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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....ud with Kazi Zinat Haque, Advocates ‑ For the Petitioners. Abdur Razzaq, Advocate ‑ For the Respondents. Writ Petition No. 1344 of 2002. Judgment Zinat Ara J. - This Rule is about the legality of the two tender notices published in the Daily "Dinkal" on 2‑2‑2002 and 27‑2‑2002......Authority should appoint an employee following the said Regulation. However, admittedly, the petitioners were not appointed in accordance with the Regulations. Thus, a question arises as to the legal status of their appointment. So, let us examine the Civil Aviation Authority Ordinance, 1985. Sec..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....tion with Coast Marine Line Ltd. He saw the signature on the Memorandum of deposit of title deed and that was not the signature of his wife. That was created by the bank. The bank withheld the deed illegally. They suffered heavy loss for want of the deed. He could not do business nor develop the lan......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. Lalu Mia, 39 DLR (AD) 117. We find no reason to depart from the principles of law as above in the absence of legal evidence to contradict the portion of the confession, which supports the defence. We also find......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
.... 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue summons/notice of said bankrup......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....f Councilor from Ward No.2, Narayangonj City Corporation, Narayangonj before the Deputy Election Commissioner and Returning Officer, Narayangonj City Corporation Election-2011 after observing all the legal formalities. On 4-10-2011, his nomination paper was rejected on scrutiny by the Deputy Electio......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... same for "insufficiency of fund". The respondent informed the petitioner about the dishonour of the cheques but did not receive any staisfactory answer. The respondent No.1 through his lawyer served legal notice dated 14-6-2007 upon the petitioner but instead of replying to the notice the petitione...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....o barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have any legal effect and for this reason the suit is liable to be dismissed. The suit property was leased ou......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
....6 terminated employees had preferred Writ Petitions against the said order of termination. A Division Bench of this Court passed a common Judgment on 26-8-2003 declaring the order of termination as illegal and void. Against the same Judgment BJMC preferred Civil Petitions for Leave to Appeal Nos.354......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
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Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....h, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an error of law resultin......f the BT Act reads as follows: “Where a raiyat or an under-raiyat holds his homestead otherwise than as part of his holding within the same village or any village contiguous to that village, his status in respect of his homestead shall be that of a raiyat or an under-raiyat according to the sta..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......abed Ali Sarkar and others in respect of the land appertaining to aforesaid CS Khatians. In OC Suit No.45 of 1994. Learned Assistant Judge passed an order on 17-3-94 directing the parties to maintain status quo in respect of the suit land. In spite of the fact that the parties were litigating in the..Category: Property Law | Date: | Hits: 75
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....nd, on 9‑1‑92 defendant Nos. 1 to 8 dispossessed him therefrom. Hence, the suit. During the proceeding of the suit, on 10‑4‑96 Obaidul Islam died leaving the present plaintiffs as his only legal representatives. 7. Defendant No. 14 contested the suit by filing a written statement denyi......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... a convicted person in appeal or in revision. A Revisional application is moved under section 435 read with section 439 of the Code of Criminal Procedure. Under section 435 this Court is to see the legality or propriety of any finding, or to see the regularity of any proceeding of such inferior Co......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....e argued that the offences punishable under section 156 of the Customs Act which is not in the schedule to the Special Powers Act is not triable by the Special Tribunal but the Special Tribunal illegally took cognizance of the offence under section 156 of the Customs Act and also framed charge......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
.... Article 4 of the President’s Order no.12 of 1972 reads as: “Notwithstanding anything contained in any other law for time being in force, in computing the period of limitation describe for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day ......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
.... the respondent No.2 guilty of the charge. The petitioner-corporation on the basis of the inquiry report directed the respondent No.2 to refund the amount of Tk. 12,032/- within 15.2.83 failing which legal action would be taken against him. It was contended by the petitioner-corporation that the ord......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
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Category: Labour and Industrial Law | Date: | Hits: 166
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her from her mother Rabiya Khatun. 3. The defendant Nos. 12-18 contested......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....ling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is an Ex-Mujibnagar employee.......y and re-organisation of its staff including the fresh appointees in the service of the Republic by the Mujibnagar Government, commonly known as Mujibnagar Employees, which unequivocally accepted the status of the Mujibnagar Employees to be and to have always been in the service of the Republic, too..Category: Administrative Law | Date: | Hits: 183
....ation of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor it was acted upon.
...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....nd for the reason that the cheque was dishonoured. It is the common knowledge that a prudent businessman will never issue a cheque of which he has a knowledge that it will be dishonoured and call for legal action to injure his reputation or his business goodwill. Merely a solitary instance where a c...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
.... Rin Adalat resorted to the provision of section 476 of the Code of Criminal Procedure by filing a complaint against the opposite party before the learned Magistrate. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify in......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
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