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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....roval by the Board of Directors of Bangladesh Biman Corporation. 13. Appellants contested the Rule by filing an affidavit-in-opposition denying the allegations and stating that respondent No.1 was legally retired under the provisions of Biman Service Regulations 1979, that the Writ Petition is no......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... District Judge held that since the lone surviving daughter of the waqif endorsed the claim of the appellant Moulana Abdul Mannan, the Imam of the Masjid, the Administrator committed no material illegality in appointing the appellant as Mutwalli, particularly because he was appointed Imam of the...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal………………….(10) ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
.... defendants. The other title suit, being No. 344 of 1980, is for declaration of title and for a decree of permanent injunction as well as for declaring the decree in SCC Suit Nos. 2 and 3 of 1976 illegal and void. 7. Pre-emptors claim of pre-emption solely depends on the esta......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
....e us that the averments made in the plaint disclosed that the miscellaneous case is barred by law but we are not convinced. The High Court Division it appears thoroughly considered the factual and legal aspect of the matter and finding that the petitioners failed to make out any case discharged ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....ts against the judgment and order dated 10th June, 1997 of the Administrative Tribunal (AT), Bogra in Case No. 34 of 1996. 2. Respondent filed the aforesaid AT Case challenging legality of the order of his dismissal dated 30th December, 1995 passed by Superintendent of Police...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....erest in the property left by Narayan, could have transferred the same. 6. The sum total of the averments of the plaintiff in the plaint was that there was total absence of legal necessity upon showing which transfers had been made and that of the transactions two i.e. t......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....list of abandoned building published in the Bangladesh Gazette dated 23rd September, 1986 at page 9764(1) and Serial No. 239 declared to have been passed and made without lawful authority and of no legal effect and further directed the respondent-petitioner to exclude the said house from the list......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....rained to file the suit. Defendant respondent contested the suit asserting inter alia, no notice under section 106 of the Transfer of Property Act was served on him and the same is also invalid and illegal. He was not a tenant under the plaintiff in respect of the suit premises and he was not a defa......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t on l0th January, 2001 his price bid would be opened. 3. In the background of the said facts respondent No. 1 moved the High Court Division in its writ jurisdiction and obtained Rule challenging legality of the Board's decision dated 18th December, 2000 revising its earlier decision dated 13th ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....rders I rule 10 & Orders XXII rule 4 Since no Estate has been left by the father to which the petitioners have succeeded on his death, they do not come within the ambit of legal representative as contemplated in rule 4 or Order XXII of the Code. Even......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... law on the point has been well settled by this Division in various decisions. The trial Court as well as the High Court Division it appears considered every aspect of the matter, particularly the legal position and the conduct of the petitioner, and rightly found the petitioner guilty of the of...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... the parties and the appellate Court found that the names of the three brothers or their predecessors have not been recorded in the record of right and the alleged settlement has not been proved by legal evidence. The finding of fact arrived at by the lower appellate Court was concurred by the Hi...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....anage and operate, the business of banking in violation of the terms and conditions and laws of incorporation there will be a serious undermining of the commercial, financial and, more importantly, legal framework in the country with the effect that legitimate and otherwise qualified entities an......vasion. In paragraph 22 of the writ petition it has been asserted that respondents acted deliberately and in a calculated manner in complete disregard of the laws of Bangladesh including the legal status and capacity of respondent No.4 to establish a public company and a banking business and fur..Category: Constitutional Law | Date: | Hits: 199
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
....icers was not promotion, but a design to restrain them from carrying on their trade union activities. 4. The said submissions have got no merit. Firstly, it has got no merit in legal point of view because section 34 of the IRO only allows a workman to apply to the Labour Cour......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....or conflict between the provisions of section 10(2)(X) of the Income Tax Act and the provisions of the Ordinance. 6. Considering the above facts and circumstances and the legal position discussed the High Court Division’s answer to the question under reference was...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... 1981 the Court of Subordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 passed by respondent No. 1 in Miscellaneous Case No. XIII-6/1977-78 is illegal, void, without jurisdiction and is of no legal effect and not binding upon the petitioner. ......re was apparent negligence on the face of the record in moving the High Court Division in an application under section 115 of the Code of Civil Procedure. He argued that the Government has no special status in the matter of condonation of delay and it is well settled that they should be treated equa..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....titioner as plaintiff filed Other Class Suit No. 205 of 2000 praying for declaration that the order of his dismissal passed by the defendant-respondents from the service of the respondent bank is illegal stating, inter-alia, that the plaintiff joined the service of International Finance Investmen......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
.... ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77