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Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....at. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular l...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....onsideration of the affidavits declared the impugned order dated 31-5-1973 dismissing the respondent from the service of the Corporation to have been passed without lawful authority and of no legal effect. 4. The appellant-corporation moved this Division for special leave to appeal and ......tually all the shares directly or through one of its own undertakings. The public corporations in the common law jurisdictions have entirely followed the rule that their employees should not have the status of civil servants. This is an outcome of the conception that the corporations should, as far ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....ion. 2. Respondent No. 1. filed a title suit for declaration that the order dismissing him as Grade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-1973 is illegal, ultra vires, void, inoperative and not binding on him and for a declaration that he still is......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....cial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was contended before the High Court that the orders of detention were illegal and the said orders were made not for bonafide purpose for preventing the detenu from doing a...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ourt specifically set up by the statute for the determination of that value. The merits of the present dispute are essentially different in character. The claim was the assertion of a legal right to possession of any property in land; and if the ordinary courts of the country are s......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ate Division (Civil) Present: Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18,......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ies of various kinds such as loot, arson, rape and murder in different parts of Sitakunda Police Station and thereby aided and abetted the occupation force in maintaining and sustaining the illegal occupation of Bangladesh. In doing so they actively resisted and sabotaged the efforts of the...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....he bus with the registration No. Noakhali ‘Ba’ 3683 upon leaving the ferry while proceeding towards the bank of the river Meghna then Ansar Chan Mia for extorting ‘chanda’ illegally tried to stop the bus and the bus driver Siddique Bhuiyan upon rejecting the demand of &lsq......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
......................... Respondents Judgment November 7, 2000. Result: The petition is dismissed. The Negotiable Instruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no va......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
.... We have gone through the judgment of the High Court Division and heard the learned Advocate of both the sides. It appears that the High Court Division made certain observations on the factual and legal position but all these are prima facie observations made while disposing of only the injuncti......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....f the High Court Division in Writ Petition No.106 of 1998 declaring respondent-appellant as being the elected Chairman of No.3, Citholia Union Parishad in Parshuram Police Station, District Feni illegal and without lawful authority. 2. Writ-petitioner-respondent No.1 challen......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....nue, Dhaka with the help of police force requisitioned under Memo No. 72-AP (Bani) 95/6 dated 25-10-1995 Annexure-’G’ to the petition has been done without lawful authority and is of no legal effect and directed respondent Nos. 1 and 5 in the writ petition to restore possession of the......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
.... application for rectification of share of the respondent was rightly allowed. 5. Mr. Ajmalul Hossain, learned Advocate appearing for the petitioner, could not point out any illegality committed by the Company Judge as the alleged transfer of 10 shares of respondent to the p......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ..Category: Business or Commercial Law | Date: | Hits: 97
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....t Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9) Lawyers Involved: ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....l led us through the judgment of the High Court Division and it appears that only the prayer portion of the plaint was allowed to be amended and in so doing the High Court Division found that no illegality has been committed. We are in full agreement with the finding of the High Court Division. ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....nd in the instant case the layout plan was changed converting some open space into plots to meet increased demand for residential plots by large number of city dwellers and therefore there was no illegality in altering the layout plan in such manner. The High Court Division did not accept this c...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....ow cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The short fact leading to this petition is that, respondent N......s aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier order. In the present case earlier order was to maintain status quo in respect of composition of the Board of Directors of the Bank and a copy of that orde..Category: Business or Commercial Law | Date: | Hits: 131
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....ee was not maintainable. He further submits that the memorandum of appeal refiled on 9-4-1996 was barred by delay of much more than 85 days and, as such, condonation of the delay of 85 days was not legal. 5. Learned Deputy Attorney-General appearing for the respondent Nos...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
...., 2000. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of fili...... co-sharers by inheritance at the time of filing of the case for pre-emption. As such their subsequently becoming cosharers by inheritance during pendency of the case cannot alter the character and status of the original pre-emptor. …………………(5) ..Category: Property Law | Date: | Hits: 65