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Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....earing of the writ petition M/s Abu Bakker and Ismail Hossain, their learned Advocates, informed the Court that they had no instruction in the matter. 5. The High Court Division accepted the legal submissions of the writ petitioner on such unchallenged facts and made the Rule Nisi absolute......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... protected by the Court guardian; (b) that the sale in question was held fraudulently by suppressing all sale processes; (c) that there had been gross under-valuation of the property; (d) that the legal heirs of the deceased judgment debtor were not brought on record, instead, some fictitious na...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding upon him. His case, in brief, is that in 1986 defendant No. 2, Mr. GM Delwar H......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....ct address of the appellant in that notice, but failed to give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent another legal notice in the same terms for service through his Manager, PW 2 Mohammad, who served the same b......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
.... Tarini Kanta Das, the Ministry Without giving any opportunity to the respondent, by impugned order dated June 4, 1985 upheld the order of derequisition of die acquired land on the ground of avoiding legal complications. 4. The Government's case is that from April 2, 1963 to October 18, 1983 th......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....ion, under section 561A of the Code can be invoked to adjudicate upon an order passed by the Sessions Judge under section 439A. 26. Before we decide this question, it is necessary to see the legal position of a superior authority or Court in relation to an order passed by a concurrent, inf......rt Division for the purpose of exercise of the powers and the jurisdiction of the High Court Division under section 439. In other words, the High Court Division and the Sessions Judge are equal in status only for the purpose of the jurisdiction under section 439. Further, it has been clearly sta..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
.... the date of decision of the Government, but within what date, is a subject matter of agreement between the Government and the requiring body under section 15. This is their internal arrangement, but legal consequence of abatement will follow only when the Government fails to "pay" or "deposit" comp......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ent and as such, he argues, facts of the cases of the Privy Council and the House of Lords are distinguishable from those of this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 18......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 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." On the basis of the above no......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....irst appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. Fi......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....xure D and DI respectively to the writ petition. It is further alleged that on 'receiving the application for retirement from the respondent which was submitted against his will, the said Chairman, illegally and without lawful authority passed the impugned order on 29.9.88 releasing the respondent f...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... in the post of Chief of Naval Staff for four years from the date of his appointment. 3. Mr. Asrarul Hossain, the learned counsel for the petitioner, mainly contends that when the petitioner was illegally and prematuredly retired from service, consequent upon a report of an enquiry of a Commissio...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....vernment in Civil Appeal Nos. 44 to 49 of 1992. He has first of all drawn our attention to the observation of the High Court Division in the judgment that "the petitioners admittedly have acquired a legal right to seniority" and argued that Government never admitted this position in that the very c......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
.... cases. 13. We can understand that these arc difficult matters to decide before evidence is recorded at the trial and on top of it there is always the human consideration which overtakes strictly legal standards when a victim girl refuses to go with her parents, at times even after persuasion by......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....y been completed before issuance of the Rule on 2-5-1995; the petitioner, not being a person "aggrieved" within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ pet......es which are needed now if we are to prevent disaster later. An onerous obligation which we owe to posterity is clean air, clean water, greenery and open spaces. These ought to be elevated to the status of birth rights of every citizen. The continuing deterioration of man's habita..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... well as defendants have no right, title and interest as well as possession and that the papers relied upon by the plaintiff and defendants in support of their respective claim cannot be considered legal and valid document, that the cause of action as stated in the plaint is not correct, rather ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....rt has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of section 233 of the Companies Act. No illegality has been committed by the company Court in allowing the Petition and passing the Judgment ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declared to have been made without lawful authority and is of no legal effect. 4. In Writ Petition No. 3834 of 1999 Rule Nisi was issued calling upon the re...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....2 and 3 to pay the decretal amount and by letter dated 15-5-1991 informed the executing Court about the above steps taken by the appellant. Thereafter, on 13-7-1991, the appellant having received a legal notice from the respondent No. 1 for compliance of the above directions of the executing Cou...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
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