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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.
......
7. It may be noted here that none appeared for the respondent to oppose the present application. In the result we find that the impugned order was illegal and without jurisdiction.
The rule is accordingly made absolute without any order as to costs. The impugned order of the respondent No. ......eclaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Railway promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules.
3. The case of the respondent No 2, who was petitioner in the said I.R.O. Case, was......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)
....sed in Title Suit No. 626 of 1975. This submission also fails. 18. The Court of appeal below therefore, did not commit any error of law resulting in an error in its decision occasioning failure of justice in decreeing the specific performance of the agreement in its entirety by the impugned judgm...... 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. ......ly owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire ......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
....s submits that the Subordinate Judge acted beyond his jurisdiction in staying further proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and ano...... the Court of Senior Assistant Judge 1st Court at Bogra till disposal of the suit is set aside. The execution Court 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 (H......alternately withdrawn, Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in ...... 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. ......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. ...... Faruque Ahmed J Abdul Waresh …………Petitioner Vs. Md. Abdul Halim and others …………Opposite Parties. Judgment May 20, 2001. Case Referred To- Roy Charan Das Vs. Santosh Kumar Das and others, 22 DLR 790. Lawyers Involved: Faridul Alam Chowdhury, Advocate—th......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
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....he 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 violate these at will in the n......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. ......diction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: Not represented— the Petitioner. Not represented — t......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)
....petitioner like any other convict has got a right appeal but he will be seriously prejudiced, if he is declared disqualified on his conviction by the trial Court alone, causing serious hardship and injustice on him as a Member of Parliament, which cannot be the intent and report of law. From that vi......r after the conviction and sentence had reached finality by the verdict of the final Court in the country after the same was tested through the hierarchy of Courts established by law. In other words, according to the learned Counsel, the conviction and sentence for a term exceeding 2 years given by ......arty in the Parliament. 3. While the petitioner was continuing Member of Parliament he was convict criminal case, popularly known as Janata Tower, on 7-6-1993. But he was not declared disqualified to continue as a Member of Parliament. The petitioner, thereafter, again contested the Parliamentary......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)
....istant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. ......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........ 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by filing a written objection denying the case of the pre-emptors. 3. Then on 25-4-2000 the petitioner made an application for an order for hearing on the val......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. ...... applications alleging that the was extorted from each of them by the police torture. It was noticed by the trial Court that sheeted witnesses No.8, 13 and 16 we examined without any explanation but, according to it, such non-examination has not affected the prosecution case. P.W. 15, a constable of......rising out of Chaatmohar PS Case No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were pu......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)
....making any inquiry as required by law and illegally directed the petitioner to hand over possession of the schedule ‘kha’ property and thereby he has committed error of law occasioning failure of justice. 6. Mr. M Enayetur Rahim, learned Advocate for the third party opposite party, submits th......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. ......ner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rul...... 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)
....nd the Court of appeal below without properly considering that aspect of the matter illegally vacated the order of injunction and thereby has committed an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits th......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.......st Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Si......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. ......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. ...... Writ Petition No. 1642 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi under Article 102 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 ......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.......using and Building Research Institute and that the possession of the acquired land was delivered to the authority in due course and that the use of the acquired land was being done phase by phase and accordingly, some unutilised land were left out for some time on which the petitioner and others ill......(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)
..... 9. Mr. KS Nabi, the learned Advocate submits that the impugned judgment and decree of remand for fresh trial of the suit by the appellate Court is an error in the decision occasioning failure of justice since the appellate Court has by the order acted contrary to law as it can decree the suit u......hile the defendant No.1 was owning and possessing the said Suit property he proposed to sell the same to the plaintiff who agreed to purchase the suit property at a consideration of Taka 1,10,000 and accordingly, he paid Taka 70,000 to the defendant No.1 on 7-6-1986 and next Taka 25,000 on 9-1-1989 ......te—For the Opposite Parties. Civil Revision No. 4197 of 1998. Judgment NK Chakravartty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for......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. ......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. ......ioner Vs. State ……………….Opposite Party. Judgment November 2, 2000. Lawyers Involved: Anisul Haque, Advocate — For the Petitioner Fazlul Haque Choudhury, Assistant Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment ......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. ......etitioner. We have no hesitation to hold that such a kiris and the knives cannot be considered as instruments of domestic use and such knives and kiris are not manufactured for domestic purposes. So, according to us, the tribunal committed no illegality in considering those two knives and kiris as a......; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgme......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)
.... a discretionary relief and the said discretion is to be exercised on sound judicial principles. 19. Promissory Estoppel is a principle evolved by Courts on the principles of equity and to avoid injustice. Where one party by his words and conduct make the other party a clear promise that promise ......in Black’s Law Dictionary is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has acted accordingly. Section 115 of the Evidence Act is also more or less couched in a language which convey......rtson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidul Huq, Tania Siddiqua and C......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
....operty in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was issued on 18-1-1998 (Annexure-P) to the respondent No.2 but without any response. Being ......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.......…..Petitioners
Vs.
Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents.
Judgment
April 29, 2001.
Cases Referred To-
Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56.
Lawyers Involved:
AFM......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)
....re is any legal background in favour of such demand regulating the mode of payments. 6. We do not intend to express opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not required......rdinate Judge rejected the prayer for temporary injunction, mainly, on the ground that “the gas line of the plaintiff was disconnected on 28-12-83 i.e. 25 days before, the filing of the suit” and according to the learned Subordinate Judge mandatory injunction coul4 not be granted to establish a ...... Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in d......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)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... 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
....alities of law should be discouraged by the legal profession. Court is not a place for ventilating grievance as raising points on technicalities of law at the instance of rich clients but for seeking justice in favour of really aggrieved persons in the greater interest of the society and the people....... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... Reported in: 51 DLR (1999) 208.
...... International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or ..
Category: Property Law | Date: | Hits: 102
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