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Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....d dissatisfied with the judgment and decree dated 29.2.67 passed by Additional District Judge, 3rd Court Dhaka in Title Suit No.31 of 1960 preferred this Second Appeal. 8. The grounds on which the legality and propriety of the judgment and decree passed by Additional District Judge, 3rd Court, Dh......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....ossession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular Partition Suit if defendant Nos. 8 and 9 are found to have transferred land in excess of their legal share. On this findings the learned Additional District Judge allowed the appeal on setting as...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ppears‑ (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of the jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks f...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....t No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absorb and appoint the petitioner as a......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Category: Employment/Service Law | Date: | Hits: 155
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....hat though the writ petitioner's principal accepted the terms and conditions of the contract but the contract document relates to the forÂeign currency component of the contract and thus there is no legal bar in making payment to the local agent, that the condition for payment of local agent's comm...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....irectorate of Food, Khadya Bhaban, Dhaka imposing penalty for recovery of Tk.1,68, 131.44 from the respondent and the order dated 13-8-2001 issued by present petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitionÂers not......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....eased from Pubali Bank which were mortgaged to the Pubali Bank for the loan taken for the respondent No.2 company. As the respondent No.1 failed to fulfill the terms and conditions of the agreement a legal notice dated 4.2.87 was issued upon respondent No.1. On receipt of the said legal notice the r......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....pugned order of detention by the Government. 5. On the appeal preferred there against the Appellate Division by its judgment dated 28.3.88, however, declared the very detention of the petitioner illegal, mala fide as the same had been made for a collateral purpose. The case has been reported in 4......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding upon the plaintiff and for a mandatory injunction directing defen......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....fs had no locus stand to proceed with the suit as they were neither Directors nor Share-holders. The learned Judges further observed that it would be useless to allow the suit to proceed as it had no legal stand. 14. In the backdrop of the facts and circumÂstances of the case, the findings given...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....m the eviÂdence of P.W. 5, the Investigating Officer it appeared that the relevant cheques were not seized and only counterfoils were seized. The High Court Division held that counterfoils cannot be legal evidence unless the original cheques are proved to be encashed by the accused-petitioner. Acco......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....odown of the plaintiff was closed by the Magistrate under the order of the Deputy Commissioner, Narayanganj and it is the case that the Government through the Magistrate and the Deputy Commissioner illegally broke open the lock of the office and the godown of the plaintiff in the said premises and r......er of Property Act and dispossession or interference with the said possession of the plaintiff during the pendency of the suit is reversible by an order of temporary mandatory injunction by restoring status quo ante or rather the status quo between the parties as existed at the time of institution o..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 1991 reads as follows: ‘‘নà...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....Notification No.500: Saw: Ma (Nira‑3) dated 23.1.91 (Annexure‑A) pending before the Special Tribunal No.3, Dhaka should not be declared to have been taken without lawful authority and to be of no legal effect. 3. In Writ Petition No.947 of 1991 at the instance of Sardar Amjad Hossain (a form......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
.... offence was committed by the petitioners and as such convicted them. 9. On perusal of the impugned judgment and considering the deposition of the prosecution witnesses, we find that there is no illegality in the judgment, however considering the gravity of offence as to be shown from the FIR as ...... of the prosecution witnesses, we find that there is no illegality in the judgment, however considering the gravity of offence as to be shown from the FIR as well as the witnesses and considering the status and the tenure of custody, we like to modify the conviction awarded to the petitioners and re..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....he learned D.A.G. submits that even if it is not disclosed by the witnesses to the I.O. it can be cured under section 537 of the Code of Criminal Procedure and their statement before the Court is the legal evidence and it should be accepted as true. Learned D.A.G. further submits that the number of ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
.... 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civil facilities to the respondent......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....is Case is also Reported in: VIII ADC (2011) 370.......fered with by this Hon'ble Court." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....eing aggrieved by this judgment and order the present petitioner filed First Appeal No. 288 of 2002 before the High Court Division on the main ground that the appointment of the sole arbitrator was illegal and, as such, the award passed by him also was illegal and without jurisdiction. By the impugn......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182