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Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....m the ratio of the decisions referred to above it is seen writ jurisdiction can be invoked in case of breach (a)the contract is entered into by the Government in the capacity as sovereign, (b)where contractual obligation sought to be enforced in writ jurisdiction arises out of statutory duty or so......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... potable water and adequate sanitation. 20. The Committee has further discussed that the legal obligations on States (under para 33) to respect, protect, fulfill their duties to secure rights and that these include administrative, judicial and other promotional measures for realisati..Category: Environmental Law | Date: | Hits: 255
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... land of rent receivers were acquired on the publication of the compensation assessment roll made under chapter V of part IV of the Act. Part V of the Act, which contains provision relating to the rights and liabilities of the tenants under the government after the elimination of all kinds of re..Category: Property Law | Date: | Hits: 34
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......mance of contract in favour of the said defendants, that after passing of the compromise decree dated April 28, 1993 the agreement dated June 17, 1987 between the parties became inoperative and the rights and liabilities of the parties would be governed by and determined with reference to the com..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n as to whether Revenue Officer, herein Additional Deputy Commissioner (Revenue), is competent under the provision of the State Acquisition and Tenancy Act to make correction in the record of rights maintained under section 143 of the State Acquisition and Tenancy Act, 1950 (the Act). Provi..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......te Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the appellants for correction of the record of rights under section 143 of the State Acquisition and Tenancy Act, that the Additional Deputy Commi..Category: Property Law | Date: | Hits: 36
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......arred by limitation and the submission that the learned Judges of the High Court Division erred in law in holding that refusal to extend time to the writ petitioner is violation of fundamental rights guaranteed under Article 27 of the Constitution inasmuch as the right guaranteed under Artic..Category: Banking Law | Date: | Hits: 124
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......uestion to be decided is one of fact, it does not involve an issue of law merely because documents, which were not instruments of title or contracts or statutes or otherwise the direct foundations of rights but were really historical material, have to be construed for the purpose. There is no g..Category: Property Law | Date: | Hits: 50
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....o make any open or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the appointments/contracts/agreements and the contractual rights of the plaintiffs, for the decree declaring that all transactions made and actio......pen or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the appointments/contracts/agreements and the contractual rights of the plaintiffs, for the decree declaring that all transactions made and actions taken by..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......without prejudice to the provisions of either section 39 or section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observatio..Category: Banking Law | Date: | Hits: 117
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....e of reading implied condition of a contract is not available in case of interpretation of statutes and thirdly that, in the instant case the statutory conditions of service have been deemed to be contractual conditions of service. 6. The High Court Division found on materials ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......eing an Advocate and a concerned member of the civil society felt that the issues raised in the writ petition having constitutional ramifications and affecting public interest and fundamental rights of the citizens this Division should be moved and hence filed the instant petition for leave..Category: Others | Date: | Hits: 97
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......iled under Article 102 of the Constitution challenging the judgment of the Artha Rin Adalat without making any case covered under the aforesaid Article not to speak of any ground touching fundamental rights of the petitioner. As a result, the superior Courts are wastage of public time which should b..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......rlier proceeding on the same facts. If the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a departmental..Category: Constitutional Law | Date: | Hits: 159
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......y consideration." 12. In the same volume at page 638 it has been stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights is in progress and further that "Acquiescence operates by way of estoppel. It is acquiescence..Category: Property Law | Date: | Hits: 47
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......itional District Judge, Comilla by his judgment and decree dated 23.3.79 passed in Title Appeal No. 156 of 1974 reversed the judgment and decree of the trial Court on the finding that the record of rights stands in the name of Surya Kumar and admittedly the appellant had no title to the suit land ..Category: Tenancy Law | Date: | Hits: 169
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......nd Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of the minors and also for ends of justice; in the case of Bhagoban Das vs. Mahad..Category: Property Law | Date: | Hits: 28
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......lt of respondent No.3 therein if any, and thus direction to return share of the petitioner herein to the respondent-petitioner herein is illegal, without jurisdiction and violation of fundamental rights of the petitioner. The learned Counsel further submitted that the High Court Division passed ..Category: Banking Law | Date: | Hits: 185
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......lice and dislodging them and taking some of them to the Kashimpur Vagrant Home in the name of rehabilitation should not be declared to be taken 7 done in violation of their fundamental rights as to residence, profession, trade, calling etc. and why their confinement in Vagr..Category: Constitutional Law | Date: | Hits: 150
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