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Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....urt Division declared the retirement of the writ petitioner Capt. (Retd.) Syed Abu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....n validated nor does it contain Bangladesh stamps as required under section 18 (1) of the Stamp Act. Mr. Sirajul Huq cannot be taken to have filed any plaint on behalf of the plaintiff. He cannot legally prosecute the case. The notice under section 106 of the Transfer of Property Act is bad. T...... whether the plaintiff-appellant has to take steps in any competent forum for setting aside the Treasury Officer's order cancelling validation of the power of attorney and obtain a decree declaring status of the attorney to act under the said power, before the SCC suit can be made maintainable. Le..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....87 in the 3rd Court of Subordinate Judge, Dhaka. There were three main prayers of the plaintiffs in the said suit which are as follows: (a) that a decree declaring that the plaintiffs are the sole legal heirs and successors of late MA Naser and as such they are the sixteen annas owners of the sui......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....endant No.2 did not offer to return the earnest money to the appellant at the earliest available opportunity, but did so nearly 12 weeks after 1.9.73, and that also after receipt of the appellant's legal notice. The trial Court, he submits, has duly considered the attendant circumstances surroundi...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not based on legal evidence. The High Court Division further held that the accused Mafizuddin in his confessiona......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....e of P.Ws. 2-6 during retrial on second occasion, accused Imam Hossain can have no liability for offence under section 302/109 of the Penal Code and in the above context trial court had no reliable legal evidence to find accused Imam Hossain liable for offence under section 302/109 of the Penal C......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....ition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (writ- respondent No.2) to hear t......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ouse Rent Control Act, 1991 (Act No. 3 of 1991), (the Act), the action of the Administrator of Waqfs for evicting the writ-petitioners from their respective shops is illegal and without lawful authority. 4. The Rule was opposed by the respondent No. 5, Mutawalli o......n the light of the definition "person interest' in a Waqf as has been given in sub-section 8 of section 2 of the Ordinance. Having eye on the definition of "person interested in a Waqf the appellants status with which they came over the Waqf property and staying there till today are not "person inte..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Ext. B & B (1) by ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....as described in schedule 'C' are forged, null and void, fabricated and the deeds executed and registered by Ali Ahmed Khandker and Wali Mohammad Siddiqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the orde......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....g subsistence of the contracts/appointments/agreements with the plaintiffs who are sole distributors, sole indentures and exclusive importers of Birla Tyres and other materials for Bangladesh are illegal, malafide, void, without jurisdiction and a nullity and for a decree of permanent injunction......3 and 30.1.2003 to be forged and fabricated. 8. Under section 42 of the Specific Relief Act a suit for declaration is only maintainable where there is a subsisting legal character or legal status existing between the parties but on the face of the conflicting claims of the parties i.e.,..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....artment made comment in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....or Leave to Appeal No. 258 of 1989. Judgment Badrul Haider Chowdhury J. - In this petition for leave the only question is whether the order of the Election Commission could be termed as of no legal effect as it suffers from malice and being coram non judice. 2. There was election on 10.2.......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....law regarding admissibility of evidence admitted some documents in evidence for which the judgment of the tribunal should be declared to have been passed without any lawful authority and as of no legal effect. (ii) that in exercise of jurisdiction under Article 102 of the Constitution, the Hi....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
.... The suit was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ation agreement as laid down in section 3 of the Act. In observing that the provisions of the first Schedule in so far as they were made the terms of the Arbitration agreement did not acquire a status higher than the other terms of the same, the Court observed: "The proposi..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....« Of fleers' Association, held in 1985, by letter dated 18.05.1989 he was terminated from service of the Bank without assigning any reason, stating therein that he will be given all legal dues; that by letter dated 29.05.1989 he made a demand of the dues which was not responded t......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....00 shares certificates submitted earlier and that return has been filed with the Respondent No. 5 in respect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documen......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....articularly by plaintiff Nos. 2-4 and thus the trial Court in passing the part decree in favour of the plaintiff Nos. 2-4 was in error or in other words the decree passed by the trial Court was not a legal one and thereupon set aside the judgment and decree of the trial Court. The High Court Divisio......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....defendant No. 4 did not adduce any evidence to prove possession or to prove that the suit property was declared as an enemy property and the last submission that there is no materials on record for legal proof that the defendant respondent No. 4 is in possession of the suit properties through ei......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
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