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Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....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...... in the trial Court for rejecting the prayer of counter claim on the ground that Artha Rin Adalat Ain, 1990 empowers only Bank and some other specified Financial Institutions to institute suit for recovery of loan and since the defendants do not answer the said description they cannot file a counter..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....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......ity 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 part of the donee to pay the government revenue and public taxes. In the case of a gift of a man's whole property, there is the o..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
....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...... was issued by this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....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......ct from 1.10.1982. Thereafter on 10.1.1985 the petitioner received a letter from the office of the Chairman, Review Committee for Ansar and VDP intimating him that Review Committee was set up by the Government to review the cases of Ansars and VDP personnel who were retired/discharged/ removed/dismi..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....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......ip;………………Respondents
Judgment
January 12, 1994.
Result:
The Rule is made absolute.
Cases Referred To-
Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Is..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... 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 ...... plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesaid suit against the defendant appellants impleading also the government respondent in the said suit for specific performance of a contract for sale on the allegat..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....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......Division
(Special Original Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretari..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....gment in the Miscellaneous case for pre‑emption, it appears that the petitioner is the owner of the acquired land on the basis of his purchase from the admitted owners and a co‑sharer in the case holding sought to be acquired and has a right to protect his interest against any illegal acquisitio......e declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the application is, that he has got his homestead spreading over in the part of two CS Plot Nos. 3730 and 3731 appertaining to JL No. 63 of Mouza Lakshmipur, Ba..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....oner was victimized as he was a member of the opposite camp of the Bangladesh Biman Workers Union. 3. Thereafter one Md. Jahangir Alam was appointed as Administrative Officer (Investigation) for holding enquiry and the petitioner was found guilty of the charges brought against him. Consequently......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
.... been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting as the rightful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad ......l Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondent..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
.... this Appeal by the Defendants. 6. Mr. Asrarul Hossain. the learned Advocate appearing on behalf of the Defendant-Appellants, has contended that the learned Subordinate Judge erred in Law in not holding that the suit was barred by limitation and. as such, the decree was liable to be set aside. ......efect of parties, we like to confine ourselves to the question of limitation in disposing of the appeal. 8. Mr. Asrarul Hossain. learned Advocate for the Appellants, submitted that the suit was governed by Article 57 of the Limitation Act inasmuch as the suit was for recovery of money..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....er, allowed the prayer and sent down the case records to the learned Magistrate for further investigation of this case. The said Mr. MK Bhattacharj the Police Inspector CID Naogaon camp after himself holding the further investigation submitted supplementary charge sheet on 26.7.89 implicating the VD......about 9 0' clock in the morning the informant heard that a dead body was floating in the Padda Pukur within village Beniaduar. He then rushed to that village and with the help of the villagers recovered the dead body and found the same to be of his brother victim Abut Kalam. It was further alleg..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....85 (Ordinance No. LIV of 1985) against the respondent No. 2 Bangladesh, represented by Secretary, Ministry of Public Works and Urban Development, challenging the inclusion of a house property bearing holding No. R/29 within Block‑'D' of the Mohammadpur Housing Estate, Dhaka, in the 'Kh......can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affected by the provisions of the said Order an..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....cle 102 of the Constitution for enforcement of the Civil rights, it is a civil proceeding. 12. Having come to the conclusion that a writ proceeding is a civil proceeding we find no difficulty in holding that the principles contained in the Code of Civil Procedure can suitably be applied to the ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....a member. The post of Minister or Vice President held by the petitioner had nothing to do with his profession as a member of the Bar Association. The Association cannot impose any restriction towards holding of such post. The Bar Council did not at all consider that the resolution directing the peti......as to argue a case on 5.8.91 but he could not appear due to his pre-occupation in the Parliament. It was reported to him that the learned Attorney-General mentioned before the Division Bench presided over by Mr. Justice Anwarul Huq Chowdhury that the petitioner has been removed as a Member of the Ba..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....a government employee was receiving immediately before his retirement nor its effect on the rate of pension of the retirees after upward revision of the scale of pay of the post which the retiree was holding before his retirement, is violative of the equality clause as enshrined in Article 27 of the......426
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Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... 3. The Assessee company took appeal against the order of assessment to the Appellate Joint Commissioner of Taxes. The Appellate Joint Commissioner of Taxes deleted the addition from the total income holding that "the windfall gain from price differential surplus was transferred in the hands of......come of assessee or not, the true test is whether the amount reached the hand of the assessee. In the case before us the surplus was no doubt to be paid to the Corporation under the direction of the Government and there seems to arise an obligation. But each obligation is not the decisive factor. Wh..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....the occurrence of the said dacoity, the learned Assistant Sessions Judge on consideration of their evidence and having relied upon the same has passed the impugned judgment of conviction and sentence holding, inter alia, that the alleged dacoity has been committed at the time, place and in the manne......ng with others and saw that the dacoits had already left the bus with looted articles after committing dacoity. The informant came to know from one of the passengers Abdur Rashid, that he was sitting over the roof of the but with a bundle of piece-clothes along with passengers namely Fazlur Rahman. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....tion for non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in......lowed a house being house No. 7, Lane No.4, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petiti..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... in preventive detention and can be simultaneously prosecuted before a Tribunal as provided under the Special Powers Act for any offence which is alleged to have been committed under the same Act and holding further that under the provision of the Special Powers Act a person may be prosecuted for a ...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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