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Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......t be directed to give formal sanction to the proposed plan of the project on the basis of application dated 12‑9‑01 and why the impugned memo shall not be declared as violative of the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts a..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......tition No. 316 of 1995 and in disregard of the interpretation given by it on 30.12.1990 reiterated the same as aforesaid on 18.9.94, by the impugned order of interpretation dated 27.9.98, the vestedrights of seniority of the writ petitioners recognised in the gradation list published in Banglade..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ...... to RAJUK, as to the approval of the plan of the building constructed at holding Nos.105 and 106 BCC Road. It has been contended that the applicants are interested parties, inasmuch as their easement rights as to air and light are being affected because of unauthorised construction. It is on record ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....of the sub-projects barren. This appears to be illegal apparently on the face of it. It is admitted that the construction of the project was duly completed by the Petitioner and he is entitled to the contractual amount as stated by the respondent Nos.6, 7 and 3, as such, in the garb of the resolutio......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......nd such order cannot be passed in an application under section 233 of the said Act. The learned Counsel submits that the aforesaid directive of the High Court Division is violative of the fundamental rights of respondent-petitioners Nos. 2 and 3 as the said Article prohibits any compulsory sale or p..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ...... the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaranteed by Articles 27, 31, 40 and 42 of the Constitution and why the respondents, should ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......ing for the writ petitioner, taking us through the writ petition and the Annexures thereto, submitted that the petitioner No. 1 is a non-profit NGO, providing legal assistance in protecting the legal rights of the people, and being concerned with the sale of edible salt without or inadequate iodine ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......such she cannot be punished for the alleged wrong, if any, committed by the Government. We like to add in this connection that the actions of the State should generally be in favour of protecting the rights of i.e citizens and should not, in the state of affairs as in the instant case, be aimed at c..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......bmit that the petitioner does not come within the purview of the definition of citizen as provided in the Citizenship Act and that the petitioner not being a citizen of Bangladesh, has no fundamental rights under the Constitution of Bangladesh and, as such, the instant Writ Petition is not maintaina..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......ar Hossain Choudhury, in short, is that said land of CS plot 609 of CS khatian No.202 19 as subsequently recorded in RS plot No.460 of RS khatian No.449 as waqf. Subsequently, in SA, and BS record of rights said land was recorded as waqf. The beneficiaries raised never ever any objection thereto. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......on to grant registration and licence to the aforesaid Trawler of the petitioner is, apart from being contrary to the provisions of the aforesaid Ordinance and Rules, also violative of the fundamental rights of the petitioner guaranteed under Articles 27, 31 and 40 of the Constitution. 9. The le..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......erred this appeal on the ground that the impugned judgment and decree is not sustainable in law. That the learned Subordinate Judge failed to consider the bainapatra, (Exhibit 1) and to determine the rights and obligations thereunder. That the bainapatra was not executed in between the plaintiffs an..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......egorical and specific. 20. In acquisition of ownership the maxim "qui prior est tempore potior est Jure " (whoever is prior in point of time has priority in law) applies. So, where two rights or title conflict the earlier prevails unless there be some reason to prefer the latter. Owne..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......egistered deed of sale being No.6959 dated 7‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......ed judgment under review in that the effect of unifying the two services pursuant to Unification Rules. 1992 and issuance of the notification dated 4‑4‑1994 has in no way violated the fundamental rights of the appellants' as guaranteed under the Constitution nor do they have any relevance whatso..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......ferred to the case of Abdur Rabban Vs. Aminul Hoque Sowdagar and another reported in 43 DLR (AD) 19 wherein it has been observed with the passage of time, question of limitation and accrual of vested rights step in and the High Court Division correctly rejected the application for amendment of the p..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... to remove their assets appertaining to the mines within a fortnight whereupon the respondents filed an application for a writ of mandamus. The High Court declined to investigate and pronounce on the rights of the parties and expressly kept the determination thereof in abeyance in the suit propose..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ither by BIWTA or the Government. That the contract not having provided for price adjustment and the respondents having no other legal obligation arising out of any commercial contract other than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant......alistic and baseless claim. 6. In order to appreciate the argument of the parties clause 1.1 of the guidelines is quoted as under: Clause 1.1The purpose of these guidelines is to inform rights those arising out of a project that is financed in full or in part by a loan from the Interna..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......e relationship of employer and employee exists or arises does not thereby become an industry as commonly understood. We hardly think in terms of an industry, when we have regard, for instance, to the rights and duties of master and servant, or of a Government and its secretariat, or the members of t..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......3. 8. Mr. MI Faroqui, the learned Counsel appearing for the respondent No. 1, has submitted that Jalil Brothers Engineering (Pvt.) Limited, incorporated in the then West Pakistan, abandoned its rights in the goodwill and other merchandise goods including the right of monthly tenancy and accord..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
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