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Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......he suit for eviction of the defendants from the suit premises on the ground of default and sub-letting in violation of the agreement of tenancy. The defendants were monthly tenants by sufferance at a rental of Taka 200.00 per month under the original lessor Abdus Sobhan, the predecessor-in-interes..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......ntiff-respondent is that, defendant-appellant was inducted as a periodical lessee in the suit premises for a period of 11 months beginning from 1st day of December, 1983 to October, 1984 at a monthly rental of Taka 800.00 per month by a written agreement on 1.12.83. According to the plaintiff, there..Category: Tenancy Law | Date: | Hits: 87
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....d judgment of the High Court Division with disbelief. Coming as it does from its seniormost bench, it is all the more shocking and disappointing in its language, tone, tenor and views. While it is expected that the senior benches will set an example to others below in showing respect and in adhe......ation be held and charge‑sheet be submitted under section 4 of the Anti‑Terrorism Act." This order was challenged by the appellants before the High Court Division invoking its inherent jurisdiction under section 561A of the Code taking the ground that the Sessions Judge got no p..Category: Criminal Law | Date: | Hits: 98
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......at they were defaulters. The suits were instituted after serving notice under section 106 of the Transfer of Property Act. It was alleged that the appellant Kalu Mondal was in arrear in payment of rent from February, 1971 to April 1972, and appellant Naushad Ali was in arrear in payment of rent ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ngladesh. They arise from six Writ Petitions namely, Writ Petition Nos. 4, 111, 134,847, 1426 and 2181 of 1991, which were filed by some Assistant Engineers of Bangladesh Engineering Services in different Cadres, such as Roads and Highways, Public Works and Public Health, challenging the vires of th..Category: Employment/Service Law | Date: | Hits: 97
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......e environment, emerged as an instrument of exploitation on the behalf of private interests in the garb of "greater public interest and for acceleration of revenue". The right to life inherent in Article 32 of the Constitution clearly stands against such respective actions. The ..Category: Environmental Law | Date: | Hits: 293
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settleme..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......72 (P.O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petition..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed......., 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to pay rent became a habitual defaulter. The plaintiff-respondent issued a notice under section 106 of the ..Category: Tenancy Law | Date: | Hits: 72
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
.... adamant and defiant attitude of the appellant in order to lower down the image, authority, dignity and prestige of the Supreme Court making certain contemptuous statements which is not desired or expected of a chief executive of the police force. 15. Police is an institution and its na......nts Mustafiz and Russel simultaneously murmured "Amago theka pore nai Cout er flag salute deyar”. The said perpetration of reprehensible and horrendous audacity, by flouting, with an apparent sense of impunity, directions stemming from no lesser a body than the Supreme Court, as well a..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Judge of the Appellate Division Mr. Justice MM Ruhul Amin were due to go abroad on the morning of the 6th February 2006 and were thus to remain absent on 6 February 2006 and other four Judges were expected to hear the matter on 6-2-2006. 11. Be that as it may, along with the aforesaid app......ker marfote apnar kache likhe pathalam. Truti khoma karben. Srodhante Nazrul Islam Moni 4-2-2006 12. Thereafter, the Civil Petitions were adjourned on different dates and lastly, were fixed for hearing on 27-3-2006. On 27-3-2006 this Division went throug..Category: Election Law | Date: | Hits: 108
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... the field governs these agencies, regulates their procedure, and confers on them more and more powers, responsibilities and obligations. But the same is not one edged sword, as the citizens are also expected to be responsible and accountable for smooth functioning of the system. 88. A welfare S......ETV -and the impact of the said judgment but writ-respondent No.3 through a letter dated 7-5-2003 bearing Memo No. BTRC/Prosha-DO/2002/333(2) unlawfully rejected the writ-petitioner's application apparently on the ground that Supreme Court of Bangladesh dismissed the review petitions as a result the..Category: Information Technology Law | Date: | Hits: 266
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... Above evidence of PW 1 Jayanta Gope of recognition is corroborated by PWs 2, 3 and 4 This PW 2 is the wife and PWs 3 and 4 daughters. At such early hour, none but those inmates of the house could be expected to witness the occurrence. PWs 2, 3 and 4 corroborating PW 1 in recognising and identifying......the Penal Code and sentenced to suffer rigorous imprisonment for two years and a fine of Taka 1,000, in default, to suffer rigorous imprisonment for two months more; both the sentences to run concurrently, and co-accused Shajal Gope was acquitted. 4. The learned Sessions Judge made reference..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......he said company became defunct and the then Government of East Pakistan, filed three certificate cases Nos. 3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said company for realisation of arrear rent by putting the suit property in auction; that the plaintiff-respondent being the highest bidd..Category: Property Law | Date: | Hits: 66
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
...." "work done approximately 34%". There is no misreading of the running bills at all. The Arbitrator has also taken into consideration the rate of progress of work as maintained by the respondent, the expected progress of work and the convention of deducting 10% from the running bills and coming as i......ally on no evidence and on pure guesswork, his labour cannot be allowed to be wasted on a critical analysis of his method of reasoning. It was perfectly possible for another Arbitrator to take a different view of the quantum of earth already cut but as long as the Arbitrator's finding is based on th..Category: Alternative Dispute Resolution | Date: | Hits: 202
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new transferees of the suit land are unlawfully creating dis..Category: Property Law | Date: | Hits: 67
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......posed of analogously. 2. The two plaintiff-respondents filed Title Suit No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case that in respect of the ..Category: Property Law | Date: | Hits: 67
.... a transaction, it will be the normal and reasonable expectation of a purchaser that he will be able to run the Industry after purchasing it from the Government. In such a situation the appellant was expected to take a reasonable view in the background of the case that when the Ministry of Industrie......e (Disinvestment) Board further decided that the matter of extension of lease will be taken up between the Ministry of Industries and Ministry of Defence in 1983 which is the year of expiry of the current lease."
20. The appellant took possession of the lands measuring 3.28 acres and all the ..
Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... sweeping and disparaging remarks against the law makers. The judicial pronouncement must be judicial in nature and should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments.......ons (respondents Nos. 1‑5 in this leave petition) and sentencing them to transportation for life under section 366A/109 of the Penal Code read with section 4(a) for the Cruelty to Women (Deterrent Punishment) Ordinance No. LX of 1983. The appeal was allowed and all the accused persons were..Category: Criminal Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......and 2 originally belonged to Sadaruddin, father of Khalil Patwari and Jinnat Ali on the basis of kabuliyat dated 8th Jaistha 1288 BS; that the landlord auction sold the said holding for arrears of rent in Rent Execution Case No. 64 of 1905 and one Kalimuddin auction purchased the same and got de..Category: Property Law | Date: | Hits: 57
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