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.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......ervice of the Republic in respect of the terms and conditions of his service including rights or in respect of any action taken in relation to him as a person in the service of the Republic. This law came into force on 1.2.82 and Administrative Tribunal was set up. Thus in view of Bangladesh Rai..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......hin 60 days from the date of arrival of the records by the trial Court. 11. Mr. Mir Mokhlesur Rahman, learned Advocate appearing for the petitioner, submits that the Court of appeal below erred in law in decreeing specific performance of an agreement, exhibit No.3 to which the plaintiff is not a ..Category: Property Law | Date: | Hits: 91
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... stay of further proceeding of the execution case No.10 of 1986 pending before the Senior Assistant Judge, 1st Court at Bogra. In the circumstances, the learned Subordinate committed serious error of law in not vacating such an order of stay when it was so prayed for by the petitioners in their appl..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......arned Advocate appearing for the defendant-petitioner, has taken me through the revisional application, annexures and the impugned order and submitted that the learned SCC Court committed an error of law in rejecting the Miscellaneous Case No. 493 of 1990 holding that section 17 of the SCC Act is no..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....e 29, no Bid shall be modified and Clause 29.1 provides that explanation may be called for by the authority. Under the provision of Clause 29.1 the bidder cannot give a suo motu information or letter amending, rectifying, or modifying the tender document. Further Clause 33.1 provides that subject to......43. In view of the discussion made above the Rule is made absolute. The Memo No. CPA/PMU (EQPT)/p-120 (Part-1/372 dated 1-1-2001 (Annexure-D to the petition) is declared to have been made without any lawful authority and the result of the price bid opened on 11-9-2000 be declared accepting the decis..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......We strongly disapprove the action of the learned Subordinate Judge to be too complacent in granting adjournment to a party who does not deserve it. It must be noted in this connection that a court of law while administering justice must conform to the rules of law and procedures and it cannot violat..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......er of the Parliament as well as the Election Commission, to show cause why the impugned Notification dated 30-8-2000 issued by the respondent No.1 should not be declared to have been made without any lawful authority and of no legal effect. 6. Only respondent No.1 has entered appearance and conte..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......bmits that under sections 96(3) of the Act, an applicant is required to deposit the actual value of the land transferred together with the compensation and the learned Senior Assistant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ter and wife in the West-bhiti hut and her husband deceased Azitullah with her eldest son Chand Ali on the cot and Zayeeb, another son of her co-wife, cowboy of the house M Akbar, Yeasin and a son-in-law, Jamsed Ali on a mat on the floor of the four-roofed open outhouse in the east-bhiti. 4. At a..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ...... the said order, the decree-holder petitioner obtained this Rule. 5. Mr. KS Salahuddin Ahmed, learned Advocate for the petitioner, submits that the learned Subordinate Judge has committed error of law in entertaining the application filed by the third party opposite party who is a transferee from..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compensation or annuity of the hat has been assessed or paid by the Government, to the ..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......A, and Reference dated 28-3-2000 by the Speaker to the Election Commission by Memo No.8(1)12000- Law-2 (Miscellaneous) dated 28-3-2000, Annexure B, shall not be declared to have been made without any lawful authority and of no legal effect and why the respondents shall not be directed to revoke, can..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declared to be without lawful authority and of no legal effect.
2. Respondent No.1 contested the Rule and has filed Affi..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......s, etc should be examined through the Handwriting Expert. The learned Appellate Court also observed that the trial Court ought not to have based his findings in this inaccurate manner in violation of law when it was the specific case of the defendant No.1 that the signatures appearing in the bainapa..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......ion if it appears to him the case is exclusively triable by the Court of, Session. The Magistrate has no option but to decide whether charge-sheet was properly submitted or whether there is defect of law in the investigation Clause (c) of section 205C provides that a Magistrate shall send the record..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......nder section 19(f) of the Arms Act. 3. Next, he has argued that there was no search under provisions of sections 25 and 30 of the Arms Act and, as such, alleged recovery was not in accordance with law and the convicted petitioner is liable to be acquitted. Lastly, he has argued that there is no e..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......Government, thereafter, enhanced rent of suit premises from Taka 314 to 1645 per month from 4-9-1983. Plaintiff also paid enhanced rent. Government on 4-9-1983 decided to sell the abandoned houses to lawful allottees. The decision was published through national newspapers and Government constituted ..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......other, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale tra..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......actory premises of the plaintiff. The plaintiff is entitled to the legal right to use gas in its factory premises in terms of the contract, and the actions of the defendant No. 2 are not warranted by law. In the aforesaid circumstances, an application was made for temporary injunction in mandatory f..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oard of Trustees of a port or other authority legally entitled or entrusted by the Government with the control or management of a Municipal or a local fund. 18. The said definition was extended by amending it in 1972 with retrospective effect from 16-12-71. The following words namely, ‘or any c...... Sattar Advocate—For the Respondent. Reference Application Nos. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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