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Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... spoke for the court expressed himself thus: “When a person with knowledge of a previous contract of sale purchases the property the purchase is voidable at the option of the prior promisee and the contract with him can be enforced specifically against the subsequent purch...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......f obtained succession certificate in respect of the properties left by her mother in Succession Certificate Case No. 629 of 1983. On 2 June, 1986 a notice was published in the daily Ittefaq by the Ministry of Works directing Md. Ismail, since deceased, to show cause why the lease deed relating t..Category: Property Law | Date: | Hits: 82
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......amal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January ..Category: Constitutional Law | Date: | Hits: 149
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents ..Category: Criminal Law | Date: | Hits: 78
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......tly transferred to the Court of Senior Assistant Judge, Sujanagar, Pabna and as Other Class Suit No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber Commerce and Industry is illeg..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......une 24:1994. He spent major portion of that amount in purchasing essential house-hold articles for his new establishment. But his appointment was cancelled by an order dated. 18.8.94 issued by the Ministry of Finance. On August 20, 1994 he was asked to deposit the money advanced to him and there..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......im has brought to our notice even an inspection report of the said Girls High School submitted upon inspection by an Assistant Inspector of Education of the Inspection and Audit Directorate of the Ministry of Education. Mr. Karim made all this exercise to impress upon us that a recognised second..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... his rank are governed regarding matters of appointment, promotion, etc, by the Auditor General’s Manual Standing Orders since no recruitment rules were made in connection with their service prior to 30-3-83. The Comptroller and Auditor General is the appointing authority of the respondent...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......) Rules, 1976 on 14-3-78 and issued show cause notice to which he replied denying the charges. On 25-9-78 he was illegally removed from his service. He filed an appeal against the said order to the Ministry of Finance through the Comptroller and Auditor General but instead of forwarding the same..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....w students and social action groups to articulate in the legal arena the diffused interest of several million unorganised people in the lower socio- economic strata to force a change in the system of priorities, procedures and policies for the benefit of those who were till then kept outside of it. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others…………………………â€..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......hereof after registration of the sale deed, which was to be executed after obtaining permission from the then Dhaka Improvement Trust (briefly DIT) now RAJUK defendant No.3, procuring an income tax clearance certificate from the relevant authority and liquidating all other liabilities in respect ......nbsp; Mohammad Abdur Rouf J.- This appeal, by leave by the Government of Bangladesh, defendant No.5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No...Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......tafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka…………&helli..Category: Administrative Law | Date: | Hits: 119
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ...... Nos. 3 and 4 under various threats and torture obtained his signatures on blank papers and forwarded the same to accused Nos.1 and 2. The said accused Nos. 1 and 2 converted the blank papers into clearance letters and withdrew Taka 3,00,000.00 from his account at Sonali Bank, Rajapur Branch. Th......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ion a written explanation was submitted by the appellant which, inter alia, reads as follows: 4. Subsequently an inter-Ministerial meeting held on 17-11-1979 with representatives from Ministry of Finance, Ministry of Petroleum and Mineral Resources and Ministry of Law & Parliam..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......d against him for want of evidence. After his release from Dhaka Central Jail on 18-8-77 he reported his joining at the Establishment Division but he was not allowed to join and was informed by the Ministry that he was suspended from service by a Memo. dated 20-3-76 which was unknown hithertofor..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......radicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12-12-79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railway at village Jinard..Category: Administrative Law | Date: | Hits: 130
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....ght not to have disposed of the application on hearing only the respondents. 5. We find considerable merit in the second submission of Mr. Ahmed and do hope that in a proceeding of this kind some priority will be maintained so that such grievances may not come to our notice in future. 6. But......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ...... for discharging 2500 to 3000 metric tons of wheat through vacuvators from the Chittagong Silo Jetty. The writ petitioner’s tender was the lowest amongst three bidders and the Minister-in-charge of Ministry of Food approved of the petitioner’s tender on 4-2-97, but in a meeting held in the Minis..Category: Others | Date: | Hits: 113
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ase of Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. AIR 1985 (SC) 330. 11. The fact, of the cited case are that, by a notification dated 6-4-84 the Ministry of Finance of the Government of India in exercise of powers conferred by Rule 8(1) of the ..Category: Criminal Law | Date: | Hits: 119
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......g the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeited books. 2. Eight books written by the petitioner were forfeited by the Ministry of Home Affairs by a Notification dated 8-12-93 published in the Bangladesh Gazette on 30-1..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....lute and set aside the concurrent decree. 4. It appears from the impugned judgment that it was argued on behalf of the defendant that the suit was not maintainable on the ground that prior notice as required under section 78 of the Local Government (Union Parishads) Ordinance, 198......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..Category: Employment/Service Law | Date: | Hits: 94
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....e Writ Petitioners challenged the cancellation of their Registration Certificate on the grounds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his indepen......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......reau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter brought the matter to the notice of the Government in the Ministry of Commerce who gave direction to the Controller of Imports and Exports and latter cancell..Category: Business or Commercial Law | Date: | Hits: 117
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