Search Options
Judgment Advanced Search
Displaying 4341-4360 of 4557 results.
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....dinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement………&h...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....88 making the Rule absolute and declaring the judgment and order dated 8-9-1987 passed by the Court of Settlement in Case No. 250 of 1987 to have been made without lawful authority’ and of no legal effect. 2. Respondent Nos. 1-6 tiled the aforesaid case before the Court......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....rily submits that charge having been framed for commission of rape under section 6(3) of the said Ain, the conviction and sentence under section 9(Ga) for committing an offence of immoral act is illegal and not sustainable in law. 7. Syed Ziaul Karim, learned Advocate appea...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....ll by-elections for the present Parliament referring to Article 20(1), 61(b) of the Representation of the People Order, 1972 and Rule 9(1) of the Conduct of Election Rules, 1972 being the existing legal provisions for allocation of symbols in the parliament election. The symbol “Langol&rdq......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....of Ground Support Equipment (GSE) Division issued on 30-12-1995 (Annexure-G to writ petition) so far the same relates to the petitioners therein respondent Nos. 1 and 2 in Appeal No. 25 of 2000) illegal, void and without jurisdiction. By the said judgment promotion of respondent Nos. 5 and 6 (ap......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....respondent was holding a civil post in the service of the Republic and second show cause notice is a must. It appears that the Tribunal as well as the Appellate Tribunal thoroughly considered this legal position and rightly found that the order of dismissal of the respondent suffers from inheren......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....as published. After the respondent applied for scrutiny of the concerned scripts it was found that the Head Examiner after sending his report and marksheet for the purpose of tabulation of result illegally added marks in English II paper script by interpolation in respect of question answer Nos.......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....right and nature of the caveator and further the required Court fee of Taka 100.00 was also not paid. The District Delegate, therefore, held by his judgment dated 21.8.1991 that Gopal Chose had no legal footing to file any caveat, that the caveat dated 26.6.1991 is not a caveat in the eye of law...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....itution of possession filed by the appellant be tried analogously with Title Suit No.177 of 1984. 4. Leave was granted to consider whether the learned Judges of the High Court Division were legally justified in directing analogous disposal of the Miscellaneous Case No. 275 of 1992 for res...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....tion to make the order. In fact, the retirement of respondent Borhanuddin Ahmed in another appeal in the same case under the unamended law, sought to be validated by the amended law, was held to be illegal as there was nothing on record to show that the order of retirement was passed in the public i......a Parishad" and launched a movement for withdrawal of the Ordinance of 1985. By Civil Aviation Authority (Amendment) Ordinance, 1985 (Ordinance No.LI of 1985) the transferred employees were given the status of Government servants to be treated as on deputation for the purpose of promotion, pension, ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....ind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent u......t page 558. The sequence in which Articles 106 and III appear in the Constitution cannot be regarded as a crucial consideration in favour of holding that an opinion given by the Supreme Court has the status of a "law declared". Nothing turns on the scheme or the arrangement of the sequence of the ar..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....lication for amendment of the plaint of their suit on 20 June 1992 for a declaration that the alleged trust in respect of the suit properties mentioned in the schedule I‑K of the plaint was illegal, void, inoperative and was never acted upon and was not binding upon these respondents. ......aid Title Suit No. 78 of 1992 the learned Additional District Judge held that it would not be proper to proceed with the appellant's application under section 74 of the Trusts Act before the legal status of the Trust deed is ascertained in the suit filed earlier, as the court has to act on the u..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....w misinterpreted and misapplied condition No. 19 of the Fire Insurance Policy by giving a dictionary meaning to the words ‘pending action’ contained in the said clause, contrary to the legal precedents and insurance practice followed in this subcontinent. 11. Mr. AR Yusuf, le......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
...., etc. for absorbing or regularizing a contract service on a permanent basis. The notifications for absorbing or regularizing the appellant's contract service on a permanent basis were done illegally and without lawful authority. The expression "in the public interest" was blatant......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....sale deed through Court on 11.12.1988 which are void ab initio and hit by articles 6, 14, 20 and 24 of President's Order No. 16 of 102. The last allottee of the Government was Abdul Majid who was illegally evicted on 5.2.1989 by the appellant through Court. 9. Civil Appeal No.49 of 1994 i......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......erned so desires, an enquiry shall be held. (3) The authority shall appoint an enquiry officer or committee to examine and report on the allegations against the officer or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher t..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....0 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was the Manager (Technical) Bang....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....t the detaining authority extended the initial period of detention for further three months with effect from 19.7.93. The extension order dated 10.7.93 was served on 12.7.93. 8. Apart from raising legal objections to the order of detention, a large part of the writ petition bears a narration of f...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ni, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the compromise decree was legal and valid; that her share of eight annas was subsequently recorded on 27 May 1954 in a mutati......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....r ‘Kha' Schedule. 13. For the reasons stated above the appeal is allowed. The impugned order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......diction to decide whether the declaration of the disputed premises as an abandoned property is valid or not. By passing the impugned order respondent No. 1 has put back the disputed premises to its status as an abandoned property. Such declaration is now cognizable by the Settlement Court irresp..Category: Property Law | Date: | Hits: 62
872867866860859858853852847842841837836831830827826823820818