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Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....purporting to act under section 10 of the Ports Act, 1908 which runs as follows: (1) The Conservator may remove, or cause to be removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. Â ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. Â ..Category: Others | Date: | Hits: 162
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....d settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ahmed by a registered kabala dated 22-01-44 and Mokbul Ahmed con......ht, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming title over the suit land and on receipt of this notice; the plaintiffs’ tenants stopped payment of rent to them. Hence the suit for declaration of title as also for a declaration that the ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....scretion and that also after compensating the defendant by payment of compensation of Taka 500.00 and (iii) that abatement in respect of plaintiff Nos. 9 and 19 could, if at all, have the effect of partial abatement of the suit. The learned Counsel for the respondent, on the other hand, contends ......nd that since their heirs were not Substituted within time the suit had abated long before. The learned Subordinate Judge allowed the prayer for setting aside abatement on 7 April 1992, subject to payment of a cost of Taka 500.00 to the defendant. 6. The contesting defendant preferred Ci......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... writ petitions calling in question the action of the Land Acquisition Officer and a Magistrate First Class (respondents No. 6 and 7 in the writ petitions) in forcibly entering their premises being part of CS plot Nos. 199,200,201 and 202 of Mouza Sukrabad and comprising Dhaka Municipal Corporati...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....allowed itself to an erroneous decision. Thirdly, the question raised in this matter is of considerable public importance and should, therefore, be examined by this Division. 8. Since the appeals partly centre round the interpretation of Article 34 (1) and Article 34(5) of President’s Order No......€™s Order No. 128 of 1972 it will be profitable to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha......ivision. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent ac..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ional Bank, that the complainant deposited the cheque on 23-12-95 in his account at Uttara Bank but the same was dishonoured on the same date, that on 24-12-95 the complainant sent a legal notice for payment of the said amount, that on receipt of the said notice the appellant in order to avoid payme...... Respondent No. 1 as complainant filed a petition of complaint on 18 April, 1996 alleging, inter alia, that the accused appellant, a Contractor of the Water Development Board at Rangpur, used to take loan from the complainant, that in connection with one of his works, the appellant requested the com..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......licity in the matter and he has been wrongly implicated. 10. It has been proved that the accused- petitioner obtained from Nurun Nahar Begum Taka 3,093.00 towards satisfaction of the agricultural loan taken by her husband. The accused-petitioner did not deposit the said money. In the view of the..Category: Anti-Corruption Laws | Date: | Hits: 73
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....il Procedure will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure&he...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....administrative circular as the same provided for interview allocating 25 marks out of 100 marks for interview and making 18 marks as pass mark. This system paved the way for arbitrary action on the part of the promotion committee and it was thus violative of the fundamental rights guaranteed und......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......nch of the High Court Division while issuing Rule Nisi in Writ Petition No. 576 of 1999 filed by the respondent directing the petitioners to allow the writ-petitioner to clear the imported goods on payment of duty at the rate of 7.5% upon furnishing a bank guarantee for 40% and personal guarantee......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....olation of Article 116 of the Constitution. As it was a case of continuing violation, the High Court Division found that it was in seisin of the matter to prevent recurrence of such practice on the part of the executive authority. The High Court Division also found no merit in the plea that the P...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... Vs. Rafiqul Ahmed & ors…………………….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... plaintiffs. 4. The trial Court decreed the instant suit for eviction by its judgment and decree passed on July 27, 1981 on the finding that relationship of landlord and tenant exists between the parties on the basis of a firisti showing filing of a case under section 107 Cr.P.C against the plai...... The case of the respondents is that the defendant appellants were tenants under them at a monthly rent of Taka 25.00 payable on the first day of the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Prope......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....w of judicial review, if the other provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....prior permission of the authority. He challenged his order of dismissal from service before the Administrative Tribunal, Bogra in Administrative Tribunal Case No. 3 of 1992. The case was allowed in part on 16-6-93 reinstating the petitioner in his service without granting any financial benefits.......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......Intiaj Ali and his joining report was forwarded to the Bank for recording. When the last mentioned cheque was presented for encashment on 25-5-81 there appeared shortage of fund, but the Bank made payment of the said cheque by getting a sum of Taka 3,000.00 deposited in the said account on the s......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-81. The respondent did not take part in that strike, rather he performed official duties. He was sent to Gaibandha for bringing a hi......bandha. He filed Title Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-8......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....not entitled to any further notice. 6. It is contended on behalf of the petitioners that the service of the notices under section 5(1a) and 5(3) of the Act cannot be presumed under the law particularly when the same is an integral part of the due process before one can be deprived of one...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... 4th class employees would not be transferred from one place to another. Having noticed that the policy was being violated the Establishment Division by a Notification dated 10-9-86 specified the departments and posts which would be henceforth entitled to transfer the specified employees from one......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
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