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Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....f economic distress. The contention of Mr. Abdul Gafur is absolutely of no substance as it could not be argued by him that simply by finalising the talks and paying the consideration the transfer was legally complete before the registration of the Kabala. 5. The second point raised on behalf o.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in his capacity as a voter and member ...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...Category: Election Law | Date: | Hits: 216
....rative Appellate Tribunal constituted under section 5 of Act No. VII of 1981.
8. In order to appreciate the point involved in this Rule, it is necessary to recount briefly the constitutional and legal position with regard to administrative tribunals.
9. Article 117 of our Constitution cont...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....g the Annual General Meeting for the year 1985 should be fixed to be held on 28th February, 1988. Against that the petitioner submitted a written objection to the company pointing out the various illegalities inherent in the said agenda but ignoring the said legitimate objections, the respondent......ing for the year 1985 till the accounts for the said year 1985 is duly prepared as per order passed by this Court in the said Matter No.11 of 1985 on 19.2.86 and the parties were directed to maintain status-quo till 31.12.86. Thereafter, a Meeting of the Board of Directors of the company was held on..Category: Business or Commercial Law | Date: | Hits: 352
....to the terms and conditions of service of the Respondent No.2. The order of transfer of the Respondent No.2 is undisputedly a matter relating to the terms and conditions of his service. As such the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and condit......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
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Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....een made appealable. Mr. Nizamuddin Haider, and Mr. Abdul Haque, the learned Counsels appearing on behalf of the appellants in F.M.A. Nos.12 and 15 of 1983 respectively, could not refer to any such legal provision. Mr. Haider, however, submits that an order of remand can also be made under secti....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....h those 209 drums and in that view of the matter the respondents Nos.1 and 2 had no liability for loss of the 13 drums. In aid of his contention that the Port Authority, a statutory bailee, was under legal obligation to deliver those drums to the consignee and in this case the respondent No.3 having......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
.....3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated o......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
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Category: Property Law | Date: | Hits: 116
....Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Bangladesh represented by the Se......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396...
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....of valid notice, the plaintiff was not entitled to get a decree of ejectment as sought for by him against the defendant-petitioner. He then submits that the trial Court without considering this vital legal flaw passed the impugned judgment an as such, the judgment is liable to be set aside. 7.......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....sal of the second appeal. The Second Appeal No.583 of 1964 was dismissed for default on 4-8-78. As the decree holder Md. Abul Quashem, and the judgment debtor-defendants 1-3 died leaving behind their legal heirs, the said legal heirs were duly substituted in the Execution Case No.70 of 1964 by the A...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
...., Cox’s Bazar and was numbered as Session Trial Case No.119 of 2000. Subsequently it was sent to the Additional Sessions Judge, Cox’s Bazar for hearing and disposal. After observance of necessary legal formalities, the Additional Sessions Judge by his order dated 7.11.2000 framed charge under se......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
....para 4 thereof, it is stated that prior to the amendment made by the Local Government (Upazila Parishads and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 there was no legal bar for the Chairman of Union Parishad or Paurasava to contest the election for the office o......ing cases and not for other purposes, namely, to hear appeals and revision cases. In paragraph 58 it is observed: -
"We have also seen that sub-section (3) of section 9 is not concerned with the status of the Additional and Assistant Session Judges. It is concerned only with their appointment t..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit a......he respondent No.3 for upgradation of their scale and to bring equality with the scale of Auditor of (AG). The Ministry of Finance. The said application contained that the education qualification and status of both the posts are same but the scale of the Auditor (AG), Ministry of Finance, has been u..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....n 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be declared to have been made without lawful authority and is of no legal effect. 4. Background leading to issuance of the Rules, in short, is that the informant res...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
.... against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the original mark sheet and certificate......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....suit for specific performance of contract. 18. If defendant Nos.4-9 is prejudiced by the judgment and decree passed in the suit for specific performance of contract they may have recourse to legal measures before appropriate forum but they do not have any right to dispute the contract betwe......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....t at any point of time. The High Court Division noticed that the respondent herein obtained order from the Additional Deputy Commissioner (Revenue), Gazipur on 04.12.2002 and as such, he had acquired legal right to have her name mutated in respect of the disputed property. The High Court Division ca......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
....ge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the defendant No.1. Bank from the post of Executive Vice President is illegal, void and not binding upon the plaintiff and to reinstate the plaintiff in the service with al......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
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Category: Employment/Service Law | Date: | Hits: 175
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