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Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....in Australia, P.47, Seervai's Constitutional Law of India para. 3.10 and the case reported in AIR 1951 (SC) 318. In Cooley's Constitutional Limitations this doctrine has been explained saying that "a legislative act may be entirely valid as to some classes and clearly void as to others". By way of e......s that "besides the appointÂment mentioned in Regulations 39 and 40 of the PSC the Government have decided that all appointments under the Government of Bangladesh shall be made on ad hoc basis till decision of the Government on the report of the Administrative and Services Reorganisation Committee..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......t the respondent's instance because such an order made in the absence of the respondent and without notice to him purports to deprive him of a valuable right, for, it put in peril the finality of the decision in his favour and if he is precluded from questioning its propriety it would amount to a de..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... time of granting leave. Nevertheless, it requires to be said that the High Court Division misdirected itself in deciding the matter by travelling beyond the relevant law as would be applicable for a decision as to the custody of a minor pending criminal proceedings for offences committed in respect..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......er of termination. 4. The employee, though he got relief in his appeal before the Appellate Tribunal, obtained leave from us and filed Civil Appeal No. 79 of 1992 challenging two other decisions of the Appellate Tribunal which went against him. One is that the Administrative Appella..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......evident that just after a few months from the date of handing over possession of the vacant land in question to it, the respondent No.1 by letter dated 28-6-1987 informed the respondent No. 5 that decision has been taken to construct a multi-storied shopping complex at this very vacant land rese..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... the genuineness of the bainapatra. 5. As against the judgment and decree of the trial Court the plaintiff took appeal to the Court of District Judge. The appellate Court in arriving at the decision as to genuineness of the agreement said to have been entered into between Abdur Rashid Sh..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......of the defendants. 5. The trial Court dismissed the suit. On appeal, it was reversed decreeing the suit. In Civil Revision, the High Court Division discharged the Rule affirming the decision of the lower appellate Court. 6. Dr. Rafiqur Rahman, the learned Counsel, appearin..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......unsel for the respondents-writ petitioners, submits that the impugned judgment and order is in accordance with law and that the High Court Division has not committed any error in law. He cites the decision in the case of Syed Al Nesar Ahmed MD, United Food Complex Ltd vs. Nafisa Choudhury and ot..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......siness of the Company including the management and the publication of the daily Ittefaq so that the Company can function smoothly without referring almost every matter to the Board of Directors for decision. 6. From the inception of the publication of the said daily, writ-petitioner Mr. ..Category: Civil Law | Date: | Hits: 103
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......onveyance the land sought to be preempted is possessed by the vendor. The High Court Division noticed that the appellate Court without considering the evidence on record only upon referring to the decision in certain reported cases set aside the judgment and order of the trial Court on the findi..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ...... the seller opposite party Nos. 3-10 "the cause of action for preemption has been extinguished". It appears the High Court Division has made the aforesaid observation in the light of the decision in the case of Md Abbas Ali vs. Md. Osman Ali (minor) and others reported in 37 DLR 324. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......er alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......e the claim by the learned District Judge against the respondents is absolutely illegal. 9. He thereafter, submits that the High Court Division considering the facts and law took a correct decision in setting aside the order dated 26-6-2000 passed by the learned District Judge and direct..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......nstruction of apartments to accommodate the participants during NAM Summit. The respondent No. 6 auction purchaser has also filed affidavit-in-opposition stating, inter alia, that the Government took decision to sell the premises and authorized RAJUK for the purpose. The RAJUK invited tenders throug..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ellaneous case. 6. Being aggrieved by the aforesaid judgment and order, the pre-emptor moved the High Court Division and obtained the Rule. 7. The High Court Division relying upon a decision reported in 31 DLR (AD) 88 held that the pre-emptees did not disclose the names of those ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......t submits that in the facts and circumstances of the case ends of justice would best be served if the contemner is censured instead of maintaining the conviction against him, and has relied upon a decision in the case of Abdul Huq DC vs. District Judgeship reported in 51 DLR (AD) 15 and submitte..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and another filed Writ Petition No. 9157 of 2005 calling in question the decision of the writ respondents to prepare a fresh electoral roll taken by the Chief Electio..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......h Court Division, in their turn, rightly decided the case affirming the judgment and decree passed by the trial Court. Elaborating the argument the learned Counsel for the respondent relied on the decision in the case of Nur Muhammad vs. Moulvi Mainuddin Ahmed in 39 DLR (AD) 1 which has also bee..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......as granted to consider the contention that the High Court Division did not decide the case within the scope of the grounds taken or mooted in the memorandum of appeal and that the decision of the High Court Division being virtually on one ground only not taken in the memorandum ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......tion 54 of the Transfer of Property Act.....that a dowerdebt is a debt like every other debt, and therefore, a transfer in lieu of it must be a sale as defined in that section". The aforesaid decision was made in a case wherein pre-emption was sought but opposed contending that the prayer f..Category: Property Law | Date: | Hits: 55
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