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Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......before us two grounds, namely, (1) the case of appointment and promotion to the post of Assistant Accounts Officer, a Class II Gazetted post, which was held by the respondent being governed by the provisions contained in paragraph 120 of the Controller and Auditor General’s Manual Standing..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ...... High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the ..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......C ought to have been allowed in the circumstances of the case. 4. Mr. PC Guha, learned Advocate appearing for the appellants, submitted that the trial Court upon misconception of the provisions of sections 151 and 152 CPC erroneously rejected the appellants application dated 31-1-8..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....missal had been passed without consultation with the Supreme Court which is violative of the provision of Article 116 of the Constitution and that the same had also been passed in violation of the mandatory Rule 5 of the Rules of Business, 1975 inasmuch as the same was not passed by the order of......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contravention of the provisions of section 107 of the Transfer of Property Act as the same was not registered as requir..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......abouts of defendant Nos. 1 and 2 were not known during and after the war of liberation and, as such, the suit property has been declared an abandoned property and that the Suit is barred under the provisions of the President’s Order No.16 of 1972, and Ordinance LIV of 1985 and that the sui..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......e law and to be treated in accordance with law. On a total misconception the learned Judges held that section 10A of the Act offends Articles 27 and 31 of the Constitution. On a reference to other provisions of the Public Demands Recovery Act we find that all the defaulting borrowers of Krishi B..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... learned Sessions Judge made the recommendation upon taking the view that MA Rashid Khan, Executive Director was not legally authorised to make the reports under section 25 of the Ordinance, that the provisions of law were not complied with, that there was no application of mind by the CMM in taking..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....…………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently sp......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......ered under the Companies Act, 1913 to treat the profit arising out of refixation of price by the Government on the stocks of the company as payable to the BPC can have any legal force to override provisions of IT Act. Considering all the facts, factors & circumstances de..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......6-7-83 communicated the decision of the Ministry of Land Administration and Land Reforms saying that the proposed transfer of acquired land by the Railway Administration was in contravention of the provisions laid down in the acquisition manual and, as such, the Railway Administration could not ..Category: Administrative Law | Date: | Hits: 130
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ection 102 of the Waqfs Ordinance, which was rightly negatived by the High Court Division upon taking a correct view that section 102 is no bar to a determination by the Civil Court as to whether the provisions of an Act have been complied with or not. Mr. Md. Awlad Ali further reiterates his submis..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......icial gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any defect in the preparation and publication of the..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....n a prohibitory negative form providing that “the High Court Division shall not make an interim order” meaning thereby that the conditions precedent for the exercise of this power are mandatory, not directory. (2) The first condition is that the Attorney-General ......r of Customs, challenging the interim order passed in Writ Petition No.4254 of 1997 on 7-7-97, and questioning the basis and foundation of this power, inviting the Courts to open their eyes on the provisions of Article 102(4) of the Constitution. 2. The writ petitioner-respondent N..Category: Criminal Law | Date: | Hits: 119
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... plaint, the plaintiff made the statement that the copy of the notice under section 106, the postal acknowledgement receipt etc. had been filed along with the plaint presumably in compliance with the provisions of rule 14 of Order VII CPC. PW 1 in his evidence along with his other documents also pro..Category: Tenancy Law | Date: | Hits: 93
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......atian Nos. 4512 and 4514 respectively situated to the north of the homestead of the petitioners who are washermen. The acquisition was challenged, inter alia, on the ground of non-compliance with the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (No. II of 1982)..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... Lastly, the learned Judges of the High Court Division illegally reduced the claims interest of the appellant by allowing interest from the date of their own decree ignoring mandatory provision of section 47B of the Insurance Act which displaced the discretion conferred o......uit. The High Court Division further modified the decree of the Trial Court by allowing interest at the statutory rate from the date of the decree passed by the High Court Division by ignoring the provisions of section 47B of the Insurance Act. 7. Leave was granted on the submissio..Category: Business or Commercial Law | Date: | Hits: 147
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....irst contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of article 50 of the Order which is mandatory. He further contends that the reliefs claimed in the election petition are also not in con......72, hereinafter referred to as the Order. One of the grounds urged was that, the Returning Officer and the Assistant Returning Officers were impleaded in the election petition in contravention of the provisions of article 50 of the Order. The other ground was that, the reliefs claimed in the electio..Category: Election Law | Date: | Hits: 168
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......ing parents seeking custody of the children. There was, however, agreement on one point that nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of the children which must be the determining factor in deciding the qu..Category: Family Law | Date: | Hits: 250
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