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Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....he High Court Division refused the relief sought for in the form of mandatory injunction. The High Court Division also has observed that in view of the provision of Article 144 of the Constitution public property owned by the Republic or by any instrumentality of the Republic may be generally di......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003.......and if we subscribe to the view of Edmond Burke that "among a people generally corrupt liberty cannot long exist," we do not find any ray of hope of salvation and ultimately we have to make peace with the evil forces of all pervading corruption eating into the vitals of our national life. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....an duty of the Court to see if the order complained of is a valid and legal order. If an order passed by a Court including this Court lack inherent or total jurisdiction why an innocent member of the public should be burdened with the job of challenging the same before the higher Court for no fault ......Court's order dated 14.8.2001 but inspite of such knowledge the contemners on 30.8.2001 directed a Magistrate to demolish the structures on the land of the petitioner and also evict her from peaceful possession of the land and the said direction was contrary to this court's order restra..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... Writ petitions were filed challenging validity of some parts of the individual contracts of employment on the ground of being violative of Articles 27 and 29(1) of the Constitution of the People's Republic of Bangladesh and sections 3 and 4 of the Public Servants Retirement Act, 1974 and/or the Ban......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....‑Shishu Nirjatan Aparad Daman Bishesh Adalat, Habigonj on 17‑9-2001 for hearing. The learned Adalat rejected the Naraji petition as the petitioner was found absent on call and after hearing the public prosecutor accepted the final report, discharged the accused persons and upon submission of t......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....groups, the Sponsors/Directors are in Group 'A' holding 50% of the shares, the Government of Bangladesh and Public Sector Financial Institutions are in Group 'B' holding 5% share while the general public are in Group 'C' holding the rest 45% shares in UCBL. The petitioner is a shareholder and di......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
.... 21. The learned Counsel by referring to the case of Bangladesh vs. Shafiuddin Ahmed reported in 50 DLR (AD) 27 relevant paras 36, 41 and 42, has argued that it is not unknown in our country for a public body to provide administrative instruction for the administration of the same and the said ad......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....efuse registration of transfer of its shares is not absolute or uncontrolled and must be exercised bona fide and not arbitrarily. But this sub-section is not relevant in the instant case as it is a public company whose shares are traded in the Stock Exchange Commission. Persons buying shares on ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....nsation for performing higher responsibility as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑organisation and Conditions) Act, 1975 all public servants which include persons in the service of the Republic and in "Public Body" ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....st likely case and the worst case scenario derived from several assumptions like number of ship days available, the freight cargo receivable per ton, idle time, the maintenance of the vessel, BIWTA publication and statistics, other coastal vessel operation report, cost of fuel consumption, rates......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....ment January 27, 2003. The Pourashava Ordinance, 1977 (XXV1 of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....vant and the same reads as: “Section 4(1): An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service in......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
.... aforesaid. He submits that the Special Tribunal acted illegally in convicting and sentencing the appellants, inasmuch as the conviction has been based on the testimony of the police personnel and no public witnesses did support the prosecution case. It has been further contended that the seized 2 a......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....orders were passed mechanically without applying judicial mind and not in accordance with the terms of section 265C of the Code of Criminal Procedure and that it is not difficult to hold that the public prosecutor did not open his case strictly in terms of section 265B of the said Code. He n......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....nder section 3 of the Ordinance the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 fami......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....ts order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or tribunal can re......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... The Constitution of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional cas......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....pancy in the signatures in our view does not affect the genuineness of the signatures of the vendor respondent No. 2 on the documents. 17. It is stated by the defendant No. 3, Ministry of public works and Urban Development, that by mistake the suit property was not included in the list ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110