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Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ......e Election Rules the polling station of ward No.9 cannot be set up at Joypur Registered Non-­Government Primary School. Moreso, the school house has no fencing. But the plaintiff for his personal interest and gain managed to fix fencing by his own money with a malafide intention to show to the C..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (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. ......e learned Counsel, appearing for the appellants, has argued that the requirement of regulation 12 for promotion of the office employees of BADC is not only merit‑cum-­seniority but also the interest of the corporation. Since “merit” is not defined or the criteria of the merit a..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....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. ......sp; 7. Initially, the Company took no action to comply with the appellant's request to register the transfer and, in fact, deliberately kept the matter in abeyance at the instance of certain interested quarters. The question of registration of the appellant's said shares was ultimately di..

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. ......ment March 24, 2003. The Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10   20 % interest on the tax paid to the government from the date of unauthorized occupation till the date ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......the Librarian or showing her present position as a Librarian; could not be able to claim the position of the Librarian when she would not be working as such and the authority would at any time in the interest of the Sangstha change the proposed title and style her as such, etc.   ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....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. ......since 1990. The minorities Ahmed family were unable to do anything but complain to the relevant authority about the situation. The respondents could not come to the court for the protection of the interest of the minority shareholders, as there was no such provision of the old Act. When the law ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ...... as such, Mr. Lutfor Rahman Sarder had no locus standi to file this case for succession certificate. Since the ornaments were mortgaged with 'H Dey Jewellers' the appellant had no right, title and interest in the mortgaged property and, as such, no succession certificate could be issued in favou..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the same was in the interest of Bangladesh Agricultural Research Institute and national interest. The reply so submitted..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

.... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ......r the administration of partnership assets in a partnership suit or any other suit of the same kind. All such suits are in substance suits to ascertain and declare the rights of some person having an interest in specified property and asking the Court, in its administrative jurisdiction to ascertain..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ......ed that the authority is to apply its mind to the material to form an opinion whether the chairman's functioning is desirable from the administrative point of view of whether it is prejudicial to the interest of the Union Parishad and upon forming such opinion it is to be expressed and the order of ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......laintiff and defendants in the same mess leads us to presume that on the face of the rivalry and family ‑feud the joint family was not dissolved and the plaintiff has recurring community of interest in the property in suit and is entitled to relief as prayed for." ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......in spite of several reminders. On 30‑6‑1999 defendant National Bank Ltd. remitted to the plaintiff half of the principal amount. The rest was deducted from the principal amount and the interest without giving any reason. The plaintiff respondent Union Bank Ltd immediately protested b..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......   November 17, 2002.   The Arbitration Act, 1940 (X of 1940), Section 29   The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement.   ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....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. ......ction 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 families an..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......the Board as per instruction of the Education Ministry, and it was further held, that the writ‑petitioner did not identify the illegal examinees of schools and thus he worked detrimental to the interest of the Board. An application was submitted by the Writ petitioner, before the respondent No..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....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. ...... 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 case which ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......2. On 13-5-2001 the plaintiff instituted the Money Suit against the defendants, a statutory corporation and others for a decree of US$ 436,578.58 equivalent to Taka 24,011,821.90 as compensation with interest at Taka 3,814,265.39 for the period from 14-5-2000 to 30-4-2001 and also for further decree..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......ward dated August 22, 1994. The Court of Subordinate Judge decreed the title suit for the awarded amount of Tk. 2,01,52, 289.84. The learned Subordinate Judge while making the award did not allow interest on the awarded amount either from the date of making of the award or from the date of maki..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......ereunder or not to do so, having regard to the circumstances of each case. There is also no specific form for a petition under this section. But, as a general rule, however, any person having special interest, right, or authority in or from the person wrongfully detained may seek relief on his behal..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......spondents Judgment July 27, 2002.  The Evidence Act, 1872 (I of 1872), Section 79  (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a decisio..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175