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Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person under the existing legal structure and if any valuable right is accrued to him Appellate Division in exercise of jurisd......ption as Deputy Secretary; that he was appointed Deputy Secretary of the Ministry of Education as Member of the Senior Services Pool. After necessary test as per notification dated 29-6-1981 with the status of a Deputy Secretary he was appointed Director of the Directorate of South Asia-2 and that h..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....le Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....o.7 of 1992 and maintaining thereby the enlistment of the House No.1-E/9-29. Mirpur Housing Estate, Mirpur, Dhaka by the respondent in ‘Ka’ list of the Abandoned Buildings as valid and legal. 2. Case of the petitioner, in brief, is that, the original lessee Mobina Khatun of th......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ermined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefits for themselves or to confer pecuniary benefits to the said Company thereby illegally benefiting the said Company to the tune of Taka 13,40,43,636.97.00 or enriching themselves t......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....ix any such “travelling allowances” and as such the recommendation made by the Board for “travelling allowance” of Taka 40.00 per month has been made without any lawful authority and is of no legal effect. 2. Leave was granted to consider as to whether the learned Judges of the High Cour...... 6. In the instant case the Board had recommended a fixed amount of Taka 40.00 per month as “যাতায়াত ভাতা” to all workers of the Cinema Halls irrespective of their rank and status as a part of the fringe benefit along with the house rent and medical allowances, which has b..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....ion dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever was passed without any lawful authority and thus was of no legal effect. 2. Respondent in Civil Appeal No. 70 of 1994 and petitioner in Writ Petition No. 2......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
.... as it relates to invitation of tender for establishment of Cellular Mobile Telephone Service in major cities and areas of Bangladesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....ment and other terms and conditions, it contended. 5. But the main ground taken by BTTB was that the writ petition was not maintainable as the contract was commercial in nature and its allegedly illegal cancellation can be agitated by arbitration of in a suit for damages. It was the further case ......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....tention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof, Such incidents include, where the property is land, the......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....btain bail to the satisfaction of the Court, with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lo......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....d it has not vested in the Government and narrating how he auction purchased the suit property and obtained symbolical possession. The plaintiff contended that the suit property was exempt from any legal process including attachment or sale by any Court and therefore the attachment and sale was ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....thers vs. Mt. Zahura Bibi and others, AIR 1932 All. 512, Niamatullah, J with whom Fullan. J agreed, observed as follows: "The law does not recognise a Mohammedan joint family as a legal entity, and has not provided rules applicable to the family as such. The rights of its indiv......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ho recorded the confessional statement ought not to have enquired into the case. The relevant provision of law referable to this point is section 556 of the Code of Criminal Procedure. There is no legal bar for a Magistrate recording confessional statement to hold the enquiry. This view finds su...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....ection made by Mr. Nasiruddin Chowdhury, the learned Advocate for the respondents, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defendants respondents Nos. 3, 10 and 11, as per order of this Court, ......session of the suit 'premises within 12 years prior to the filing of the suit and if he fails to do so he cannot get decree for declaration of title and recovery of possession from a person whose status upon the evidence is found not to be that of either a tenant or a licensee or a person in..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....should have accepted the defence plea of proper exercise of the right of private defence. (2) Separate sentences under sections 147 and 324 of the Pakistan Penal Code are not proper and legal. (3) In view of the offence the sentence passed by the learned Magistrate, special......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... Munsif framed the following issues: "1. Is the suit maintainable in its present form? 2. Has the notice under section 106 (204) TP Act been served? Is the notice legal and valid? 3. Is the defendant No. 1 a defaulter? 4. Is the ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....he same was not relevant for this period, as the written document was executed and registered after the period of assessment in question. In our opinion, a partition if effected bona-fide and in a legal manner, the same cannot be disregarded only because there was no cont......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....s hut i.e. that hut No.2 in schedule IV. The main contest thus centres round the property of schedule 1." 11. Indeed, the above observations of the learned Subordinate Judge have a legal presumption of correctness attached to them and unless convincing and unequivocal materials ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....in Khan Chowdhury — For the Respondents. Petition No. 138 of 1968. Judgment: Maksum-ul-Hakim J: In this Rule the petitioner challenges the legality of a resolution passed by the Khulna District Council on 23.1.1968 removing the petitioner......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....t Mohan died leaving Anil Kumar and Harimati. Subsequently Harimati for self and as guardian of her minor son Anil, executed the kabala dated 20th June, 1957 in favour of the applicants without any legal necessity. The applicants, therefore, acquired no interest in the disputed land nor did they ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
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