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Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....usband to the wife. It is admitted by the opposite party that there is no Kabinnama of the marriage. In the absence of a Kabinnama the question of registration of the marriage though it has been made mandatory under section 3 of the Muslim Marriages and Divorces (Registration) Act, III of 1974 arise......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... Article 34 of the said Order and Rules framed thereunder, the BSRS had the exclusive jurisdiction to sell the mortgaged properties outside the Court and Article 3 of the said Order provides that the provisions of the BSRS Order will have effect notwithstanding the provisions of any other law; that ..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......n admitted fact that an area of 32.50 acre of land including the disputed land was requisitioned by the respondent No.2 Deputy Commissioner, Dhaka on 10.4.1950 in LA Case No.29 of 1949‑50 under the provisions of section 3 of the East Bengal (Emergency) Requisition of Property Act and subsequently ..Category: Property Law | Date: | Hits: 121
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....f the application. Can it be said then that without hearing the application the questions are to be decided? Our answer is in the negative. Although on a cursory view of sub‑section (5) seems to be mandatory in nature so far as the decision of the High Court Division is concerned. But how the High......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...Category: Fiscal/Taxation Law | Date: | Hits: 164
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428....... 3. The defendants appeared in the suit and riled an application under Order 7 rule 11 of the Civil Procedure Code praying for rejection of the plaint on the ground that the suit was barred by the provisions of Arbitration Act, 1940. It is stated in the application that the petitioner‑defendant..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ession or occupation, and to conduct any lawful trade or business." Mr. Hussain submits that the petitioner’s right to the property has been violated by the respondents acting contrary to the provisions of rules and natural justice, entitling the petitioner to approach this court for redress..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....iscussion, possibly because this point was not seriously agitated before him". 9. It is however contended on behalf of the petitioner that the impugned order has been passed in violation of the mandatory provisions of section 4(2) of the said Ordinance in that the order does not contain any di......accordingly allowed the appeal and set aside the order of the authorised officer with the observation that the appellant Abdul Baten is entitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑paymen..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... (f)……………………………… (g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank thereof." 8. From the provisions of clause (g) it appears that for merely taking a loan, a loanee cannot be said to be dis..Category: Election Law | Date: | Hits: 216
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effect notwithstanding anything contained in any other law for t..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....counting the time of one year from the holding of the last annual general meeting and rescheduling thus, cannot but be referable to section 76(3) of the Companies Act, where one year provision is mandatory. There is no other provision in this regard in the Companies Act itself. He has further ......da but ignoring the said legitimate objections, the respondent No.2 served a notice for holding of the Annual General Meeting of the company for the year 1985 on 28.2.88 in gross violation of the provisions of section 79 of the Companies Act, 1913 and the Articles of Association of the respond..Category: Business or Commercial Law | Date: | Hits: 352
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......y the Revenue Officer under section 88A of the Bengal Tenancy Act. The question arose whether the order of the Revenue Officer could be held to be without jurisdiction for non-compliance with certain provisions of section 88A of the Bengal Tenancy Act, in a collateral proceeding pending before the C..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......inst such an order of remand under section 104 of the Code of Civil Procedure read with Order 43 as the second condition referred to above would not be fulfilled. 15. We are not aware of any other provisions of law by which an order of remand has been made appealable. Mr. Nizamuddin Haider, and M..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... to the contention of Mr. Mokbul Ahmed "The defendant Port Trust is not even required to take up the defence that no notice under section 109(1) has been served. It is also not competent to waive the mandatory requirement of notice." 7. It was contended by the learned Advocate for the respondents...... cargo it was the duty of the consignee to locate the same following nil mark procedure and the consignee not having been done so his client has no responsibility for the loss of goods in view of the provisions of sub-rules (f) and (g) of Rule 64 of General Rules and Schedules for Working of Chittag..Category: Business or Commercial Law | Date: | Hits: 397
....otice under Section 3 was published; the proceeding is absolutely without jurisdiction.
9. We find substance in the contention of Mr. Abdur Rashid. The provision of Section 15 is not directory but mandatory. Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Sectio......No.3. It has been stated that the Executive Officer of the Kishoregonj Sub-Divisional Multipurpose Society by a memo dated 17.11.80 submitted a proposal for acquisition of the disputed land under the provisions of Ordinance No. II of 1982. This very statement is a contradiction in terms, because the..
Category: Property Law | Date: | Hits: 116
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......105 of the Transfer of Property Act and, as such, statutory notice must be given under section 106 of the Transfer of Property Act for termination of tenancy. The landlord should comply both with the provisions of section 106 of the Transfer of Property Act and also with the provisions of the specia..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... period of about 14 years and whether the period of limitation will be guided and governed by either Article 181 of the Limitation Act or under section 48 of the Code of Civil Procedure. 6. The provisions of Article 181 of the Limitation Act or section 48 of the Code of Civil Procedure, in my ..Category: Property Law | Date: | Hits: 94
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......e", which has been substituted therein by section 4 of the Local Government (Upazila Parishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a C..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... and 21 of the Act read as under:- "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908, to all original suits for the time ..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458....... Auditor and Superintendent (AG) under the Ministry of Finance. Hence the petitioners scale should be upgraded but by refusing to upgrade the respondents have been discriminatory and violative to the provisions of equality before law and equal protection of law. 12. He also submitted that even th..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Motijheel Police Station under sections 420/467/468/471/511/109 of the Penal Code read with section 5(2) of Prevention of Corruption Act, 1947 (Annexure-B) against the petitioner in violation of the provisions of section 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court..Category: Criminal Law | Date: | Hits: 89
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