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Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ht to use those road situated in front of their respective plots and that plot no. 38A of road no. 45 is far away from the respective plots of the petitioners. It has also been stated that as per the provision of the Act, 1953 car park space is required to be constructed on the ground floor of any r......ice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......e Chief Metropolitan Magistrate respondent No.7 asking Mr. Faruk Ahmad Khan, Metropolitan Magistrate to be present in the said Association's canteen should not be declared to have been issued without lawful authority and to be of no legal effect. The petitioner prays for declaration that h responden..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....senting the review application before the Court and it was done on a mistaken assumption that it was an ex parte decree. This in our opinion, also has no substance because if a decree is ex parte the provision of Order 9, rule 13 of the Code of Civil Procedure would be attracted. Under the law in ci......olative of the Government Regulations was invalid. On this pleadings the court below took up the hearing of the suit during which the plaintiff examined P.W.1 and was cross examined by the defendants lawyer on 22.12.88 and the suit was fixed for further hearing on 13.2.89. On that day the defendant ..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....a of the opposite party No.3 by an order under section 516A CrPC remains in the seisin of the criminal Court pending the conclusion of the enquiry or trial. Mr. Saidul Huq drawing my attention to the provision of section 516A CrPC seriously contends that the vessel forms the subject matter of the al...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....hree degrees of the transferor. 6. Mr. AY Salehuzzaman, the learned Advocate for the opposite party Nos.1 and 2 Mr. Rabbani further submits that the Courts below misunderstood and misconstrued the provision of law in this respect as contained in clause (c) of sub‑section (10) of section 96 of t...... 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)
.... vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise in accordance with the provision of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972, Presi......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
....igh Court Division erred in law in directing to reinstate the writ petitioner in the service of the Corporation in failing to consider that he was terminated from the service for misconduct under the provisions of the Service Regulation of the corporation. It is further contended that the High Court......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 termination 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 status 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)
....en by the prosecution or the Court to make the case ready for hearing either by splitting up the case of the absconding accused under section 512 of the Code of Criminal Procedure or by following the provisions of section 339 B(1) of the Code of Criminal Procedure as amended and issuing gazette noti......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)
....b. He is now facing a trial for double murder and at this stage he should not be enlarged on bail as he would come directly under the embargo as in section 497 of the Code of Criminal Procedure which provision of law was also taken into consideration by the sessions court below in refusing his praye......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)
....abandoned list and restoration of the possession thereof on the ground that her building is not abandoned property and the same as neither vested in the Government nor her title being affected by the provision of PO 16 of 1972 stating that her vendor Mosaheb Ali was the Bangladeshi citizen and in pe......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)
....ken by a person performing functions' in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect." 9. From the provision referred above petitioner who filed appeal before the Respondent No.1 on 20.12.84 is still......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)
.... the respective petitions and contending, inter alia, that the area of previous upgraded. Thanas were designated as Upazila for the purpose of Ordinance LIX of 1982 and not for the purpose of any provision of the Constitution. After emergence of Bangladesh the then President of Bangladesh made ......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)
....e general average declaration and has no jurisdiction to make the declaration sought by the plaintiff herein. The authority of this Court in its Admiralty Jurisdiction is conferred and limited by the provisions of Admiralty Court Act, 1861. But the said Act does not confer any jurisdiction to this C......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)
.... law. In the instant case the detenu has been detained under a law namely, the Special Powers Act, 1974. But mere insertion of the law or a section of law in the order of detention is not enough. The provisions of the law must be strictly followed. Under Article 102 (2) (b) of the Constitution the H......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
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