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Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....rnment having found appointments were made illegally and as by the impugned order appointments of all the 3rd class and 4th class employees having been cancelled, the High Court Division was wrong in holding that the impugned order is illegal as the same has been passed without hearing the writ peti......o Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....oth the parties examined witness and their documents were admitted into evidence.
6. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 decreed the suit on contest holding that the defendant No. 1 and 2 (appellants) are not entitled to get any kabala deed executed......the impugned judgment and decree.
8. Upon considering the case of both the parties as made out in their respective pleadings we need to farm the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to p..
Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....l from the judgment of the High Court Division. 2. Leave was granted to consider whether the learned Judge of the High Court Division was correct in making no distinction between the expression 'holding' as occurring in section 96 of the State Acquisition and Tenancy Act and the expression ‘n......g permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha Khatun paid rent of Tk. 1/- to the lessor Rangubala till the rent receiving interest was acquired by the Government; and that S.A. Khatian was not correctly prepared because neither respondent No.1 nor his ..Category: Property Law | Date: | Hits: 85
Ismail Vs. State, 2009, 38 CLC (HCD)
....e the immigration authority at Zia International Airport as passengers of SV 332 scheduled for Saudi Arabia as wage eaners, but the Immigration authority dictated that all the 3 accused persons where holding passports with altered photographs, as such those passports were found to be spurious and ha......foresaid learned trial Court after taking cognizance framed charge under section 468/471 of the Penal Code read with section 3 of the Passport Act against the accused persons and having the same read over to them the accused Amjad Hussain pleaded guilty whereupon he was convicted and sentence to sim..Category: Criminal Law | Date: | Hits: 92
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....l District Judge, First Court, Satkhira heard the revision on transfer and allowed the same on contest by his impugned judgment and order dated 9-4-2007 setting aside the order of the Executing Court holding that decree passed in perpetual injunction is not enforceable in Execution Case, etc. Bei......LR 66 wherein it was held that a prohibitory decree is not executable in Execution Case, adding that the revisional Court below failed to see that the aforesaid Single Bench decision has already been over ruled by a specially constituted Division Bench in the case of Safar Ali Miah Vs. Badsha Siddiq..Category: Civil Law | Date: | Hits: 100
Maudud Vs. State, 1998, 27 CLC (HCD)
....to seven years RI on 29-4-97 having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for the possession of a “dagger” for which the appellant was found guilty. R......of (a) cannon, (b) articles designed for torpedo service (c) rockets, or (d) machinery for the manufacture of the arms or ammunition, (e) continuous fire arms may be granted in Form No.1 only by the Government. Rule 31 provides that a licence for the possession and use of military stores may be gran..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....rst time, got knowledge of the said suit and on enquiry became confirmed of the said matter. 4. The learned Assistant Judge rejected the said application by the impugned order dated August 2, 1993 holding that the defendant Nos. 1, 2 and 19 have been contesting the suit and the transfer made by t......ion 151 of the Code of Civil Procedure to be impleaded as defendants in the suit raising the contentions that the transferor-defendants having extinguished their right, title, interest and possession over the suit land by way of different sale deeds in their favour, they are not interested to procee..Category: Procedural Law | Date: | Hits: 74
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....in should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to place District Judges and other Judicial officers holding the rank of District Judges on a par with the holders of constitutional posts and above the ......0); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 SC 416; Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Retired Government Employees' Welfare Association Vs. Bangladesh, 46 DLR 426: Kazi Mukhlesur Rahman Vs. Bangl..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....therein, I consider it necessary to state my views in a separate judgment. 2. The Dacca Municipality assessed the annual valuation of the building of the appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/-......ra Shaba and others……………………Respondent Judgment May 23, 1978. Result: 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 a..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... of a citizen, the Court is obliged to decide whether the observance of the principles was necessary for a just decision, in the facts and circumstances of the case. The High Court was wrong in holding that just because the licence was subject to condition the licence could be penalised withou......inafter called the Ordinance as a non-profit making concern having the main object of doing the business of weighment/measurement of various articles of import and export by private individuals. The Government granted the licence required under section 3 of the Ordinance on due approval of the Memor..Category: Business or Commercial Law | Date: | Hits: 208
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....najpur. On transfer, the appeal was heard and disposed of by the then learned Subordinate Judge (Artha Rin Adalat), Dinajpur, who by his judgment and order dated 09.03.1998 dismissed the appeal upholding the judgment and decree of the trial Court. 7. Being aggrieved by and dissatisfied with t...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur……………………..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....9,235.03. 3. These suits were decreed and consequently plaintiff filed the aforesaid execution cases. 4. In the aforementioned Artha Jari Cases opposite party No.1 filed application for staying holding of auction sale and opposite party No.1 having appointed as receiver by Bankruptcy Court, ......of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751 wherein similar question was posted and it was held that the provisions of one special law cannot over-rided the provisions of another special law as such, transfer of a case filed under Artha Rin A..Category: Procedural Law | Date: | Hits: 126
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....he properties in question were abandoned properties within the meaning of the President's Order No.16 of 1972. 4. A Bench of the High Court Division, which heard the Rule, discharged the same on holding that the ownership of the Industrial Unit concerned continued with the Buxly Paints (Pakis......y Paints (Bangladesh) Ltd., is a public company incorporated on 15-2-71 in East Pakistan having its registered office at Chittagong and one of the objects of the company was to acquire and take over from Buxly Paints (Pakistan) Ltd. which was a Company incorporated in Pakistan, all or any of..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....6 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in......rcibly entered into the huts. The learned Judge of the High Court was wrong in holding that the respondents had a bona fide claim of right and that the said claim was not a mere cloak or pretence to cover the real intent. In support of this contention the learned Counsel referred to the relevant fin..Category: Criminal Law | Date: | Hits: 94
....it petition No.22 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years ......leged that no opportunity was given to him to adduce oral evidence. However, the appellant was placed under suspension by an order dated 25.7.73 with immediate effect. Thereafter on 26.11.73 the Government dismissed the appellant with effect from 25.7.73 on the basis of recommendation of the Scr..
Category: Employment/Service Law | Date: | Hits: 107
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....lication under Order 17 Rule 1(4) of the Code of Civil Procedure praying for disposal of the suit. But the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were not directed to pay the adjournment cost of Tk.200/- within any spe......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..Category: Procedural Law | Date: | Hits: 75
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....ties seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, in short, was that they were co-sharers by purchase of the case holding and also holders of land contiguous to the case land. That the opposite party No.3 sold the ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....prosecution. In the context of above, the fact of above reported case, relating to corroboration appears to be distinguishable from the present case. Under the circumstances there is no hesitation in holding that the prosecution has totally failed to prove the recovery of the arms and bullet from th......ce of occurrence, the informant and others arrested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. Af..Category: Criminal Law | Date: | Hits: 92
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....urnish statements of his own properties and the properties standing in the names of his wife, sons and daughters. Accordingly, the convict appellant submitted wealth statement through his wife. After holding the preliminary inquiry it was found that the convict acquired properties in his own name, a......ssued the notice on 18.2.207 on his own, without any satisfaction and decision from the Commission, in violation of section 26 of the Act. The concerned authorities on realizing this error, tried to cover it up by inserting sub-section (2) in section 18 on 18.4.2007, by Ordinance No.VII of 2007. Sub..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... Trial Court hearing the parties by an order dated 6.11.2007 returned the plaint to the plaintiff for presentation in a proper Court purportedly under Order VII Rule 10 of the Code of Civil Procedure holding that since the plaintiff prayed for a decree declaring the agreement for sale dated 4.9.2002...... Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4.9.2002 is still in force. b) Pass a decree of permanent injun..Category: Property Law | Date: | Hits: 85
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