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AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ment July 7, 1992. Result: The appeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz M..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....f Muharrars in the Government service but the impugned order has deprived them of their legal right.
8. The petitioners have claimed that the impugned order has been passed against the rules and principles of law and natural justice, allowing the juniors of the petitioners to supersede them. Th......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......ellip;……………………………………………….Petitioners
Vs.
Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and
other…………&hell..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......ut when the language of the section absolutely prohibits institution of the suit without prior notice, the suit becomes still‑born and has to be buried at its institution…. (9 & 10)
Lawyers Involved:
Fakir Abdul Mannan, Advocate—For the Petitioners
Mahbubey Alam wit..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....he ground of mala fide. In the case of Jamil Huq Vs. Bangladesh 34 DLR (AD) 125 it has been held that mala fide must be alleged and established by facts constituting mala fide in a court of law. This principle is also judicially well‑settled. It is easy on the part of any petitioner to make a vagu......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......M. Zahangir Hossain, 34 D.L.R. (AD) 173; Rear Admiral A.A. Mustafa (W.P. No. 64/92); Brigadier Abul Hasanat Md. Abdullah (W.P. No.15/87); Jamil Huq and II others Vs. Bangladesh, 34 DLR (AD) 125. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates—For the Petitioners in ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....ed right in favour of the petitioner and as such the cancellation of the lease without serving a show cause notice on the petitioner and without affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed tha......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......lso be the basis of a contract. There cannot exist an agreement to waive an illegality because it is against public polity (AIR 1965 (SC) 1465). Cases Referred to- (AIR 1965 (SC) 1465) Lawyers Involved: Md. Hannan, Advocate‑For the Petitioner. Writ Petition No. 1847 of 19..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......KM Musa and others………………………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant A..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....ear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but error is committed in their applicati......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......Babulal Chaukhari Vs. King Empenror AIR 1938 PC 130; Ata Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134; 16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General instructed by, B Hossain, Advoc..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....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 ......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 ...... Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. Lawyers Involved: AKM Ashaduzzarnan, Advocate—For the Petitioners SA Rahim, Advocate..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
......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
......ce Company Ltd. 119 ITR 431; CIT Vs. Alkali and Chemical Corporation of India Ltd. 158 ITR 58; Tennant Vs. Smith, 3 TC 158; Corry Vs. Robinson, 18 TC 411; Brij Lal Jajoo Vs. CIT, 17 DLR (SC) 16.
Lawyers Involved:
Moksudur Rahman, Advocate—For the Applicant Petitioner
AKM Mozamme..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....Transfer of Property Act, 1882, section 10, recognized the validity of a partial restriction upon a power of deposition in the case of transfer inter vivos, and there is no authority that a different principle applied in India before that Act was passed. Under English Law, if that were the test, a p...... 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 ......dan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and others Vs. Md. Khalilur Rahman, 37 DLR (AD) 21. Lawyers Involved: MA Matin with MA Jabbar, Advocates‑For the Petitioner. Zakir Ah..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....ld only do so by way of appropriate suit for declaration of tide and cancellation of the petitioner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this nature.
10. This petitioner had sent a notice demanding just......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.
......R (SC) 139; 40 DLR (SC) 22; Ananda Mohan Kundu and others Vs. Province of East Pakistan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252.
Lawyers Involved:
Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......ing relief in writ jurisdiction….(7)
Cases Referred to-
M S Madhava Rao and others Vs. DVK Surva Rao, AIR 1954 (Mad) 103; Gopi Nath and another Vs. Ram Nath, AIR 1925 (All) 356.
Lawyers Involved:
AK Badrul Huq with Dil Mohammad, Advocates—For the Petitioner.
Faz..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... 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
......e release of 43092 single phase electric meters imported for 14 Town projects, that ban on import of single phase electric meters shall remain in future, that local manufacturers shall participate in International Tenders for supply of electric meters in future on the basis of ex‑factory rate dedu......……………….Respondents [In all three writ Petitions]
Judgment
March 4, 1992.
Result:
The petitions are failed and the Rule is discharged
Lawyers Involved:
Fida M Kamal, Advocate‑For the Petitioners (in all 3 writ petitions)
A..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
.... 10. It is needless to state that the learned Advocate for the petitioner has unnecessarily referred to Articles 11 and 59 of the Constitution inasmuch as Article 11 only states the fundamental principles of State policy regarding effective participation by the people through their elected rep......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 ...... Vs. Anijad Ali alias Nazu Mia and Ors, 42 DLR (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved: Abdul Hamid Chowdhury, Advocate—For the Petitioner. Writ Petition ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
.... Vs. Government of Bangladesh), heard along with Civil Appeal Nos. 1 and 4 of 1991, wherein it has been held:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C......
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
......Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2) Zainal Abedin Vs. Bangladesh, 34 DLR 77.
LawyersInvolved:
Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haid..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....endments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties." It is clear from the above provisions of law and the settled principles that before allowing any amendment or alteration of the pleading, the court must come to ...... 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 ......nature and character of the suit or the same is not inconsistent with the earlier pleadings or it does not substitute any cause of action of the suit……………..(5) Lawyers Involved: Ruhul Amin, Advocate— For the Petitioner. Miah Abdul Gafur, Advoca..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....………Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellat......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
......…(6)
Cases Referred to-
Lutfu Hiah Vs. Government of Bangladesh and others, 1981 BLD (AD) 105; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Miss Nihad Kabir, Advocates—..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....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.
......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.
......r Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
Mahbubul Huque with AQ..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....e party having duly appeared contested the suit by filing a written statement wherein he denied all the material allegations made in the plaint and contended, amongst others, that the suit was hit by principle of estoppel, waiver and acquiescence. 4. His case, in short, was that he made improve......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 ...... 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183; Abdus Sattar and others Vs. Suresh Chandra Das and others 32 DLR (AD) 170. Lawyers Involved: SK Sinha, Advocate—For the Petitioner. MA Mannan, Advocate—F..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....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. ......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. ......982 (SC) 149; DS Nakera and others Vs Union of India, AIR 1983 (SC) 130; Bandhu Mukti Morcha Vs. Union of India, AIR 1984 (SC) 802; Dr. DC Wadhwa and others Vs. State of Bihar, AIR 1987 (Sc 579. Lawyers Involved: Asrarul Hossain and Khandker Mahbubuddin Ahmed, Senior Advocates (Md. Joynu..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
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