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Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ...... as being within the three decrees of consanguinity. 5. Mr. Gholam Rabbani, the learned Advocate appearing for the pre‑emptor petitioner, submits that both the Courts below committed an error of law in their decisions occasioning failure of justice in dismissing the pre‑emption case on the gr..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......Bangladesh was issued calling upon the Respondents to show cause as to why the Memo No. sha-10/shuko-73/79/293 dated 17.4.85 contained in Annexure 'G' should not be declared to have been made without lawful authority and of no legal effect. 2. Facts giving rise to this Rule may briefly be put thu..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......ion is maintained by this Court. 11. Mr. M Shamsul Alain, the learned DAG, on the other hand, submits that the points canvassed by the learned Advocate for the appellants are not tenable either in law or on facts. His submission is that the prosecution has been fully able to establish its case by..Category: Criminal Law | Date: | Hits: 73
....eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......es. The writ petition is liable to be dismissed.
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropriation of the so-called charge, the impugned order of terÂmination is..
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......both the parties and considering the facts and circumstances and relevant rules, made the rule absolute and declared the impugned order accepting the resignation of the petitioner illegal and without lawful authority and directing the respondents to reinstate the petitioner in service with all arrea..Category: Employment/Service Law | Date: | Hits: 53
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain staÂtus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......titioner, as plaintiff, filed the above mentioned Title Suit No.2 of 1984 for specific performance of contract. The plaintiff’s case, in short, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plaintiff purchased 13 decimals of land of plot No.4275 of mouza Magura fr..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......Republic of Bangladesh, the respondents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the ..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......e same which reads as follows: "35(3). Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law." But, unfortunately, in many a case, we find dereliction and also denial of the said right w..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......o add further material to the original one which is the pre‑requisite of a supplementary charge sheet and the said supplementary having not added anything to previous FIR cannot exist in the eye of law. He has further submitted that in the instant case there was an examination of the gun by ballis..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......below cannot be sustained. The learned Advocate further submits that it was nobody's case that 3/4th share of the demised property was vested property but the court of appeal below committed error of law and misdirected itself in assuming jurisdiction not vested in him in presupposing that the prope..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......ng upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was re..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......Servants (Discipline and Appeal) Rules, 1983. It is further urged that respondents are silent in respect of the disposal of the appeal with a view to prevent the petitioner from seeking protection of law from Administrative Tribunal thereby violating Article 31 of the Bangladesh Constitution in the ..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......ules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 (Ordinance No.37 of 1991). 2. As common question of law and facts are involved, these Rules have been heard together and are being disposed of by this ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......se the plaintiff insurance corporation being subrogee is entitled to file the suit under the Admiralty Court Act, 1861, as the right as well as remedy gets transferred to the subrogee by operation of law. 5. The plaintiff being subrogee has invoked the jurisdiction of this Court under Admiralty C..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......rintendent of Dhaka Central Jail, Dhaka to show cause why the detenu Mahbubur Rahman should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The Secretary, Ministry of Home Affairs was directe..Category: Criminal Law | Date: | Hits: 81
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......red for the respondent. 8. Mr. Karunarnoy Chakma, the learned Deputy Attorney General has mainly argued that this petitioner was dismissed from service following all the procedures of the relevant law and that she was given all opportunities also to defend herself and there was no defect in the e..Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect that the suit land was admittedly acq..Category: Property Law | Date: | Hits: 65
....d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......fully performed his functions as the Principal for about 26 years. There were two selection committees. The 1st selection committee was formed on 17.4.2006 comÂprising 4 members in violation of the law of the National University. The 1st selecÂtion committee selected the petitioner as the Princip..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......eness of the kabala in question. However, both the appellate court and the revisional court rightly opined that as the signatures of the kabala in question are admitted by the defendant as of his own law put heavy burden on him to prove the circumstances under which he put these signatures. Both the..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......e suit was decreed on contest and the Advocate Commissioner partitioned the property and prepared the saham after servÂing notices upon the defendants duly and the preliminary decree was made final lawÂfully as no objection was filed against the Advocate Commissioner's report and that the final d..Category: Property Law | Date: | Hits: 80
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