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....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
...... stated that the Government of Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plaintiff firm under control and management of the Bangladesh Steel Mills Corporation and accordingly an application for amendment of the plaint for replacement of the words "Bangladesh...... 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same.
2. The suit was filed on 19-2-......hid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same.
2. The suit w..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 .......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......ppreciation of the point involved in the case, the relevant portions of the Annexure ''A" to the plaint are quoted below:— 'WHEREAS THE FIRST PARTY having been seized lawfully with the Loobacherra Tea Estate, situated under Police station Kanaighat. Sub-Regis-tar'..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....sidering the facts and circumstances of the case and my discussions above, I hold that the lower Appellate Court committed an error of law in its decision resulting in an error occasioning failure of justice in setting aside the judgment and decree of the trial Court and as such the judgment and dec......e plaintiff filed an application under section 54 of the State Acquisition and Tenancy Act which was registered as Mutation Case No.193G/75‑76 in the Office of the Circle Officer (Rev) Gournadi and accordingly, a separate khatian was opened with regard to Ka schedule land. Since then he has been p......pazila Nirbahi Officer and another………………...Opposite Parties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Chand Mia being d......application and obtained the present Rule. 5. At the very outset it has drawn my attention in this case as to whether the institution of the VP Case No.142 of 1980 was maintainable in the eye of law. The Defence of Pakistan Ordinance and Rules came in the year 1965. The Defence of Pakistan Ordi..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......s should have been treated as suit for the purpose of determination of the question and the learned District Judge had no jurisdiction to debar the petitioner from adducing evidences and taking steps according to the provision of Order 12, rule 4 CPC which is applicable in the trial of civil suit. M......Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order 12, rule 4 of the Code of Civil Procedure f......earned District Judge, rejected both the petitions and against the said order the petitioner obtained this rule. 4. The relevant portion of the order dated 20.3.69 is as follows: “The learned lawyer, appearing on behalf of the OP argued for rejecting those two applications. He has submitted ..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
......sation. Moreover, the finding of fact arrived at by the Labour Court could not be challenged in this case. In view of the above, we find that there is no substance in this petition.
The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to cost......sed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.
2. The facts giving rise to this petition may be stated briefly hereunder:
"The respondent No. 2 was employed as a......e with the company forthwith under Section 19 of East Pakistan Employment of Labour (Standing Orders) Act.
You will be paid ninety days salary in lieu of notice and other benefits as provided n law. You may collect your dues from the office on any working day.
For Khan Brothers Ltd,
..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....-divisional Magistrate. In this connection, he relied upon the case of Chand Shah vs. Crown 8 DLR (FC) 24. It has been observed in this case that it is an essential condition of the administration of justice, in a case affecting an individual or individuals, that the persons concerned should submit ......hearing some of the signatories therein the learned Sub-divisional Magistrate was of the opinion that a proceeding should be drawn up against the petitioners under section 107 Cr.P.C; and he directed accordingly. Nor can it be said that the petition before the learned Sub-divisional Magistrate relat................Petitioner Vs. Tobarak Majhi......................Opposite Party Judgment September 15, 1970. Result: The Rule is discharged. Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Begum (1961) 13 D......ment of the Court observed that there could be no doubt that Magistrates exercising the jurisdiction conferred on them under section 145(1) were expected to comply strictly with the said provision of law, but to say that a failure to follow the prescribed mode must render the exercise of the jurisdi..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....hough they claimed to be the eye-witnesses, erred in law in convicting the accused appellants on the view that they were at least corroborative witnesses and this error has resulted in miscarriage of justice. The learned Advocate has contended that such a view is not permissible in law because if th......he information was lodged. It has been seen that the names of the accused persons were not disclosed in Ext. 1. It has also been noticed that the main person alleged to have recognised the murderers, according to the statements in Ext. 1, was Aftain Bibi the mother of Israk. She has not been examine......another…................Appellants Vs. State..............................Respondent Judgment August 7, 1970. Result: The Appeal is allowed. Cases Refereed to- Khairdi Khan and others Vs. The Crown, 5 DLR (FC) 185. Lawyers Involved: M Rahman......ime of the occurrence and saw the same. This being the position the defence suggestion that he was not at all present at his house on the day of the occurrence and that he went to visit his father-in-law's house cannot be altogether ruled out as baseless. Therefore, we find it difficult to place..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
...." from 1st of Moharram to 10th of Moharram directing the people not to use caps, shoes, umbrellas, as admitted by the respondents. Thus appropriate direction is required to be passed for ends of justice.
9. Under such circumstances, the learned Assistant Attorney General submits that since......son of the locality involved in drug trafficking and using drugs and narcotics and he raised objection to such activities only to create obstruction in performing Ashura from 1st to 10th Muharram and accordingly on 10-5-2012 the Local Union Parishad Chairman took a decision that temporary signboard ...... Masud Rumy, AAG— For Respondent No.4.
Writ Petition No. 15382 of 2012
Judgment
Mirza Hussain Haider J.— The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the inaction/failure of the respondents to remove the Notice/Signboard put u......hy the inaction/failure of the respondents to remove the Notice/Signboard put up on the road leading to "Sultanshi Abasik Area" Hobigonj Sadar, Hobigonj should not be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should n..
Category: Property Law | Date: | Hits: 0
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......sment year 2011-2012 under universal self-assessment scheme under section 82BB of the Ordinance. It is also admitted that the DCT accepted the said return and issued acknowledgement receipt accordingly. Admittedly, NBR has not selected the return for audit under section 82BB(3) o...... (HCD) (2016) 91
......s of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15)
it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordinance only wher..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
.... to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appea......ate appearing for the defendant-opposite parties supports the impugned judgment and decree dated 24.8.2009 (decree signed on 30.8.2009) passed by the Court of appeal below which was according to him just, correct and proper. The learned Advocate next in the course of hi......................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) ......ghters, (2) the plaintiff adduced one witness namely P.W.2, Nayeb Ali to prove bainapatro which was not sufficient evidence to prove the bainapatro (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the judgment and decree dated 24.8.2009 (decree signed on 30.8.2009)..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....reach in the Court premises at District Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed finally submits that both the witnesses namely, P.W.1 and P.W.2 in thei......41 Rule 19 of the Code of Civil Procedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing suppl......ip;Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate&m....... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illegally rejected the Misc. Case under Order 41 Rule 19 of the Code..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......ondents Judgment February 11, 2010. Result: The Rule is made absolute. Equality of Opportunity in Public Employment— Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. Persons serving in same category/class are to be tr......aced in the same class or category are to be treated equally and cannot be discriminated merely on the ground of their placement and service in other departments. This is the well settled position of law, having been confirmed through several pronouncement of the apex Court. Consequently, any deviat..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ......efore the decision of the Subordinate Judge of Pabna made on 31st December, 1976 in Misc. Appeal No. 31 and 32 of 1975 must be held to suffer from clear error of Law on the face of the records and is accordingly set aside. The decision made by the 1st Munsiff of Serajgang by Order No. 67 dated 30-4-...... Vs. Abdul Aziz and others…………….Opposite Parties Judgment February 9, 1982 Result: This Rule is made absolute Hindu women's Right to Property Act (XVIII of 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951);......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ...... Vs. State & others..............................Opposite Parties Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside the order of release pa......g, the learned Additional Sessions Judge by his order No.15 dated 8-11-82 directed the Bench Assistant to take steps for publication of notice in respect of the absconding accused as per provision of law as laid down in section 339B of the Code of Criminal Procedure. 4. Thereafter on ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......or Port Trust. They shall be deemed to have been brought on to the permanent cadre of the Port Trust with effect from the dated noted against each on the posts held by them on those dated. They shall accordingly, come within the purview of the agreement entered into between the Chittagong Port Trust.........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is discharged.
Cases Referred to-
A.F.M. Abul Fateh PFS, Ministry of External Affairs, Govt. of Pakistan, Karachi Vs. Pr......ners may hereafter seek their remedy.
6. The learned Advocate for the petitioners submitted that the controversy raised in this present case concerns more with the violation of the provisions of law contained in sections 33-36 of the Chittagong Port Trust Act, 1914 than the violation ..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......aid Jute Press and as such considerable stake has been created in favor of the Respondents in the properties in question. While observing as aforesaid, we are also not oblivious to the situation that according to the present policy of the present Government, Jute Trading in Bangladesh has been taken......March 12, 1975. Result: The Rule is made absolute. Lawyers Involved: Amirul Islam with fsmiruddin Sircar, Advocates—For the Petitioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kaz......2.71 was specifically repealed and all notifications issued there-under were specifically saved. As we have noted earlier, by President's Order No.16 of 1972 issued on 28. 2. 72, a more elaborate law was provided not only for the control and management of the abandoned properties but also for th..Category: Abandoned Properties Law | Date: | Hits: 7
....ion by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notice to show cause agains......nd School, Asad Gate, Mohammadpur. Dacca to be effective from the issue of this order,
and that the said care-taker Body shall perform all the functions of the Governing Body of the said Society according to the provisions Of the constitution of the Society until such time as another regular Go......
March 3, 1975
Result:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, ......r suspending the existing (Governing Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, w..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....tal injury on the abdomen of Sohel. In consideration of the evidence that appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……&helli......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......ip;…………………………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is ......mned cell to the cell meant for other convicts of like nature. Let a copy of the judgment be forwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ...... Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well settled that......ip;Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on..Category: Others | Date: | Hits: 3
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ...... that the Artha Rin Adalat dealt with the matter in accordance with the law neither of Artha Rin Adalat Ain, 2003 nor under the any other law. Although the learned District Judge has the jurisdiction to transfer the Artha Cases from one Court to another Court of competent jurisdiction not under......Adalat Ain, 2003, wherein it has been specifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adala..Category: Banking Law, Civil Law | Date: | Hits: 3
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