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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....d in violation of order of status quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or coll......n ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would not become..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....o pay any rent to the plaintiff Nos.2 and 3 and thus they became defaulters. It was further stated that the suit premises is a very old and dilapidated building and the defendant has also made some illegal construction therein without the consent of the plaintiffs and, as such, the RAJUK served a no....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rder is made. 3. Rules in all the above cases were made absolute on different dates and the District Magistrates/Additional District Magistrates were held responsible and were fined for making illegal and unauthorised order of detention. But before those orders were signed, Dr. Rafiqur Rahman a......anure". 19. Liberty must at all cost be held high by all who have faith in the rule of law. Rule of law has been expounded in the third paragraph of the preamble of our Constitution and the status and sanctity of the preamble is unique because it has been deeply entrenched in the Fundament..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....n, Dhaka, Meanwhile the Ministry of Works by its letter dated 23‑10‑1973 informed the tenant, American Embassy not to pay the rents to the absentee owners as there is a dispute with regard to the legal status of the house. In such situation Major (Retd.) Mahmud Kamal, the husband of Mrs. Rehana ......ka, Meanwhile the Ministry of Works by its letter dated 23‑10‑1973 informed the tenant, American Embassy not to pay the rents to the absentee owners as there is a dispute with regard to the legal status of the house. In such situation Major (Retd.) Mahmud Kamal, the husband of Mrs. Rehana Kamal,..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....he General Clause Act as pending proceeding. He further submits that notwithstanding the repeal of section 47, CPC as per provision of section 6 of General Clauses Act the same would not affected any legal proceeding and, as such, the proceeding shall continue as if there has been no repeal of secti......2. Second Miscellaneous Appeal as mentioned above was allowed by the High Court Division on 16-3-1988 and the matter was sent back on remand to the Executing Court for further investigation as to the status of Abdul Aziz in the objection case No.1 of 1975 transferred there and renumbered as Miscella..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....pass an order for payment of compensation to the awardee of the L. A. Case No.138/1961-62 at the present market value of the property in question. Moreover at the time of moving the writ petition the legality or propriety of the requisition and acquisition of the case land was not called in question......nt writ petitioner filed a writ petition being Writ Petition No.3500 of 2001 and rule was issued in that writ petition on 5.8.2001 and the writ petitioners informed the local Thana about the order of status quo passed therein. As soon as the Magistrate of RAJUK came to know about the order of s..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....es being gender‑based the same has rightly been held by the High Court Division as discriminatory and further the discrimination so made being violative of the Article 28 of the Constitution is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocat......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ed respondent freely exchanged allegations against each other. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank,......ing for permanent injunction of not giving due notice to them and the Court by an order dated 17th September, 1998, granted an order of ad‑interim injunction directing the parties to maintain status quo until further order. The said banking company filed written objection to the said praye..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....t by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict respondents demanding, refund of the money within 15 days. The convict...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....e following directions: 1) Trial, if any, of all juvenile accused to be completed with utmost expedition by the juvenile Courts and the concerned law enforcing agencies, Prosecuting agencies and legal Aid committees be directed to take immediate steps in the mater. 2) Taking into considera......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ention to give it a retrospective effect. Under the circumstances the respondents' claim to. be considered for promotion to the post of Superintending Engineer under the BADC Regulations, 1968, has a legal basis. 20. Mr. Amirul Islam, the learned Counsel, has argued......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
.... buying shares on the open market are led to believe that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchan......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....sp; The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law&hell...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....she had been raped earlier by PW 6 Sree Joyenta Kumar Chakravarty on their way from Dhaka. 5. Lastly, it has been argued that the judgment is based on moral conviction in lieu of legal conviction because the circumstances do not support the prosecution case which do rather supp...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ound for the just and equitable winding up by the company. 6. The respondents being assured to the court through their Counsel that they would not deprive the minority from "their legal benefits to which they are legally entitled". However, the majority did not fulfil the a......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....is ordinary residence at the time of death was in the town of Khulna. He left behind 5(five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor and legal heir of the deceased. He was entitled to succession certificate of the debts and securities o......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....s to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is no bar in initiating legal proceeding against the accused by a complaint lodged by a police officer……&hell......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....g was not concluded within 180 working days and as such the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was illegal. 4. The High Court Division rejected the said contention of the appellant upon observing "......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92