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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....intiff’s case that it is the holder of clean bills of lading and the defendants can neither claim lien on the cargo nor refuse to deliver the cargo to the plaintiff. It prayed for a decree of mandatory injunction against defendant Nos. 1 and 2 compelling them to discharge the cargo to the ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....equisition of Immovable Property Ordinance, 1982 and the fact that the respondents have not pleaded or proved any agreement required to be entered into under section 15(1) of the Ordinance which is a mandatory provision, the acquisition proceeding in the two LA cases are without lawful authority and...... Court Division. But I would like to mention here at the first chance the most important fact of the case and that is, the appellant never raised any objection to the aforesaid acquisitions under the provisions of the Ordinance and RAJUK have already paid more than Taka 92 crore towards compensation..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
.... Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted the suit against the ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......(Act No. LXXV of 1950) were applicable and they continue to be so applicable in this case under Articles 62,150 and 152 of the Constitution, the impugned order is violative of the still applicable provisions in Rule 12(3) the India Army Act and Article 31 of the Constitution are far‑fetche..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......elationship of landlord and tenant between the plaintiff and the defendant, the defendant could raise the plea of title. 9. To answer the first question it may be pertinent to refer to some of the provisions of the Small Cause Courts Act, which are relevant. 10. Section 15 reads: “(1) ..Category: Tenancy Law | Date: | Hits: 87
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......equent SRO. 8. As to maintainability it was held relying upon Dhaka Warehouse Ltd. and others vs. Assistant Collector of Customs 11 BLD (AD) 227 that inasmuch as the vires of some statutory provisions were questioned which could not be adequately dealt with by the appellate authority und..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ...... prepared and published by it shall be prescribed as a text-book in any school and ‘text-book’ means a text-book for any class of any school. 19. It is clear from the aforesaid provisions that the Text-Book Board has been allowed by specific legislation to retain control over..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ice. Under Sub-section (3) of section 3B of the said Act he was to be given a reasonable opportunity of being heard before any order of cancellation of his sanctioned plan could be made. Both these mandatory provisions were violated by the Kartripakkha. The shrinkage of the spaces required to be......Sub-section (3) of section 3B of the said Act he was to be given a reasonable opportunity of being heard before any order of cancellation of his sanctioned plan could be made. Both these mandatory provisions were violated by the Kartripakkha. The shrinkage of the spaces required to be kept on th..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the impugned judgment..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ...... necessary to remember that what is administered in Courts is justice according to law, and considerations of fair play and equity however important they may be, must yield to clear and express provisions of the law. If in reaching its decision in Second Appeal the High Court contravenes the..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ong line of decisions. To begin with one of our own decision Mohammad All vs. State, 35 DLR (AD) (19 324, the question was whether accused being, public servant prior sanction for his prosecution was mandatory under section 6(5) of the Act and that when the process was issued against him without the......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ...... by this Division and the records came back to the original Court. The learned Judge has gone wrong in taking the aforesaid view and thus allowed himself to a wrong decision. 9. The general provisions relating to substitution of the legal representatives of a deceased party in a suit arc ..Category: Property Law | Date: | Hits: 70
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......ured will get the lowest of the sum thus arrived at. 28. Clause 18, however, will be applied in a single valuation policy. Where there is a Dual Valuation Clause, as in the present case, the provisions of the latter clause will apply. Read the fourth paragraph of the said Clause, reproduce..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......ction 48 CPC prescribed the maximum period within which the last execution case is to be instituted. 8. Mr. Md. Moksudur Rahman, learned Advocate for the appellant submits that there are two provisions governing limitation for applications to execute a decree or order. Article 182 of the ..Category: Civil Law | Date: | Hits: 133
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....nior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Syed to his residenc......ff informing that she dissolved the marriage exercising her delegated power of divorce and to the same effect she also sent notice to the Mayor of the Dhaka City Corporation in accordance with the provisions of the Muslim Family Laws Ordinance, 1961. In such circumstances on the intervention of ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ...... wife may sue him for maintenance, but she is not entitled to a decree for past maintenance, unless the claim is based on a specific agreement. Or, she may apply for an order of maintenance under the provisions of the Code of Criminal Procedure, section 488, in which case the Court may order the hus..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ...... was agreeable to take them back and that there was no criminality in the transaction. The contract is still subsisting, money still remaining due to him and there cannot be any prosecution under the provisions of sections 406/420 of the Penal Code at this stage. 11. The case of the other respon..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......or any action taken thereunder, and any proceeding under the said rules pending at the commencement of these rules shall be , continued, and disposed of, so far as may be in accordance with the provisions of these rules”. Rule 7(11) of Rules 1984 reads as follows: ..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... as the case may be, shall be payable by the tenant to the landlord in addition to the standard rent. Although the said amount/additional amount has not been clearly described as rent but reading the provisions of the said section which appear under Chapter III under the heading: Provisions Regardin..Category: Tenancy Law | Date: | Hits: 82
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