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....6.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikata......3 DLR (2011) 666.
......tablishments built thereupon.
5. Being aggrieved by the aforesaid judgment and decree of the trial court the defendant preferred an appeal, numbered as Title Appeal No.177 of 2005, challenging the legality of the judgment and decree of the trial court.
6. The Additional District Judge, 1st Cou..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R...... Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal institution and was functioning as a bank without any approval from the Bangladesh bank or any..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, as set out in the Writ Petition, in short is as follows: ......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case...... public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....that the BG Press did not file any Appeal challenging the result of the Junior Division League before the Football Federation Appeal Committee and that the Arbitration Tribunal was not constituted by proper authority in view of the fact that the Executive Committee of the Football Federation was not......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involve......ে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental righ..Category: Constitutional Law | Date: | Hits: 165
....b), the Court after notice and given the parties hearing, may decide the matter:
(d) in deciding the matter, the Court may pass such orders including orders regarding cost, as it may deem just and proper and it may, in appropriate cases, require, by such order, the reinstatement of the complainan......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
New Eastern Trading Corporation Limited……………….Petitioner
Vs.
Chairman, Third Labour Court, Dhaka and another………………..Respondents
Judgment
July 1, 1991.
Cases Referred To-
Jam......how cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossa..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....e sentence should run concurrently. It has also been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and immovable properties be confiscated to the State. The trial Court also found appellant Alfazuddin Ahmed of Cri...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......e bills namely, Bill Nos. 154, 129 and 147 and in this matter appellant Alfazuddin has abetted him. The learned Advocate appearing on behalf of appellant Abdul Hakim at the very outset questioned the legality of the prosecution of this appellant on the ground of sanction. He submits that the sanctio..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....passed in that aforesaid suit stands vitiated by fraud. The term "fraud" has not been defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitabl......HCD) (1993) 349. ......en defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by wh..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....al is pending adjudication in respect of a matter in issue between the same parties in a previously instituted suit which is also a matter in issue in the subsequent suit between the same parties the proper course is to approach the subsequent Court in which the suit is pending for staying trial of ......R (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve......ster of Uttar Kafrul High School and appointed the respondent No.4 Mr. AKM Kader, an Assistant Teacher of the said School, in his place has been challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed as an Assistant Headmaster o..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......urt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Anil Krishna Mondal ……………..Petitioner Vs. Chairman, Labour Court and others……………….Respondents Judgment August 7, 1991. Lawyers Involved: Md. ...... Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawful authority and is of no legal effect. 2. The petitioner was the Assistant Cashier under the Respondent 4, the Crescent Ju..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....g plaintiff and some defendant as heirs and other defendants are the heirs of Abdur Razzak and Dalema Bibi. In this way plaintiff inherited one anna 5 gondas, 2 krants 2/3rd Danties share in the suit property and in addition to that share he made purchase of 3.07 acres of land on the strength of reg......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......d dissatisfied with the judgment and decree dated 29.2.67 passed by Additional District Judge, 3rd Court Dhaka in Title Suit No.31 of 1960 preferred this Second Appeal. 8. The grounds on which the legality and propriety of the judgment and decree passed by Additional District Judge, 3rd Court, Dh..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....s suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by J......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ossession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular Partition Suit if defendant Nos. 8 and 9 are found to have transferred land in excess of their legal share. On this findings the learned Additional District Judge allowed the appeal on setting as..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, title or interest in the suit property and they had also acquired no right by way of adverse possession and accordingly he dismiss......DLR (HCD) (1992) 69.......ppears‑ (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of the jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks f..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......t: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respondents Judgment May 9, 1991. Result: The application......t No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absorb and appoint the petitioner as a..Category: Employment/Service Law | Date: | Hits: 82
....iolation of the Rule and demanded cancellation of the appointment of the petitioner as a professor on probation. The interpretation given by those teachers is quite wrong and the Selection Board upon proper interpretation and application of the Rule relating to qualification for appointment of profe......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J......f the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of no legal effect and why the respondents shall not be directed to cancel, rescind or withdraw the same. ..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....gent will not be entitled to any remuneration in respect of the part of the business which he had misconduct as will be evident from section 220. Section 221 provides for agents lien on principal's property as under: "Agent's lien on principal's property-in the absence of any contract to the co...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………..............hat though the writ petitioner's principal accepted the terms and conditions of the contract but the contract document relates to the foreign currency component of the contract and thus there is no legal bar in making payment to the local agent, that the condition for payment of local agent's comm..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim................................irectorate of Food, Khadya Bhaban, Dhaka imposing penalty for recovery of Tk.1,68, 131.44 from the respondent and the order dated 13-8-2001 issued by present petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitioners not..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ent dated 8.3.1985 is annexed as Annexure "A". The salient features of the aforesaid agreement are as follows: (a) The respondent No.1 will pay Tk. 10 lacs to the petitioner No.1 and get the house property of the petitioner No.1 located at No.109, Hrishikesh Das Road, Dhaka including the machin......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......eased from Pubali Bank which were mortgaged to the Pubali Bank for the loan taken for the respondent No.2 company. As the respondent No.1 failed to fulfill the terms and conditions of the agreement a legal notice dated 4.2.87 was issued upon respondent No.1. On receipt of the said legal notice the r..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....s Republic of Bangladesh, the actions of the respondents are violative of the provisions thereof. He has also submitted that whenever any passport is issued and delivered to a citizen, it becomes the property of its holder and in that, cancellation of the passport of the petitioner, is also violativ...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government......pugned order of detention by the Government. 5. On the appeal preferred there against the Appellate Division by its judgment dated 28.3.88, however, declared the very detention of the petitioner illegal, mala fide as the same had been made for a collateral purpose. The case has been reported in 4..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....eing no reliable basis for the confidential report of the said committee, the decision taken by the Discipline Committee of the Board of Intermediate and Secondary Education Jessore was not legal and proper. The suit was, accordingly, decreed and the Gazette Notification No.2545 dated 8.12.1981 was ......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Refer......Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding upon the plaintiff and for a mandatory injunction directing defen..Category: Civil Law | Date: | Hits: 84
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