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Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....wingly and deliberately leased out the said five Fisheries with respondent No. 5 on 18th July 1985 in flagrant violation of the order of respondent No.2 passed on 10th July 1985 claiming subsisting legal and lawful lease-hold right, interest and possession in the five Fisheries. The learned Judges......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... discharged from the charge. This period expired in each of these three cases; consequently, it is contended that the impugned orders passed after the expiry of the time limit are invalid having no legal effect. 6. All the Writ-Petitions were contested by the Corporation, (respondent) whose ma......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....visions of the Ordinance. 7. To decide the point raised in this appeal it is necessary to look into the provisions of section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....sions Judge was given power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that any act done, has been done or taken without lawful authority and is of no legal effect". This clause is also not attracted in view of the conferment of jurisdiction by a co......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....ence of the plaintiff; As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Co......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
....ellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is of no legal effect…………………….(17, 18, 19 & 24)
Cases Referred to-
Godha Singh Jab......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....e record having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....s, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N.S.T. Co. L......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....claimed by villagers to lands in a neighbouring village, and belonging to different landlords, which result in precluding the land from being brought under cultivation, is unreasonable and is not legally enforceable. The decision in 7 DLR 464 is good one and it does not call for any review. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
.... suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land ori......o issue was raised at the trial nor was the point in controversy. 7. Mr. S.R. Pal learned Counsel contended that even now the point can be decided since important point of law has been raised on status and reliance was placed on 32 DLR (HCD) 187. The learned Judge noticed that 32 DLR 187 base..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....spondent was not a permanent resident of the territory of Bangladesh on 25th March, 1971; that he was permanently residing in London as a Pakistani citizen at the relevant time; that the property was legally declared and taken over in 1972 as an abandoned property; that respondent's mother prayed ......peal by affirming the High Court Division's view that the property in question of the respondent was not an abandoned property. But arguments were taken on different level, namely, on the question of status of the petitioner and it was argued that since the petitioner was not a permanent resident,..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....women and minors being heirs of Hajrat Ali, brother of the plaintiff Hamed Ali. They have quite a formidable case as the documents produced by them would apparently show but unfortunately of proper legal advice in not putting the box on their behalf, their case so much so that the trial court took......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
...., it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted." Evidence, as already observed, must ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....1979. The cumulative effect of the suits was for declaration of title of the plaintiff's society and further a declaration that the entrance of the Government in both the floors of the building was illegal and unauthorised and for eviction of the defendants. 5. Title Suit No.193 of 1978 was tran.......33 of 1979 6. In view of our proposed order we advisedly refrain from dealing with the factual aspect of the case, but in passing it will be noticed that a serious challenge had been given to the status and locus standi of the plaintiff’s society by the Government of Bangladesh. 7. As has b..Category: Property Law | Date: | Hits: 39
....riously. It was contended for the defendants that whether the plaintiffs tender was the highest or not and even if it were the highest but was not accepted by the authority, the plaintiff acquired no legal right which could be declared by court. The order of injunction was however sought to be defen...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for derequisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Facts are as follows:- An area of 3.80-ac......iew the question of release and handing over possession to the former owner "is under examination in this Ministry and pending Government decision on the subject further proceedings may be stayed and status quo maintained." 14. The Division Bench in view of the law that has been cited above decla..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....der the management and control of this Corporation and as such his service was governed by the Corporation's Employees Service Rules. The order of his dismissal as a worker under the Labour law was illegal and void. In his plaint he sought for a declaration that the order of dismissal was invalid. ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....aragraph 4 of the East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order the contract could be specifically performed and then answered the query by observing: “All legal right and obligations that followed from the agreement in question were snapped.” 10. Nex......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....t disqualified not only from being elected as chairman but also from holding this office and that this disqualification was a continuing disqualification. 7. Leave was granted by us to examine the legality of the impugned decision of the High Court Division, particularly its interpretation of the....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing there from cannot be averted." 15. Now the case of M/s. A. Haque & Co. ......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
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