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Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......re liable to be set aside. It has been further contended by the learned Advocate for the petitioner that the court of appeal below has committed error of law apparent on the face of the record in not holding that the Kabala dated 31.3.69 did not create any absolute interest in favour of the vendees ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84.
5. While in peaceful possession of the said land in plot No. 6434 bearing holding No. 91 B of Sylhet Municipality, through his predecessor in interest Duraram Upadhyaya after..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
...... affairs of the management of the co‑operative society and for matters of election the Ordinance and Rules made thereunder provide for an Election Committee which is vested with exclusive powers in holding and conducting the election and the decision of the Election Committee is final. The learned..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......sdiction of the Administrative Tribunal.
12. Khondker Mahbubuddin Ahmed submitted that the impugned Rules are violative of Article 27 of the Constitution being discriminatory between the persons holding similar post and by the impugned Rules the respondent Nos. 4‑11 have been given seniority ..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......d to the Government by application dated 18.5.91 praying for settlement of the Khaliajuri Group Fishery to them and that the settlement was given to the petitioner by the Government illegally without holding any auction as per rules on 8.5.9 1. The prayer was allowed after lengthy hearing by order d..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......r it to be of temporary nature or necessarily give rise to inference that work is likely to be finished within limited period. Thus, mere appointment on a temporary basis is not the sole criteria for holding the work as temporary one. In the instant case the respondent Howladar has been serving for ..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......le portion of the land, the evidence are discrepant and contradictory and witnesses are all interested being related. The learned Court of appeal below reversed the finding of the learned trial Court holding that the defendant No.1 entered into the contract for the sale of the suit land of the plain..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......on of Holding No.2/10, Block‑F, Joint Quarter, Mohammadpur, (Kha‑20) from the 'Kha' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and ..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......quished office there was no scope for issuance of a writ in the nature of quo warranto. It was observed in that case that after relinquishment the question of showing cause under what authority he is holding the post did not arise. It may be mentioned that in the case in the nature of quo warranto t..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......r appellate Court in reversing the finding of possession of the trial Court did not at all advert to the reasoning of the trial Court. Secondly, the lower appellate Court committed an error of law in holding that the suit is barred by section 42 of the Specific Relief Act. Thirdly, it committed an e..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......s of 3 promoter directors (1000 shares each) were fraudulently transferred. There was total mismanagement in the matter of profit and loss account, issuance dividend, preparation of balance sheet and holding of annual general meeting and Board meeting of the company…………&h..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... the order of reversion amounted to reduction in rank and it was void and &gal. The High Court Division upheld the order of the appellate court. 8. In 31 DLR 21 it was held that an incumbent holding a post for considerable long time is entitled to protection under Article 135 of the Constit..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ed and well-delineated in the plaint, but was exclusively possessed by defendant No. 10 who delivered possession thereof to the plaintiff. He submits that the High Court Division acted erroneously in holding that a partition suit was necessary. 10. Unfortunately, these submissions do 6ot carry..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ance. Both the cases were heard analogously and by one impugned Judgment the cases were dismissed. 6. Mr. TH Khan first, submits that the Court of Settlement acted in excess of its jurisdiction in holding that as Nasiruddin and Mr. KA Dewan were served with notices to produce the title documents ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings an..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel for the appellant, has submitted that the learned Judges of the Appellate Court were wrong in holding that a "bonafide dispute over the claims of the petitioner Bank very much exists in the..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....her Latifur Rahman J, are that Qazi Mehr Din, the predecessor-in-interest of the respondents entered into a contract with Sh. Mehr Din., the predecessor-in-interest of the appellants, for selling his agricultural land measuring 893 bighas on 15th March 1926 and possession of the land was delivered t...... as the case may be, has not been impleaded in the appeal at all and is not before the appellate Court." 14. Thus, the learned Judges of the High Court Division were perfectly correct in holding that ale appeal before the High Court Division was incompetent and not maintainable in law. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......e that the partnership was dissolved the suit is barred under section 69(2) and section 46 of the Partnership Act. 5. On appeal the High Court Division reversed the finding of the Trial Court by holding, first, that the plaintiff has proved that he and defendant No.1 were partners in the firmâ€..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......order and disallowed the application for addition of parties. 5. Leave was granted to consider whether the High Court Division committed any error in reversing the decision of the trial Court by holding that the appellants are not necessary parties and consequently disallowing the application f..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......titioners, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that the learned Subordinate Judge as also the High Court Division committed substantial error in not holding that the application under Order 9 rule 9 CPC having been filed beyond 30 days of the impugn..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
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