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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... will not be bound by an order made in a proceeding under section 145 CrPC to which he is not a party. It was further found in the said case that where the husband of the plaintiff had ignored the rights of the plaintiff and had set up his own rights in the land it is not possible to say that th..Category: Property Law | Date: | Hits: 69
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......ent of legal possession of the property, cannot but be termed as unauthorised occupiers of the same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced b..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ot;Presumption which is stated in sub-section 5 of section 5 of the Bengal Tenancy Act is a weaker presumption than the presumption that attaches to the entry in the finally published record-of-rights. Where the lower appellate Court had evidence before it to come to a finding that the presu..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......n 1947 and accordingly, there was no necessity of praying for further relief in this matter. All that the plaintiffs wanted was to remove the cloud created due to the erroneous entry in the record of rights and refusal by the Government to accept rent from them. In view of the above, the decisions c..Category: Civil Law | Date: | Hits: 137
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... the said Act. The impugned letter dated 26-4-97 was issued for, compliance with section 25 (3) of the said Act. 8. The High Court Division found that there was no violation of fundamental rights of the petitioners as urged by them. 9. Dr. M. Zahir, learned Counsel for the petit..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... While the trial Court decreed the suit the High Court Division in First Appeal dismissed the suit. 5. Dr. Rafiqur Rahman, learned Counsel for the plaintiff-petitioners submits that the record of rights have all along been prepared in the name of the plaintiffs’ predecessors. True, but the pla..Category: Tenancy Law | Date: | Hits: 82
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......s out of 100 marks for interview and making 18 marks as pass mark. This system paved the way for arbitrary action on the part of the promotion committee and it was thus violative of the fundamental rights guaranteed under Articles 27 and 29 of the Constitution. The petitioner alleged that not on..Category: Employment/Service Law | Date: | Hits: 63
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... seva puja, but most of his co-shebaits had left for India and those who were still residents at Dhaka had not been taking any step to recover the said endowed property, in order to safe-guard the rights of deity. 4. During the pendency of this suit Hem Chandra Chakraborty died on 7 Sep..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ...... the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others of the list&he..Category: Employment/Service Law | Date: | Hits: 81
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ...... may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic or of ..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......on did not authorise the Inspector General of Registration to transfer the 3rd and 4th class employees of his office and it was done malafide. As the respondent has come to protect his fundamental rights under Articles 27, 29 and 31 of the Constitution the writ petition was maintainable. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......examined by the prosecution, the High Court Division observed. PW 1 also could not say whether they were paying rent for the purchased land or whether their names have been mutated in the record of rights or not. The High Court Division found that it was not at all clear what prompted the accused..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......he Indian jurisdiction are cases in respect of civilian employees where malafide has been taken into consideration. 7. AR Yousuf next contends that the petitioner did not invoke fundamental rights and this petition was under Article 102(1)(a)(i) of the Constitution. Yet the High Court Div..Category: Employment/Service Law | Date: | Hits: 77
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......dants collusively got the land recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for correcting the record of rights. The plaintiff has discovered a pillar from beneath the earth in which his name is engraved..Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......d and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involved: B Hossain, Deputy Attorn..Category: Property Law | Date: | Hits: 56
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......ave been given by the learned Advocate for the petitioner but not by the petitioner himself, as such a consent amounts to committing a suicide. Only 10% shareholders cannot ride roughshod over the rights of the majority 90% shareholders. 8. In the absence of an appeal against the Order d..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......es producing an erroneous decision in the present case because of the wrong view of the law, the impugned decision has cast a long shadow on the established law touching people’s fundamental rights and Court’s jurisdiction and therefore the ‘public importance’ principle d..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......f Criminal Procedure, 1898 (V of 1898), Section 96 Search conducted with a duly issued search warrant by a competent Court under section 96 Cr. P. C. is a reasonable restriction on the rights enumerated in Article 43(a) of the Constitution……………&hell..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......ing the assessment but also demanding refund of the alleged excess amount paid for releasing the imported goods. 26. When a writ petition is filed for enforcement of any of the fundamental rights under sub-article (1) of Article 102 of the Constitution apparently there is no question of..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......ned Single Judge of the High Court Division wrongly took note of sections 54 and 55 of the Transfer of Property Act. Section 54 of the Transfer of Property Act defines sale and section . speaks of rights and liabilities of buyer and seller. It is very difficult to understand why reference of sec..Category: Property Law | Date: | Hits: 64