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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......h his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the rent becomes due. If the landlord refuses to accept any rent offered within the period mentioned and if the money order so remitted is returned to the tenant by the postal authorit..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......t service of notice prescribed by law and he was convicted under section 19(f) of the Arms Act and sentenced to rigorous imprisonment for 10 years. As he could not file an appeal within the statutory period, he filed a petition for quashing of the conviction and sentence by filing an application und..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......n the verbal request of the petitioner who willingly acquiesced in the retirement and accepted gratuity money to which she was entitled and as such the petitioner has waived her right, if any, to the period of superannuation and she is, therefore, stopped from challenging the impugned order either b..Category: Employment/Service Law | Date: | Hits: 88
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....Court. On the failure to deposit the money, he continues to argue, the written objection was rejected. I also find from the record that the appellant did not deposit the amount as directed within the stipulated time. Therefore, this contention of the appellant also fails. 11. Mr. Rafiqul Haque ci......ecord I find that notices were duly served upon the appellant. From the order‑sheet of the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.467 of 1982 I find that within the prescribed period of Limitation as contemplated under section 58 of the Limitation Act no such objection was fi..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......dian decision in the case of Puran Singh and others Vs. State of Punjab reported in (1975) 4 SCC 518 wherein it has been observed that the settled possession must be extended over a sufficiently long period and acquiesced in by the true owner. In paragraph No.12 of the said decision, it has further ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......me part thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. “(2) In such case the Court sha..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......to withdraw this writ petition, but it has not also been so done. 4. On the other hand, respondent No.3 has filed an affidavit-in-opposition stating that on failure to have the approval within the period of three years the respondent No.3 had to cancel the said tender proceeding. It is further st..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......cluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed staying the impugned order but it was later modified b..Category: Trust/Waqf Law | Date: | Hits: 157
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......he recording of the confessional statements and, as such, the learned Additional Sessions Judge came to the conclusion that the confessing accuseds must have been under the police custody during this period. Under these circumstances we hold that the confessional statements were not voluntary at all..Category: Criminal Law | Date: | Hits: 62
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
..... Monwara Akmal Khan appointed the petitioner Majiruddin Ahmed as Arbitrator for purchasing house No.67C, Asad Avenue, Mohammadpur, Dhaka at a sum of Tk. 3,50,000.00 on certain terms and condition as stipulated in Annexure‑A. The petitioner took about Taka two lacs fifty thousand on various dates ......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......ty Attorney‑General then endorsed the matter to the learned Assistant Attorney‑General (Civil) who, received it on 6.1.90 and prepared the memo of appeal on 7.1.90. But in the meantime prescribed period for filing appeal expired on 4.1.90. Petitioner presented the memo of appeal in the filing se..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......e lessees under the Government with regard to the enemy property as lessees from year to year. Now the question is whether the petitioners who had limited interest as lessees only for certain limited period of time can obtain a decree for permanent injunction. It seems to me that the finding of the ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......arty No.2. All the co-sharers of the entire land amicably are in possession as per their convenience. 4. Opposite Party No.1 pre‑emptor has been residing in Qatar, Middle East for considerable period of time in connection with his service and in August, 1977 he came back to this country and o..Category: Property Law | Date: | Hits: 72
Category: Property Law | Date: | Hits: 91
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......on and letting out the shops and stalls in the market”. Facts of that case are that a company took on lease a market place in the City of Calcutta from its owner on monthly rent of Rs.3,000/- for a period of fifty years. The company then spent Rs. 5 lacs for remodelling and reconstructing the stru..Category: Fiscal/Taxation Law | Date: | Hits: 88
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......l Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorous imprisonment for a further period of 3 (three) months. 2. The prosecution case, in short, is that the informant and Md. Quam..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... ended on 31-3-57 which commenced from 1-4-56. Consequently under section 28 it has to be completed within four years from 31-3-57 i.e. 31-3-61. The mistake was detected on 25-8-62 that is beyond the period of four years. Section 20(1) permits rectification of “mistake apparent on the face of the ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......526 square metre open space outside the port protected area was concluded in the prescribed form under Rule 163 of the General Rules and Schedules for working of Chittagong port covered storage for a period of 1(one) year from 1-12-2003 to 30-11-2004 @Taka 20+15% VAT per square metre per month signe..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....ent-opposite-party was a defaulter or not. 9. By now it is well settled that once a tenant is found to be a defaulter, he is liable to be evicted. 10. The tenancy agreement between the parties stipulated payment of rent within the 7th day of the next month. It is found by all the Courts below...... of rent within the 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the defendant-tenant is a defaulter for the delay of the sa..Category: Tenancy Law | Date: | Hits: 210
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......twenty-five representatives of registered graduates to be elected by such graduates from among themselves;’ (2) The members of the Senate, other than the student members, shall hold office for a period of three years. The student members shall hold office for a period of one year, but shall con..Category: Election Law | Date: | Hits: 105