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Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
.... firstly, that when the plaintiff‑bank has resorted to his relief by the institution of the present suit against the defendant petitioners for realisation of its loan money with interest, it has no legal authority or right to sell out the pledged goods i.e. the turbine pumps during the pendency of......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....Act, 1922 (Act no. XI of 1922)
Section 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not ente......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
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Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....it‑land by their alleged purchase of the right of repurchase from the pro‑defendant No. 3 vide Ext. 1 i.e. the deed of purchase of the right of repurchase dated 28.3.75, the same being void and illegal inview of the ekrarnama Ext. A and further it has been contended that the defendant No. 2 has ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....t and order dated 18.7.80 were pleased to direct restoration of the properties to the petitioner, with an observation that, "this however will not stand in the way of the Respondents to take any legal action in die matter in accordance with law" In pursuance of this decision, the property ......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
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Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......d to show that the alleged actions of the respondents are without any lawful authority.
In the result all the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
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Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....l Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in respect of Chairman shall not be dec......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....w cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amend......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
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Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....ment, the application for amendment and the written objection against the same and then he has submitted that the impugned order is not at all a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and cir...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. filed an ......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
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Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....ling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should not be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be pu......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
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Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted." In all the decisions of the Appell......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....sand) in not repaying the dues to the Agrani Bank ( BB Road Branch, Narayanganj), (Respondent No.6) should not be declared to have been passed erroneously without any lawful authority and to be of no legal effect.
2. Subsequent to the issuance of the Respondent No.1, Bangladesh Bank, respondent 2......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....ation of the fundamental right of freedom of the press under Article 39 of the Constitution almost everybody including the petitioner had/has interest to challenge the Act and the impugned award as illegal and unconstitutional since such right of freedom of the press has wider import and universal a......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....basis of oral contract against the weight of evidence. Mr. Dastagir submits that the evidence adduced by the plaintiffs is not only discrepant and contradictory but it lacks the requisite standard of legal evidence to prove an oral contract. The learned Advocate further submits that while placing re......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
.... 31.1.89 executed by respondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. repr......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
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Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....™s son inquired about her sister at different houses but did not find the girl there, when he came to know from the neighbours that accused No.3 along with others have kidnapped the victim girl for illegal and immoral purpose. It has been clearly alleged that the accused along with others had kidnap......he basis. 5. Mr. Khandker Mahabub Hossain, the learned Advocate appearing for the opposite party, on the other hand, submitted that in the instant case the question is not a question of juristic status of a party but an age referable to the provision of the Penal Code itself, because kidnapping..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....orks to show cause why the said judgment and order passed by the Settlement Court, Dhaka on 23.2.89 in case No.1043 of 1987 should not be declared to have been made without lawful authority and of no legal effect.
6. The respondent No.2 Government of Bangladesh, filed an affidavit‑in‑oppositi......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....itrary, mala fide and it has been specifically alleged that this power had been exercised by the Coal Controller going beyond the power given by the contract and by violating the terms of contract, illegally and that being the position, the said order should be stayed by an order of ad‑interim inj...... no arbitration proceeding was pending any where under the said contract at the relevant time, The learned court issued notice upon the petitioner, namely the Coal Controller, and ordered to maintain status quo in Miscellaneous Case No.109 of 1990 The petitioner appeared in the case and resisted the..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
.... and a pay order by coercive method and undue influence for unlocking the Mill. The Company filed Title Suit No. 49 of 1987 for declaration of the said agreement as void and for refund of the money illegally realised from the Company by the Bank in the Court of the 3rd Subordinate Judge. The Bank fi......193 of 1986 in this Court against the order of attachment questioning the applicability of Article 35(2) of the Shilpa Bank Order and this Court while issued the Rule directed the parties to maintain status‑quo on condition of payment of Tk. 5,00,000.00 by the Company. Thereafter on 30.7.86 the or..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....and thereby committed an error of law in its decision. Mr. Rashid, placing reliance upon Order 8 rule 5 CPC further submits that the defendant No.4 does not suffer from any disability. Therefore, the legal consequences of Order 8 rule 5 CPC in absence of any denial of the allegation made in the plai......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
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