | Hits: 156
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256....... public servant shall retire from service, on the completion of the fifty-fifth year of his age:
Provided that a public servant, whose services are considered to be specialised or technical in nature or indispensable in the public interest and whose suitable replacement is not readily availab..
Category: Employment/Service Law | Date: | Hits: 107
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ing order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......etween Mostofa Kamal alias Lotus Kamal Vs. Government of Bangladesh = 61 DLR (AD) (2009) 10. It is also worth noting here that, the same test has been applied to determine the directory and mandatory nature of a provision of a general as well as special law. Looking yet from a different, but relevan..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......t the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......t applicable in the present suit. 12. In the case of Kumudini Welfare Trust Vs. Pakistan reported in 11 DLR (Dhaka) 57 referred to by Mr. Quiyum, it has been held that in determining the object or nature of a suit, the Court must look rather to the substance than to the form of the plaint. 13...Category: Property Law | Date: | Hits: 85
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... the face of them are ouster or exclusionary clauses, as they are so called. The ouster clauses are couched in similar languages and the one i.e, section 20 of the Ain of 2003 seems to be absolute in nature which creates a complete bar on seeking relief before any Court or authority impugning any pr..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......t of decree passed by a Family Court. From the above provisions of the Family Courts Ordinance, 1985 it becomes crystal clear that the proceedings before the Family Court shall be absolutely civil in nature and a decree passed by such Court shall be mated as a civil decree passed in a money suit or ..Category: Family Law | Date: | Hits: 215
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