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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....he Republic and all of them are getting remunerations and other benefits from the exchequer of Bangladesh. Though the President is elected by the members of parliament, yet all his constitutional and legal functions may be construed as rendering services of the Republic and in that sense President, ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....ave is, therefore, granted to consider on additional grounds as under: "I. Because the suit land having been acquired and having been notified in the gazette dated 22nd April, 1961 and there being legal bar in challenging acquisition by filing suit and the trial Court and the High Court Divisio...... the judgment passed by the Division required to be reviewed." 7. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. The parties are directed to maintain status quo till disposal of the appeals. The appellants are directed to file concise statements w..Category: Property Law | Date: | Hits: 57
.... an additional amount of TK. 4,70,000.00 to it for releasing the same but the writ-petitioners did not deposit the said money paid by the auction purchaser. The impugned order did not suffer from any legal infirmity and as such, the Rule was liable to be discharged.
7. A Division Bench of the Hig...... provisions of the Artha Rin Adalat Ain, 2003.
13. Security of TK. 1000.00 is to be deposited within one month.
The preparation of paper books is dispensed with as prayed for.
The order of status-quo granted earlier shall continue till disposal of the appeal.
The appellant shall submit..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....a respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction to restore back possession of the ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... accept TK. 3,00,000.00 within 1(one) month from the date of execution of the sale agreement as per the undertaking, the plaintiffs through their learned Advocate, Mr. Rafiqul Islam Mukul, served a legal notice asking him to accept TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute an...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal of the Rule, are that the peti......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....espondent No.7 asking Mr. Faruk Ahmad Khan, Metropolitan Magistrate to be present in the said Association's canteen should not be declared to have been issued without lawful authority and to be of no legal effect. The petitioner prays for declaration that h respondent Nos. 7 and 8 being Magistrates ......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....h and honestly before a wrong forum would not be available and it would not also be available if the review petition itself does not contain the grounds on which a review is competent. This is the legal position in this regard and in support of this a number of decisions both of the Indian Jurisd......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....ng upon the Respondents to show cause as to why the Memo No. sha-10/shuko-73/79/293 dated 17.4.85 contained in Annexure 'G' should not be declared to have been made without lawful authority and of no legal effect. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is a law g......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....ndents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....ischarged for want of evidence the said order would be presumed to be an order of acquittal of the present petitioner also as such the present proceeding against the accused petitioner suffers from a legal bar. He lastly submitted that in the instant last FIR the allegation is that of killing by sho...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....w cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or trans......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
.... any act done or proceeding taken by a person performing functions' in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect." 9. From the provision referred above petitioner who filed appeal before the Respon......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
.... equal work for both men and women." (Ibid. P. 1508). 60. HM Seervai in his Constitutional Law of India, Third Edition, Volume 2 at page 1601 comments, "It is obvious that Article 37 confers no legally enforceable rights on anybody, and imposes no legally enforceable duty on the has been sai......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....ment Md. Mozammel Hoque J.- The plaintiff instituted the present suit for the following declarations: "(a) a declaration that the declaration of General Average by the Principal Defendants is illegal and not binding on the plaintiff and/or anybody; (b) a declaration that the plaintiff is no......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....a sudden the authority placed her under suspension on 20.02.2007 and served a show cause notice upon her asking to explain as to why appropriate punishment should not be awarded to her for taking illegal gratification to the tune of Tk. 3, 00,000/- (three lac) from one Dipaon Shaha for securing ......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
.... holding that after acquisition of the suit land by the Government in accordance with law and handing over the same to the requiring authority namely, Directorate of Housing and Settlement, Dhaka, no legal or vested right can accrue in favour of the original owner or the plaintiff-the alleged purcha......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....espondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was serving under the respondent No.......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ls and reminders. Fresh charge documents were executed in the year 1965 and also in subsequent years. But the outstanding loan amount was not paid by the defendants. The plaintiff thereafter served a legal notice and ultimately filed the suit for recovery of the said outstanding loan amount with int......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....rmant tried to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have already noticed that in this case the informant himself gave differe......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
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