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Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ment dated 10 June 1988 in connection with LA Case No. 2 of 1987‑88 as required under section 15 of the Ordinance has also been supplied. From these papers it appears that there was no procedural illegality in the acquisition proceeding. 31. It is on record that the land shown in the layout pl......e "on giving reasonable notice, which need not be a formal notice, giving the promisee a reasonable opportunity of resuming his position" provided of course it is possible for the promisee to restore status quo ante. If, however, the promisee cannot resume his position, the promise could become fina..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......o restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further issued an order for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an appl..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ment has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call" illegally”, the second “irrationality” and the third "procedural impropriety&......isposal of the Ministry of Health and Family Planning from 19 April 1974 to 19 June 1983. He was promoted to the post of Director‑General of Family Planning on 23 April 1976 with the rank and status of a Joint Secretary. By order dated 26 July 1983 of the Ministry of Defence, the Governmen..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......f the Senior Assistant Judge was increased to Taka 1 lakh the plaint was returned and the appellant had to re-file the suit in the Court of the Senior Assistant Judge, Sylhet. He obtained an order of status quo in respect of the said land against the said Md. Mohsin and others. 7. On 7-4-91 the a..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....ppellants while the defendant is the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfaction. We had to glean the facts of the case fro......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....he opening of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to the aforesaid legal dispute. The writ-petitioner in Writ Petition No.3232 of 1991 out of which Civil Petition for...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....urt of Subordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspending the plaintiff for 3 months with effect from 26-8-95 is illegal, unlawful, without any lawful authority and, as such, is of no legal effect and not binding u......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....a) or (b) or (c). 11. Hence for all the reasons above, the High Court Division was not justified in rejecting the w petition summarily. The impugned order of the Authorised Officer lacks any legal basis and cannot be sustained. It is accordingly, held to have been passed without lawful au......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
.... land. The facts of the case have grown pretty long as the plaintiffs are campaigning from 1963 with the only grievance that proper notices not having been served, the acquisition of their land was illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper app......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... not applicable to the writ petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they were entitled to be treated and co......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....said misc. case No. 25 of 1969 was dismissed on the ground of limitation with the observation that defendant No.4 Md. Yakub had died on 29-1.65 and that abatement took place automatically when the legal representatives of the deceased were not brought on record within the prescribed time and no ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....fication as BA in the relevant form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but dismissed the appellant’s case by the judgment......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....actual price, but for the purpose of insurance it should be presumed that value given in the policy itself shall be taken as the market value of the vessel in law.” Then again, “For all legal and reasonable purpose the market value of the vessel will be determined from the value given...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....cedure whereupon Miscellaneous Case No. 38 of 1978 was started. 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitatio......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
.... the High Court Division declaring that the acceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submission of the nomination paper ......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....e agreed dates she did not send the child nor she informed the plaintiff of any other agreement in this regard. Defendant No.1 having prevented the plaintiff from seeing the child and he being the legal and natural guardian and being entitled to see the child under the agreement, filed the suit ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....incumbent upon another from three causes; (a) from being a wife; (b) from being a relation; (c) from being a slave or servant.” Syed Ameer Ali says further at the same page— “The husband is legally bound to maintain his wife and her domestic servants whether she and her servants belong to ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... Bench of the High Court Division presided over by Mr. Justice Mustafa Kamal J, as his Lordship then was, observed as follows: “We cannot read into the Rules what is not there. A legal fiction can be created only by a statute and it is not open to us to create a legal fiction ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....dence Act to vary or contradict the terms of the mortgage deed. 7. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff-appellant, submits that once the High Court Division deduces a legal finding from a construction of the mortgage deed Ext. 2 that it was a deed of mortgage and not......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... only question therefore which fell for consideration in this appeal and which has been mainly canvassed by the learned Additional Attorney- General appearing for the Government-appellant, was the legality and propriety of the impugned direction given by the High Court Division to give effect to......200-5250 with effect from 1-6-1985 out of which 70% would be paid from the government exchequer. The respondent was thus adversely affected by the Rules of 1981 both in his remuneration as well as status. 7. The Government framed similar rules after nationalisation of some high schools, w..Category: Constitutional Law | Date: | Hits: 174
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