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....itrarily cancel the lease.
Government cannot cancel any such lease of fishery arbitrarily without giving the lessee an opportunity of being heard and without showing any breach of the conditions stipulated in the lease deed…………(6)
Cases Referred to-
Lutfu H......er dated 17.7.91 and the said Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. was added as a party.
3. The petitioner had taken lease of the Khaliajuri Group Fishery for the period from 1395 BS to 1397 BS at an annual rent of Tk. 14, 05,000.00. Almost a year thereafter resp..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....l be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in the godown of Orient Textile Mills Ltd. Mirerbagh, Dhaka. It is further stipulated in the appointment letter that applicant would be appointed if the said terms and conditi...... Act, 1965 (hereinafter to be referred to as the Act). means “worker" who has been engaged for work which is essentially of a temporary nature and is likely to be finished within a limited period. Further, the term permanent worker has been defined in section 2(m) of the Act to mean "..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ...... of monthly rent presumably because he owed a substantial sum of money to the opposite party. The opposite party requested the petitioner in the last week of October, 1983 to receive the rent for the period from April to October, 1983 but the petitioner gave evasive reply. Thereafter the opposite pa..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......angladesh Bank by which the embargo has not only been suspended for three months but the loanees and the relevant Banks have been asked to bring down their dues to a satisfactory position within this period for being able to enjoy the banking facilities according to the terms and conditions of each ..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ...... Section 10(3) provides that the decision of the Wage Board fixing rates of wages shall be communicated as soon as practicable to the Government and section 11 provides that within one month from the period of receipt Of the 6ecislon of the Board it will be published in the Bangladesh Gazettee where..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
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. ...... No.1 do execute and register kabala in favour of the plaintiff within sixty days from passing of the decree failing with which the plaintiff shall get same through Court after the expiry of the said period. 5. Being aggrieved, the defendant No.1 as petitioner has moved this application before..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......e) Madaripur and that the respondent No.5, was prepared to pay high rent at the rate of 30% instead of 25% above the previous year’s rent and to pay 15% instead of 10% higher rent for the remaining period of two years. The respondent No.5, Additional Commissioner, Dhaka Division called for a repor..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ...... 16.2.91 was fixed for framing charge. 5. The former President, amongst other grounds, claims exemption from having licence for keeping arms and his further plea was general amnesty during which period the arms were surrendered to and seized by the Committee headed by Chief Metropolitan Magistr..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......years and when used with reference to a child sent to a certified institute or approved home or committed by a court to the custody of a relative or other fit person means that child during the whole period of his detention notwithstanding that he may have attained the age of sixteen yew during th..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....o building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would ......be submitted to person so named or designated so. Article 181 of the Limitation Act provided that an application be made in court within three years from the time when the right accrues, for which no period of limitation is provided for elsewhere in the schedule of the Limitation Act or by section 4..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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. ......ed order of detention under section 3(1)(a) of the Special Powers Act for 3(three) months signed by the respondent No. 2 and he was served with the grounds of detention of 9.3.87 and subsequently the period of detention was extended for further 3(three) months. While the petitioner was in detention ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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. ......sanction. After seven years of service in that cadre he was reverted to his substantive post of District Kanungo without any notice. It was held that as the respondent was not appointed for a limited period within the tenure of cadre itself or any specified period and that as the word "temporar..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
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. ......its assets and liabilities including pre‑liberation liabilities. At a meeting of he Board of Directors of the Company held on 21.9.76, the liabilities of the Company to the appellant‑bank for the period prior to the release of the Company was acknowledged. The Company had issued balance confirma..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....March 1938 Qazi Mohr Din filed a suit for possession of the disputed land against the vendee Sh Mehr Din and fifteen others alleging that the vendee had failed to pay the balance of the sale price as stipulated. This suit was decreed on 30Lh December, 1943 by the District Judge of Rahim Yar Khan, th...... appeal. 15. In disposing of this appeal, we may point out that admittedly defendant No.2 was a necessary party in the appeal before the High Court Division and his addition as a party after the period of limitation could have been cured provided the appellants would have prayed for the same. I..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......hman further sought to argue that no election of the office‑bearers of the union of which respondent No. 2 was said to be the General Secretary was held since its registration within the prescribed period of 1 (one) year as required under the Constitution of the Union and that the office‑bearers..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......taining sections 37 to 41, deals with suspension, removal, dismissal, termination and resignation. Sub-rule (1) of Rule 41 provides for termination of the service of an officer or employee during the period of probation, at any time, without any reason being assigned. Sub‑rule (2) of Rule 41 provi..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......ty days from the date of receipt of the information relating to the commission of an offence, or from the date the Magistrate orders for the investigation. The Magistrate was empowered to extend this period in appropriate cases by only one month. Sub‑section (7) provides that if investigation is n..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......atment in UK and on return to Bangladesh he was also under the medical treatment of Dr. AA Munib, Associate Professor of Psychiatry, and Sylhet Medical College from 25.8.80 to 12.4.82 and during this period he was completely of unsound mind. It is stated in the plaint that taking advantage of his me..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the vendor of the plaintiff had knowledge of the impugned document beyond the period of limitation plaintiff’s subsequent knowledge within the period of limitation is not m..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......ve prescribed such power or privilege to the accused in getting restoration of possession of the property which is found to have been delivered to the complainant at the time or within the prescribed period after the disposal of the case as in the case of the complainant. From the language of sectio..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
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