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Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......that the Additional Deputy Commissioner, Chittagong heard the petitioner in pursuance of his objection under section 4 of the Ordinance and forwarded the papers to the Deputy Commissioner. Chittagong holding that the objection of the petitioner was reasonable. Thereafter the Deputy Commissioner did ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......eferred Civil Revision No. 3934 of 1994 challenging the legality of the order dated 27-11-94. The learned Judges of the High Court Division by the impugned judgment and order made the Rule absolute holding, inter alia, that the Courts in Bangladesh have no jurisdiction over the arbitration in vie..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)

....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......he occurrence and they caught red-handed the accused-petitioner. A Salish was held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out..

Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......said Abdul Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since purchase while owning and possessing land he was evicted by the miscreants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......with it. Learned Advocates of both the parties stated that the said design is "bride's arrival", one of the twenty designs under dispute. So we find that the Board acted illegally in so holding merely on surmise and conjecture and, as such, decision of the Board in respect of the desig..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... State Acquisition and Tenancy Act provides that "on the acquisition of interest of rent receivers in any area under Chapter V, no rent receiver, cultivating raiyat, cultivating under raiyat or non‑agricultural tenant shall be entitled to retain possession of any of his Khas lands in such area exc......d Advocate appearing for the petitioner after placing the impugned order and other materials on record submitted that respondent No.2 acted No.2 in Misc. Case No.1 of 1989 (Annexure‑G) illegally in holding that the fishery of the petitioner vested in the Government though compensation assessment r..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ...... of the Dhaka Municipal Corporation with his office as those were contiguous to his office and excess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant tim..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ...... it is not necessary that parties should file objection to the alleged award, within the time prescribed un­der Article 158 of the Limitation Act and the learned Subordinate Judge erred in law in holding that the objection filed by the oppo­site party appellant long after 20 days is hope­..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......aside the order of the learned Subordinate Judge and directed that the suit be tried in accordance with law. 5. Leave was granted to consider whether the High Court Division erred in not holding that the suit was barred under Order 23 rule 1(3) of the Code of Civil Procedure in that th..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......nd the defendant’s kabala being of a later date is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission o..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......on 295A of the Penal Code, but it was a case under section 153A of the Penal Code. Against the judgment, an appeal was preferred before the Federal Court which reversed the judgment of the High Court holding that the High Court was not empowered under section 99D of the Code Criminal Procedure to al..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......cannot file a counter claim in Artha Rin Adalat. The said application dated 19.10.91 was heard by the trial Court on 12.11.91 and the said application of the plaintiff was rejected by the trial Court holding that the counter claim was made under the relevant provisions of the Code of Civil Procedure..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......saction would be void and the transfer may not take effect. But a distinction must be drawn between cases of contractual liability which a minor agrees to undertake, and obligations attached to the holding of property. Even in cases of pure gifts it is clear that there is an obligation on the par..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ......led to exercise their jurisdiction in not forwarding the recommendation of the review forum to the President for approval and also acted in excess of their jurisdiction in taking decisions themselves holding that there is no reason for implementing the recommendation of the review forum. The learned..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ......terference by the Review Committee. The learned Advocate submitted that the processes were issued for reviewing the order of retirement of the petitioner passed under MLO 9 of 1982 and intimation for holding review was given to the petitioner asking him to send back the prescribed form within the da..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ......der Article 102(1) as well as Article 102(2)(a)(ii) of the Constitution. 11. In the result the Rule is made absolute and the inclusion of the petitioner's House No.4 of Block No. SW(F) being holding No.3 Road No.6 of the Gulshan Model Town under PS Gulshan, Dhaka under serial 38 in the Gaze..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

....a Development Scheme and as such 2161 acres were requisitioned in LA Case No. 138/61‑62 and the delivery of possession was taken by DIT on payment of 100% and 75% and 50% compensation for homestead agricultural land and the structures and trees standing thereon. The owners having accepted the same......rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ...... documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of their respective case. 5. Court below decreed the suit on consideration of evidence on record holding that the defendant No.1 executed the agreement Ext.1 for herself and on behalf of her minor ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ......us character of the person charged, make an order or recommend to the authority empowered to pass an order. Mr. Khan having drawn our attention to the requirement of recording evidence by the officer holding enquiry submitted that taking or recording of evidence without administering oath by the enq..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6