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Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......-handed justice, on the ground that both the pre-emptors and the pre-emptee were found, being co‑sharers by purchase, to be on equal footing. We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......edom of association in the following manner: "38. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order." 10. There can be no doubt that the right ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......the Government lawyer was not taking proper steps in the suit, that the plaintiff was trying to obtain a decree by adopting various devices and that the appellants were not being able to defend their interest without being added in the suit causing serious prejudice to them. 6. The said applicati..Category: Procedural Law | Date: | Hits: 111
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......mination as, or for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be supplied to the Union Parishad concerned or has pecuniary interest in its affairs, or is a dealer in essential commodities appointed Government." ..Category: Election Law | Date: | Hits: 106
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......reat to general law and order in the country. There is a rider in the grounds that the disclosure of any other fact other than those disclosed in the grounds is considered to be against the public interest. 4. The appellant contended before the High Court Division that for the political ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......an Order, No. IM‑35/71‑13, dated 26 December 1971. Under this Order the Acting President authorised the Ministry of Commerce to take over such industrial and commercial concerns, in the interest of the country's economy, for putting them into operation immediately. Four days later, th..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......maining absent throughout the whole day. The Labour Court held that the order of dismissal dated 16.2.88 was passed legally but the punishment meted out to him appeared to be severe. Hence, in the interest of justice, the punishment was converted to termination of service with termination benefi..Category: Labour and Industrial Law | Date: | Hits: 100
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... building and completed the construction by 1980. 4. The respondent denied granting of any licence to the appellant. As a loan could be obtained from the Shilpa Bank at a lower rate of interest by her husband, he being an officer of that Bank, the respondent requested him to take loa..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......ot be decided without taking evidence and as to whether the suit is barred by law, it said, "Admittedly the plaintiff has possession in the suit land and he claims that he has right, title and interest in the suit land. It is the civil Court who can decide the right, fide, interest and poss..Category: Property Law | Date: | Hits: 81
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......venteen petitions were filed in the High Court of East Pakistan, claiming that the petitioners were entitled to retain possession of the hats belonging to them in spite of the acquisition of their interests under the State Acquisition and Tenancy Act. During the pendency of the petitions, the fo..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ...... a co-sharer purchaser. The provision for subdivision of a holding as provided under section 88 A, of the Bengal Tenancy Act is for the security of the purchaser co-sharer to protect his interest against any decree being obtained against the holding serving notice on the vendor, a..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......bsp; 10. Admittedly the appellant not being a resident of any part of the territories involved in the Delhi Treaty, the respondents contended that the appellant could have no interest therein which could be affected by the treaty and as such he was not a ‘person aggri..Category: Constitutional Law | Date: | Hits: 716
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ith all possible expedition. The Court should not allow its docket to be choked with stale matters, otherwise the whole process of adjudication will adversely be affected. The Court is to balance the interests of the party or parties affected by a decision, and public interests. In considering the q..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......TC Muharrars are the same and as such the petitioners are not affected by the impugned order of the government. It has been asserted that the impugned order was lawfully made in the greater public interest and in the interest of the department. 6. Respondents Nos. 5 and 6, who seem to rep..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......th dispossession. Hence the suit. 3. Defendants Nos. 1 to 5 contested the suit by filing two separate written statements. Their common case, briefly, is that the plaintiff has got no right, interest or possession in the suit land. He is not a co‑sharer of the suit land which is an e..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took the Pattan from Sunil Chandra Ghosh, some time in 1351‑52 BS..Category: Property Law | Date: | Hits: 62
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......d to Taka 17 (seventeen) lakh, minus the amount already drawn by the respondents. The amount must be paid to the respondents within three months from the date, failing which, this amount will carry interest at the rate of 10% till it is realised. Subject to this reduction in amount and direction ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......exception can be taken with these findings of the High Court Division. 18. Yet the writ petition was restored not on the ground of sufficient cause for non‑appearance but in the interest of justice and we would say that even here the High Court Division is neither bound by the..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ...... premises in suit consisting of 3 huts belonged to Gurudas Singha who died leaving three sons Sanui Benode, Jyoti Benode and Shakti Benode and a widow Snehalata Hemalata. Snehalata relinquished her interest by way of family arrangement in favour of her three sons. In the recent Settlement operat..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......he Headmaster or the Headmistress of the school will be the ex‑officio Member‑Secretary and there will be elected Members in stated proportions from teachers, guardians, founders, donors, persons interested in education and representatives from other institutions. 6. Regulation 20(1) is also ..Category: Property Law | Date: | Hits: 86