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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....as commission fee made beyond the date fixed by the High Court Division as a special case. We are mindful of the fact that once time was fixed for depositing money as commission fee with a default clause and result thereof the same can not be extended under section 1.48 of the Code of Civil Proc..Category: Property Law | Date: | Hits: 31
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....ourt Division and thereafter contended that the award was passed by the joint Registrar in Dispute Case No. 10 of 2003 against the said award and the petitioner could have preferred an appeal under clause 4 (2) of Section 50 of the Co-operative Society Ain, 2001 and in such view of the matter, th..Category: Constitutional Law | Date: | Hits: 162
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....of oral agreement they were the tenants of the premises in suit, took lease of the premises in suit and were running their business of hotel and restaurant, that in the agreement there was a clause that the defendants would never be evicted from the premises in suit i.e. two shops, that H..Category: Property Law | Date: | Hits: 46
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....antamounts to clear fraud on the statute and that the respondent should not be permitted to derive any pecuniary benefit from such practice of fraud. 11. The term "manufacture" has been defined in clause (f) of section 2 of the Excise and Salt Act 1944 (Act No. 1 of 1944) as follows: "manufact..Category: Fiscal/Taxation Law | Date: | Hits: 114
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....t pay in full the premium of Tk. 2700/-. Mr. B. Hossain, learned Deputy Attorney-General, contends that the allottee had no "capacity" to enter into the contract for sale of the Government quarter as clause (7) of the Standard Agreement stands in the way. It is quoted below: — "7. Until ful..Category: Property Law | Date: | Hits: 40
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....h premises have been erected, or are owned by the person to whom such occupier is or but for a special contract would be, liable to pay rent for such occupation ; Explanation. —In this clause "premises" mean any building such as a house, manufactory, warehouse, stable, shop or hut..Category: Tenancy Law | Date: | Hits: 169
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....er that section market value shall be the average market value according to disposition of properties of similar description in the vicinity during five years from the service of notice under clause (a) sub-section (4) of this section. Sub-section 4(a) of Section 93A is relating to ser..Category: Property Law | Date: | Hits: 33
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....o the statements made in paragraph 3 and also repeated the same in the subsequent paragraphs 6-11 of the affidavit-in-opposition on behalf of the respondent No.3 are misleading and misinterpreted the clause 'Gha' and Ta' of the Bangladesh Banks letter of intent dated 29.11.2000 and section 14(A) of ..Category: Banking Law | Date: | Hits: 185
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ings that the plaintiff received Tk.95,000/- as 'salami1 and thereupon handed over possession of the premises in suit, that in the agreement by which the defendant was put into possession there is no clause to terminate the tenancy or to eject the tenant, that as the plaintiff has other shops in the..Category: Tenancy Law | Date: | Hits: 180
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....en and shall not be called in question in or before any Court, Tribunal or Authority on any ground whatsoever. Mr. Khandker Mahbubuddin Ahmed has not addressed us in respect of this indemnity clause in the Constitution. 16. For the reasons stated above we find that the judgment and o..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....e junior officers without considering seniority of the petitioners in the grade of Senior Accountant, that the order so passed is violative of the order of establishment dated December 31, 1970 and clause 32(E) of the Bangladesh T & T Manual Volume-IV, that authority illegally considered seni..Category: Administrative Law | Date: | Hits: 125
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....ad on the same and allowed the defendant No. 4 to possess the suit land on the strength of an agreement, Exhibit-2, in contravention of terms and conditions of the allotment, inasmuch as clause 5 of the letter of allotment, which has been marked as Exhibit-A3, provides that the allotte..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....ferred that the Society was voluntarily constituted. Such a Society cannot be constituted voluntarily by members alone. It is to be recognised by the Stale and its legislature. 18. Article 4 and clause (6) of Article 7 of P.O. No. 26 of 1973 have embodied the fundamental principles of the Red C..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... necessary implication, got power to intervene at any stage of the election process before the notification in the Gazette is published. In a narrow sense election, as described in the definition-clause of the UP Ordinance, means selection of a person on the result of a poll; but even without ..Category: Election Law | Date: | Hits: 173
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
.... appeal and the execution proceedings can further continue bin accordance with what has been decided by the appellate court. The same indication is found in Order XXL Rule 11, where sub-rule (2), clause (d) requires a mention whether any appeal has been preferred from a decree. The decree to..Category: Procedural Law | Date: | Hits: 93
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79