Search Options
Judgment Advanced Search
Displaying 3461-3480 of 3734 results.
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......decessor PICIC and the respondents. As such it is an error apparent on the face of the record and needs to be corrected. 12. Article 3 of President's Order No. 128 of 1972 provides that the provisions of this Order and any rule made thereunder shall have effect notwithstanding inconsisten..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d out that the petitioner was not a public servant while in service of the Supreme Court, nor’ did he become a public servant after retirement; he was a Judge appointed under the provisions of Chapter VI of the Constitution; he was not a public servant, that is, "a person..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ncerned Ministries not to prepare such Gradation lists showing seniority of officers as such lists would came in conflict with Article 140(2) of the Constitution which makes consultation with the PSC mandatory. These Gradation lists, he contends, were not final but were mere lists of members of the ......his circular as it was not published in the Gazette. On the basis of this Memorandum a Gradation list was prepared on 31 May 1989 in which the petitioner was shown junior to respondent Nos. 3-11. The provisions of this Memorandum were made into statutory Rules, that is, the Ad‑hoc Appointment (Cou..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......at any rate the ‑High Court Division wrongly interfered with the order of the Sessions Judge on the basis of such application, (2) that the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attainment of majority while deciding question of custod..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......her is that the Appellate Tribunal misconstrued Regulation 12(ii), which, according to him, is itself violative of Article 27 of the Constitution of Bangladesh and also it is inconsistent with the provisions of the Services (Re‑organisation and Conditions) Act, 1975, as well as the Public ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....d the present writ petition after the commencement of illegal construction works by the respondent Nos. 1 and 5; the said construction of the multi-storied shopping complex is in violation of mandatory legal provisions of the Building Construction Act and construction has been undertak......pondent No. 2 filed affidavit-in-opposition contending that the respondent No. 1 on 30-5-1994 submitted an irregular plan for constructing ten storied commercial building without complying the provisions of Act, 1952 and without observing all the formalities; the application form for submiss..Category: Environmental Law | Date: | Hits: 293
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... 6. Mr. Akram Hossain Amin, the learned Advocate-on-Record, appearing for the pre-emptee petitioners by referring to the cases reported in 37 DLR (AD) 184 and 2 MLR (AD) 330, submits that the provisions of section 14 of the Limitation Act can only be invoked when the party concerned is not..Category: Property Law | Date: | Hits: 68
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... Publication Ltd and also the Printer. Publisher and the Editor of the dally Ittefaq the moment he assumed the office of the Minister. They further submitted that the provision of Article 147(3) is mandatory in nature and hence the bar created by sub-Article (3) of Article 147 against holding the...... Since the appellant is no more a Minister, the Rules in the Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Exec..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......n the rule are not exhaustive of the cases in which a Court may reject a plaint, yet a Court should not reject a plaint merely because it suffers from some defects and does not comply with some provisions. The proper procedure in such cases is to call on the plaintiff to cure the defect and ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... not the Code of Civil Procedure. Further, words reading "the further expenditure charged on the Consolidate Fund" as provided in clause (b) of Article 90(1) of the Constitution makes it mandatory to introduce in Parliament a Bill to provide for appropriation out of the Consolidated Fu......on, after hearing, discharged the Rule. 3. Leave was granted on the submissions that the High Court Division erred in law in interpreting Articles 84, 85, 88 and 90 of the Constitution, the provisions of Order XXI, rules 52 and 56, CPC, Articles 71 and 72 of President's Order No. 127 of ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... section 96 If re-conveyance is made during the pendency of the pre-emption case in terms of a genuine agreement for re-conveyance, it would not be hit by the principles of lis pendens under provisions of section 52 of the Transfer of Property Act, 1882. …………&he..Category: Property Law | Date: | Hits: 67
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... May 2, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed b......ssuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law……&he..Category: Civil Law | Date: | Hits: 95
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....necessary parties and accordingly, the appellate Court disallowed the case for defect of parties. 13. Mr. Karim submits that impleading of necessary parties in a pre-emption proceeding is a mandatory requirement under section 96(2) of the State Acquisition and Tenancy Act and non&sh...... suit may be rendered infructuous at the option of the excluded party. It was further held that the question of parties in such a suit is considered entirely on a different footing, not because the provisions of Order I, rule 9, CPC or Order I, rule 13, CPC are not applicable to such a suit but ..Category: Property Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Section XXXVII, rule 2 During pendency of Summary Suit No. 6 of 1996 in the Court of the District Judge, Dhaka under the provisions of Order XXXVII rule 2 of the Code of Civil Procedure respondent no. 1 brought the Writ..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....00 of 2001 discharging the Rule. 2. The respondent as plaintiff instituted Title Suit No. 160 of 1997 in the 6th Court of learned Assistant Judge, Dhaka, for declaration of title and mandatory injunction for release of the property. The suit was filed with the averments that the s...... 1982, the learned Counsel for the defendant-appellant asserts emphatically that in view of the ouster clause in the Ordinance and in view of failure of the plaintiff to make out any case that the provisions of the statute have not been complied with, the bar of filing the suit cannot be ignored..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......not within their jurisdiction in setting aside the auction sale at the instance of a person who has not claimed title in the property sold in auction in the certificate proceeding initiated as per provisions of the Public Demand Recovery Act after lapse of about 12 years. The impugned order of t..Category: Banking Law | Date: | Hits: 121
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......as held in the case reported in 13 CWN, 160, that transfer of immovable property by a Muhammadan to his wife purporting to be made in consideration of a dower debt is a sale and is governed by the provisions of section 54 of the Transfer of Property Act. In the case of Mohammad Zaki Khan and ot..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......itioner No. 1 for restoration of the house but it was of no avail. The house was included in the 'Ka' list of the abandoned buildings and published in the Bangladesh Gazette on 28-8-1986 under the provisions of Ordinance No. 54 of 1985. The writ petitioner then filed an application under section..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....e is contrary to the provisions of the Bangladesh Telecommunication Act, 2001. 11. The learned Counsel submitted that the section 36(2) (d) of the Bangladesh Telecommunication Act, 2001 makes it mandatory which states that while considering such application, the Commission shall, among others, ......gh Court Division committed gross error of law on the supposed theory of "In interpreting the provision of a statute as cohesive and workable meaning has to be given and in order to do that the provisions of the statute have to be read as a whole" and thereupon misinterpreted the provision o..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......ale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall lie with the mortgagee. In such a case provisions of Transfer of Property Act shall not apply to resist redemption……(16) ..Category: Property Law | Date: | Hits: 71
11261125112411211119111711141110110611051104110010931091108910871083108210801079