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....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......titioners to “consolidated pay” without any rhyme or reason. Since their appointments, the petitioners having served long period in the development projects have acquired legal and constitutional rights to be transferred to the revenue budget under the provisions of law and the procedures laid d..
Category: Others | Date: | Hits: 172
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
..
Category: Employment/Service Law | Date: | Hits: 91
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......of a case started in late 1975 the learned Courts below evidently erred in law in passing the impugned judgments on erroneous view of law.
10. In the present case the plaintiff never abandoned his rights in the suit property and the defendants were never misled by his prayer for taking yearly lea..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......f 1981 in the 2nd Court o Munsif, Chandpur and on transfer to the Court of Munsif, Matlab was renumbered as Title Suit No.390 of 1984 against the defendant-petitioner No.1 for restitution of conjugal rights and for permanent injunction restraining the defendant petitioner No.1 from marrying any othe..Category: Family Law | Date: | Hits: 185
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......accounting year by the assessee or whether the income had to be apportioned between the assessee and another company to whom the assessee had during the course of the accounting year assigned all its rights and benefits under the managing agency agreement. The question that arose, therefore, was as ..Category: Fiscal/Taxation Law | Date: | Hits: 124
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......e of publication of a notification under sub-section (1) of section 3 no rent-receiver specified in such notification shall, except with the previous permission of a prescribed authority transfer his rights and interests in any estate, taluk or tenure, to which such notification relates, by private ..Category: Property Law | Date: | Hits: 58
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......elevant Presidential Orders. 12. For the proper understanding of the said provisions it is necessary to appreciate that the right to reformation in situ and the right of accretion are two distinct rights of different nature and it will be appropriate for the said purpose to follow the developme..Category: Property Law | Date: | Hits: 133
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......the issuance of the Rule, in brief, are:
Petitioner No.1, Human Rights and Peace for Bangladesh, (HRPB) is a non-profitable registered organization and its objectives are: (i) to uphold the human rights of the citizens, (ii) to work for the poor people, (iii) to give legal support to the helples..
Category: Constitutional Law | Date: | Hits: 211
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....cifically, the financial bid, and hence the government had numerous opportunities to rectify its representation had there been any ambiguity or inadvertent error therein. Any misrepresentation in the contractual documents could have been remedied by making necessary amendments prior to petitioner si......oners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' fundamental rights guaranteed under Articles 27 and 31 of the Constitution." 4. At the time of issuance of t..Category: Fiscal/Taxation Law | Date: | Hits: 152
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... জমার মোকররী স্বত্বে স্বত্ববান ও দখলকার হইয়া……” The pattas also authorise the tenant to enjoy the tenancy with the rights amongst others— “পুস্করিনী খনন ও ভরন ইষ্টক ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... of the Revenue Authority under sub-section (2) of section 19 passed on appeal filed in respect of the determination of rent or recording of possession of any land, or by an entry made in a record-of-rights under sub-section (2) of section 31 relating to the determination of rent or recording of..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... Non-Gazetted Officers. The Bench Readers are, therefore, being treated lower in status and pay than their subordinate officers under the impugned Service Rules which are violative of the fundamental rights of the petitioner as guaranteed under articles 27, 29 of the Constitution of the People's Rep..Category: Employment/Service Law | Date: | Hits: 127
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......t. An amendment setting up a new case totally inconsistent with the original case set up will not be allowed if it is unjust to the opponent. The object and the rules of procedure are to decide the rights of the parties and not to punish them for their mistake. The amendments are allowed and inten..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......n substantially curtailed by the Ordinance. The Ordinance, however, has not totally done away with the operation of the provisions of Transfer of Property Act but has made serious encroachment on the rights of the parties in a tenancy agreement, the light of landlord being curtailed. 6. We now tu..Category: Property Law | Date: | Hits: 87
.... High Court Division may direct LGED to consider their cases. The doctrine of legitimate expectation, apart from the above, can not be claimed by a temporary or casual worker who has been employed on contractual basis. It is not their case that at the time of their appointments they were assured tha......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......d. But on 10‑3‑2002 the respondents opened the tender box and took necessary steps for appointment of private cleaning contractors. Such activities of the respondents are violative of the legal rights of the petitioners based on their legitimate expectations to be permanently absorbed in the s..Category: Employment/Service Law | Date: | Hits: 125
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......f declaring the impugned orders dated 29-8-2002 issued by the respondent No.2 as having been made without legal authority and being unconstitutional and void as being in violation of the petitioner's rights under Articles 27, 29 and 31 of the constitution.''
10. Against the Judgment of the High C..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......al land. The simple test is as to whether the holder of non-agricultural land has become a tenant under the Provincial Government is respect of such, land by virtue of the acquisition of the superior rights in such land. If the holder of non-agricultural land has become a tenant directly under the P..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......enumbered as aforesaid title Suit No. 137 of 1997. 3. Plaint case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered de..Category: Property Law | Date: | Hits: 85
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......posts without further delay. In 1980 also some sort of additions were made in respect of seniority, calculation of leave, increment, pension and gratuity, etc. but the same decision and their accured rights emanating from those as was taken in 1972 has remained unimplemented till today. It is his ca..Category: Administrative Law | Date: | Hits: 183
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