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Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......ed shopkeepers were rehabilitated thereby. 6. Respondent No. 3 had also filed an affidavit-in-opposition in the same vein. 7. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the requisition and acquisition were not made for the purpose of building ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......nt No.1) PW 6 and his mother-in-law i.e. grandmother of defendant No.1 as PW 7. Defendant No.1 also examined 7 witnesses including his alleged bargaders. 5. The trial Court decreed the suit holding, inter alia, — “on the contrary the plaintiff has proved each of..Category: Property Law | Date: | Hits: 75
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......ion by one Joynab Bibi on 2-10-1962 and the plaintiff by filing Title Suit No.130 of 1967 got the auction sale set aside and the decree was affirmed upto the High Court Division. Since the land of holding No.2 was not included in the aforesaid suit, the plaintiff entered into an agreement dated ..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......iction to hear and determine Marine accident for damages over Inland Water Ways in the province which is similar to that of the Court of Admiralty in England. 11. Thus we have no doubt in holding that the Admiralty Court has jurisdiction to entertain the suit and the suit is thus maint..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ppellate Court set aside the judgment of dismissal and decreed the suit reversing the findings of the trial Court. 6. In revision the learned Single Judge of the High Court Division, while holding that the suit was not barred by limitation, came to the findings that the evidence led in t..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
.... 4. The High Court Division found that the lower appellate Court did not controvert the reasonings of the trial Court that in 1331 BS the Bengal Tenancy Act was not amended and the settlement of agricultural lands with tenants was not attended with any formality. As such, the lower appellate C......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......ndent and instituted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 holding that the dues of the respondent Bank was in serious dispute. The respondent, in the meantim..Category: Business or Commercial Law | Date: | Hits: 106
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......hers. Respondent Nos. 3 and 4 are the son and wife respectively of respondent No.2 and respondent No.6 is the wife of respondent No.5. Out of 11,000 total shares of the company the petitioners were holding 1,000 shares each and the rest 9,000 shares are held by the remaining five directors. At a..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... Secondly, the High Court Division, having itself come to the conclusion that the determination of the genuineness of those annexures are not permissible in a writ petition erred in law in not holding that the writ petition was not maintainable; Thirdly, the writ petitioner havin..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......and not a monthly tenant in respect of the disputed stalls and, as such, the impugned orders have been issued lawfully. 5. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the petitioner was never a tenant under the Government and he was a licen..Category: Constitutional Law | Date: | Hits: 158
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......escinded by the Board itself in exercise of its authority under the Regulations, but the learned Judges of the High Court Division upon misconstruction of the said Regulation 12 fell into an error in holding that the writ petitioner was dismissed from service in violation of the said Regulation. ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......nstead of forcing her to go through a second trial. 12. We find considerable substance in the submission of the learned Advocate. The learned Judge of the High Court Division was right in holding that the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence u..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......h Court Division upon considering the said affidavit and hearing the appellant’s Advocate in an equally rambling and untidy judgment convicted and sentenced the appellant as already noticed, holding in the end of the judgment: So, the reporting by the contemner about the loca..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... Md. Abdul Jail, J found as follows: The ground is that on 10-12-90 the detenu in an interview with the BBC correspondence stated that he would start election campaign by holding a meeting of his party on 16-12-90 or on a near about date and he had nothing to repent or ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... it has a presumptive value as regards its genuineness which has escaped the notice of the Court of Settlement. The Attorney-General further submits that the High Court Division committed wrong in holding that the production of the certified copy of the registered deed of gift instead of the ori..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under section 93..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......ng 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 July 1974 for use and occupation of the Jatiya Rakshi Bahini and that the notices of requisition of the different parts of the holding were duly served upon the respondent and others who were then in possession thereof. It als..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......) of the Ordinance and that the settlement was not a settlement within the meaning of section 2(XXIV) of he Ordinance read with Rule 3(1) of the Rules 1977. 5. The Tribunal allowed the case holding that the benefits obtained under a terminated settlement has a binding force till a new se..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......on 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of law in holding that the duty is to be paid on the tariff value prevalent on the date of opening of the let..Category: Fiscal/Taxation Law | Date: | Hits: 94