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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... original lease deed is identical with the specimen LTI of Abdur Rouf marked at 'B' taken on paper on 26.10.85 and that both the finger impressions are products of the same finger of the same hand of the same person, No affidavit‑in‑opposition has been filed by the respondent denying thi......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....der 23, rule 3 of the Code of Civil Procedure and decree passed accordingly. Mr. MB Taz Mohammad, the learned Advocate appearing on behalf of the plaintiff and the defendant-respondents, on the other hand, argued that no effective compromise has been made and that the parties have not yet got any po......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....ted by the District Registrars on reports of the Sub‑Registrars on the working/Extra‑M Muhaffars after their engagement from the candidates with Matriculation Certificates having neat and legible hand‑writing. The senior and efficient extra‑Muharrars were promoted to the posts of Tax Collect......of the case we hold that the Rule cannot be sustained. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 46. ..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....o constituting Holding No. 74 Bangshal Road under Narayangonj Paurashava. 3. Briefly stated, the case of the sole plaintiff Abdur Razzak is that the suit property originally belonged to Gobinda Chandra Podder and others, from whom about 40 years ago one Joynal Abedin acquired it. He raised ther......rials on record including the commissioner's report that the suit holding stands on CS Plot No. 298 and Mr. Fakir Abdul Mannan does not have any submission against this. It will be interesting to note that the 2 notices that is dated 7,939 (Ext. 3a) and dated 26.9.79 (Ext. 3b) issued by the Paur..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....hittagong did not approve the lease, the lease is cancelled and it has been ordered that those fisheries would again be put to auction and the petitioner along with other lease holders is directed to hand over possession. So it appears that for violation of a condition of the bid, on the basis of wh......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....r Superintendent of the office of the respondent No. 1, a close relation of one of the landlords. 6. Mr. Harun-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a pe......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....y unloaded the superior kerosene oil from BTO No. 40058 though they had no papers of this consignment and they are not the consignee. The actual consionee Mr. Abdur Rahman, proprietor of M/s. Rahmat Bhander, Pliulbari while searching for the BTO at Santahar Yard on 20.12.75 appeared before Md. Naib ......n that condition the Santahar Railway Traffic marked the wagon to Locoshed and the same was despatched on 11.12.75. The evidence on record disclosed that this appellant Abdur Rashid though on 7.12.75 noted in the record that the aforesaid was meant for despatch to Phulbari Railway station he subsequ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....rliminal Appeal No.8 of 1988) SK Sinha, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1 & 2. (In Criminal Appeal No.8 of 1988) NH Khandaker, Advocate-on-Record-For the  petitioner (In Criminal Petiotion for Leave to Appeal No....... learned Judge one after another and by judgments delivered on the same day (9.12.84) the constables were convicted in the Sessions case while Fakhrul Ahmed and Nasiruddin were acquitted in the above noted case. 9. In the Sessions case out of which this appeal arises, all die 16 accused includi..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....ast Pakistan Provincial (now Bangla­desh) Co‑operative Bank Ltd. reported in 27 DLR 523. 4. Mr. SA Rahim, the learned Advocate appearing for the plaintiff Bank opposite party, on the other hand, submits that section 176 of the Contract Act does not bar seeking any permission from Court fo......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

....p;………….Opposite Parties Judgment      April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and......s the performance depends upon something personal or special, It however appears that the learned Subordinate Judge as well as the learned Advocate for the opposite party have been misled by the head note only of the above decision wherein it has been further held that, "Under section 54 o..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

.... as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by purchase in 1949 (1356 BS) by one Duraram Upadhyaya, S/o. Late Thoparam Upadh­yaya from the original owner Rakesh Chandra Kar and others. During the last Settlement Survey, the said land was wrongly recorded in the ......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. ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Syed Rahmatur Rub Irtiza Ahsan Vs. Government of the People's Republic of Bangladesh and others, 1992, 21 CLC (HCD)

.... and, as such, the whole proceeding before the Arbitrator was void and the reference made by the Registrar is also void. 6. Mr. Fazlul Huq, the learned Assistant Attorney‑General, on the other hand, submits, section 86 of the Co‑operative Societies Ordinance covers also the election dispute......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       ..

Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

....elates to the voidability of the impugned Rules are concerned to give a decision in the matter. 8. Mr. Abdur Rab Chowdhury learned Advocate appearing for the respondent Nos. 4‑11, on the other hand, submitted the jurisdiction of this Court had been ousted after the Administrative Tribunal was...... 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 ..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

....sp;     ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

..... M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183; Abdus Sattar and others Vs. Suresh Chandra Das and others 32 DLR (AD) 170. Lawyers Involved: SK Sinha, Advocate—For the ......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 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

............Opposite Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Sh......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....oned property within the definition of the President’s Order No.16 of 1972. 8. Mr. Quazi Akhtar Hossain, the learned Assistant Attorney‑General appearing for the respondent No. 2, on the other hand, submits that the alleged agreement although executed in 1970 was not acted upon till the suit ......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. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....t the First Miscellaneous Case has been preferred before this Court by the Coal Controller, Directorate of Coal, Government of Bangladesh which is heard and disposed of by this Judgment. 3. Mr. Khandaker Mahbubuddin Ahmed, he learned Advocate appearing for the appellant, submitted that the impu...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....and with ulterior motive suppressed the facts as to sale and transfer of his shares and by all other sponsor‑shareholders including the petitioner to the present shareholders and about transfer and handing over the management of the company and its business to the new management. According to this...... 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. ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)

....tested that suit asseruing, inter alia, that the plaintiff was ordered to act as an IPO, Netrokona in the vacancy caused by Mr. Satfuddin Ahmed on temporary basis due (a non-availability of qualified hand; that every IMS required to qualify through competitive examination and that the plaintiff appe......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. ..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112