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Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ts made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint holding that the plaintiff’s suit was within time. 6. Thereafter the defendant has preferred th..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....in the Comilla Bench no Deputy Attorney-General has yet been appointed, but the Assistant Attorney-General Mr. AF.M. Shahid, has been appearing in Death References although. These facts have not been disputed by Mr. Moksudur Rahman. The observation of the learned Judges is, therefore, not based on a...... significance of the word 'bias' is "to devote a departure from the standard of even handed justice which the law requires from them who occuÂpy judicial office or those who are commonly regarded as holding a quasi-judicial office, such as an arbitrator". It is well settled that not only bias, even..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......tion under Section 34 of the Ordinance was not maintainable.
The Labour Court, of which Respondent No.1 was the Chairman, and Respondent No.2 and 3 were two other members, made an order on 18-4-73 holding that the said application was maintainable under section 34 of the Ordinance.
4. Appellan..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......recting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner, or (II) requiring person holding or purporting to hold a public office to show under what authority he claims to hold that of..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
...... to act contrary to the expectation by statute (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL E R 249). Threefold justification have been propounded in favour of the negativity. Firstly, holding a public body to an unlawful representation would destroy the ultra vires principle by permi..
Category: Civil Law | Date: | Hits: 218
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ommissioner of Taxes of the cost of the house, which was made under readÂing and showing the contents of a report of an inspector to the authorized representaÂtive of the assessee? 13. It is not disputed that in the return submitÂted for the year in question the applicant showed cost construct......6 the Deputy Commissioner or Taxes directed Mr. Jalal Uddin Ahmed, an Income Tax Inspector to inquire on the income out of other sources of the applicant and submits detailed report by 29-6-96. After holding inquiry, the inspector submitted a report on 20-7-96. 15. Sub-section (1) of section 83 o..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......Provincial Government. Section 75A was intended to prevent this eventuality and this intention is made further manifest by the proviÂsions of sub-section (3) thereof which provide that if any person holding land in his Khas posÂsession does not wish to retain the same in his khas he may apply to t..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....he parties, perused the application under section 561A of the Code of Criminal Procedure and subseÂquent supplementary affidavits which became the part of the application. The FIR, charge sheet, the disputed order of sanction, 161 and 164 statements of some of the witnesses which have been annexed ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....r, UNO Shibganj, OC, Sadar and Shibganj, Bogra to stop and ensure all kinds of construction works at the Mahasthangar Ancient Monument area and at present no such construction work is going on at the disputed place. The respondent No. 3 himself is visiting the place regularly.
11. Fulltime police......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......f nonÂparty caretaker Government was incorporated in the Constitution by necessary amendment and since the impugned Act did not amend Articles 48 and 56 of the Constitution there was no necessity of holding a referendum as contemplated under clause (1A) to Article 142. It is further contended that ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......t the prosecution has proved beyond reasonable doubt through P.Ws. 1, 2, 3, 9 and 10 that the condemned‑prisoner was a boarder in room No.14 and he himself unlocked the room No.14 by the key he was holding wherefrom the heroin was recovered by the Narcotics Control personnels in presence of the wi..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....nd constitutes criminal liability as well and that both civil and criminal liabiÂlities may co-exist and these two liabilities are not mutually exclusive. 5. In the instant case the facts are not disputed. In connection with a criminal case under section 379 of the Penal Code, the tractor in que......contended, and he would be liable to pay the penalty mentioned in the bond. The High Court Division, by the impugned order dated 28 May 1982, dismissed the applicaÂtion for quashing the proceedings, holding that independent of the forfeiture of the bond the appellant is also liable to criminal proÂ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... the appellant moved the High Court in its writ jurisdiction challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the Special Powers Act, the provisions of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......the kabala for reconveyance were genuine still there would be no difference and that the right of pre-emption would not be defeated by the re-sale because, in their opinion, as soon as the share of a holding is transferred a co-sharer tenant has got a statutory right to pre-emption which remains una..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... resulting from the news paper’s critical stance against the imposition of emergency. 60. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister’s ..Category: Criminal Law | Date: | Hits: 133
....vernment excepting in accorÂdance with the procedure laid down in the said Order or under any other statute which may enable the Government to do so. Simple as this proposition is which is not also disputed by any one, the real question is whether this can lead to the inference that the Government......e High Court was not conceded to by the learned Judges, the Deputy Attorney-General who appeared for the Government, could not place the relevant files of the Government to explain the necessity for holding up the delivery of the possession of the respondent’s firm. He further submitted that as t..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ed by a kabuliyat with an annual rent reserved. 12. The next case cited is Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593. In determining the validity of a notice to quit for ejectment of a tenant holding under a monthly tenancy terminable on the fifteenth day of each successive month, it was hel..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....D) 205. In the reported case it was held: “In the instant case suit is in essence and substantially a suit by the landlord for ejectment of his tenant. In such a case the question of tide to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by t......eir case while the defendant examined 8 D.Ws. and having considered the evidence on record the learned SCC Judge by judgment and order dated 30-6-87 returned the plaint for filing in the proper Court holding inter alia that he defendant did not attorn the plaintiffs as his landlords, that there was ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....ection 3 of the Act, with the notification made in the Official Gazette all rent receiving interests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving interest of all rent receivÂers in Bangla......dlord and tenant ceased with the acquisiÂtion of rent receiving interest under the Act. Thus with the severance of landlord and tenant relation, the decree-holder ceased to have his right to put the holding to sale under the Bengal Tenancy Act. But his right to proceed against the judgment-debtor r..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
.... whole object of the prayer for amendment of the decree is to delay the proceeding. 6. The proceedings in a partition suit subsists till passing of the final decree. By the preliminary decree only disputed question of title, if any and extent of share of the parÂties along with the question of p......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the obÂservations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
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