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Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....and waiver and that the deposit of the preemption case king inadequate the preemption case is not maintainable. 6. Being aggrieved, the petitioner has filed this revisional application challenging legality and propriety of the impugned judgment and order. 7 Mr. Md. Fazlul Karim, the learned Ad......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
.... also got no jurisdiction to open the matter again by invoking inherent jurisdiction. On merit, he submits the direction as given by this Division for stay of the execution does not suffer from any illegality in the facts and circumstances of the case as made out in the revision application. 11. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....lion, stationed at Teknaf, Cox's Bazar, and that the petitioner being a Havilder the order of dismissal passed by the Battalion Commander, who being an officer in the rank of Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordin...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....pondent No. 2 stopping the process of the registration of the deed of permanent lease of 1.68 acres of khas land in favour of the writ petitioner shall not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling ......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....aham in plot no. 325 out of .61 acres, i.e. eastern portion of land was possessed by the plaintiff and the western portion thereof are in possession of the defendant No.1. Defendant No. 12 out of his legal necessity, sold .10 acres of land on 12.06.2008 by kabala No. 4778 towards north of his posses......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... No. 2097 of 2007). Judgment ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a ......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...Category: Employment/Service Law | Date: | Hits: 71
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....er of the Executive Body and the latter being a Vice-President. The suits were for declaration that the order dated 17.9.81 of termination of their services were mala fide, without jurisdiction illegal and void as well as for permanent injunction directing the defendants to allow the plaintiff......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....appearing on behalf of the opposite parties faintly submitted that as the learned court on consideration of evidence on record came to a finding that summons was duly served, the order impugned was a legal order and should not be set aside. 4. From reading the Judgment of the Court below and th...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....ecution from the High Court Division. He submits that in the present case no sanction has been obtained from the High Court Division by the prosecution and as such the trial of the appellant is illegal and without Jurisdiction. He also submits that the prosecution at the trial failed to prove th......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....ion of the respondent No. 5 as elected Chairman of the said Union Parishad, despite his being statutorily disqualified, should not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates ......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....at Sonali Bank Ltd. as lender of enterprises of Meghna Group of Industries could not be thrust with loan liability and there was no cause of action against Sonali Bank Ltd. and the plaintiffs have no legal character for claiming the status of declaration and that the plaintiffs in suit did not come ......enterprises of Meghna Group of Industries could not be thrust with loan liability and there was no cause of action against Sonali Bank Ltd. and the plaintiffs have no legal character for claiming the status of declaration and that the plaintiffs in suit did not come with clean hands. 4. Being agg..Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....ate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ........point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....ollowing the principle laid down by the Privy Council in the Colonial Sugar Refining Company case and also having regard to some other leading case, the propositions were expended as under: “The legal pursuit of a remedy, suit, appeal and second appeal are really but steps in series of proceedi......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
....Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....d petitioner by letter dated 3-7-2000 about the said dishonoring of his cheque and demanded payment of his dues but the accused has not paid the complainant’s dues. Thereafter, the complainant sent legal notice to him on 18-7-2000, which the accused refused to receive and, as such, he defaulted to...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....d in Schedule A to the plaint measuring an area of 29.41 acres was never treated as enemy property and that notification No. 6330 EPMC dated 31-7-1965 published in Dhaka Gazette dated 4-11-1965 was illegal, without jurisdiction and not binding upon the plaintiffs. 3. The case of the plaintiff, in...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....hed away money from him and after getting such direction of accused No. 3, the accused No.2 snatched away Taka 300 from his pocket which the accused No. 2 gave to accused No.1 Tarani Mohan Ghosh as illegal gratification. At that time, the persons present protested this sort of behaviour meted out to......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
....udgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s Union vide Memo No. RTU (22) 97/642/1 (7) dated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registrat...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430...
Category: Labour and Industrial Law | Date: | Hits: 158
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....2) of rule 1 Order XXIII of the Code of Civil Procedure and in the instant case though the application for withdrawal of the suit with liberty to sue afresh on the self same revision, yet there is no legal bar in granting such application inasmuch as this revision is a subsequent proceeding which fo......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
.... ensure their protection. The petitioner wants to get this relief in view of the fundamental right as guaranteed under Article 41 of the Constitution. Article 41 is reproduced below to appreciate the legal position as to what the freedom signifies:
“41. (1) Subject to law, public order and mora......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
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