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Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... 1‑5 claiming that he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... court Can assume jurisdiction to see if there is any illegality committed by the court below whose orders have been challenged by the party…….. (24) Cases Referred to- 4 BLD (AD) 165; 26 DLR 170; 27 DLR 260; 20 DLR (DACCA) 367; PLD 1968 (Peshwar) 214; 25 Crl L. J. 1161 (Rang..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......swer in the finding of the Tribunal which, as a matter of fact, found "so it is apparent that no agreement was executed during the accounting year covering the period 1.7.1980 to 30.6.1981. Such post‑dated agreement can have no validity in the eye of law as it was not executed during the acco...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......tfor Rahman, Medical Officer, Modernised Sadar Hospital, Patuakhali received the dead body of Meher Negar through two constables (Jalaluddin and P.W. 2 Alauddin) of Barguna Police Station and he held postmortem examination on her dead body and found four incised stitched up wounds on the fold of vau...... Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. State, 40 DLR (AD) 281); Gul Hassan and others Vs. The State, 21 DLR (SC) 89 = PLD 1969 SC 89; Dipok Kumar Sarker V..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....w cause why stay as prayed for should not be passed. But thereafter by inadvertence of the office, this application by Mrs. Marium Begum for stay of operation of the Memo No. 8201(9) dated 5.7.92 was registered as Writ Petition No. 2514 of 1992 and by ad interim order the operation of the said Memo ......e owners of the industrial concern in question and such Tights cannot be taken away by the exercise of locus poenitentiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinsta......llector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. Lawyers Involved: Khondker ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....n of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8.1963 and 3.9.1963. The true copies of the appointment letter, registered conveyance deed and other Memoranda are annexed to the petition and marked as Annexures &......was original lessee of the Government as the petitioner's name was Abdur Rouf Khan and also submitted that the original lessee who was Abdur Rouf had left for Pakistan and the petitioner was an imposter and had no locus standi to file the case, When the petitioner found that his very locus stand......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
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....hat the suit was filed in a court which had SCC powers, but possibly due to some mistake in the cause title of the plaint and/or due to want of proper scrutiny by the office of the court the suit was registered in the Title file. The suit was subsequently transferred by the District Judge to a court......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
....sion dated 22.8.85 which decided the allotment of the said plot, situated in Section 2 Mirpur Road No. 6 with the consent of the Ministry of Law and Justice. Thereafter the deed of agreement has been registered in favour of respondent Nos. 4 and 5 bearing deed No. 2584 dated 30.7.89 and respondent N......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....etition has not been filed in the name of Tax Collecting Karmachari Samity but in the name of the two petitioners; whereas in 21 DLR 188 and 30 DLR 368 the writ applications were filed in the name of registered trade union. The present application has not been filed in representative capacity and th......eral of Registration, Dhaka and District Registrar, Dhaka to show cause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The pet......;…..Respondents
Judgment
June 30, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188.
Lawyers Invol..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....l Abedin acquired it. He raised thereon two four chala tin sheds and used to live therein. The property was recorded in his name in SA Khatian. By a kabala executed by Joynal Abedin on 22.10.1965 and registered on 29.11,1965 he sold the property for valuable consideration to the plaintiff. Since the......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......shed under the Ordinance Factories Board Ordinance, 1961 (Since repealed) are not civilian employees in any of the defence services but pure and simple Government Servants (i.e. persons holding civil posts in service of the Republic) serving under the said Board Under the said ordinance of 1961 and ......R. (HCD) 446; A.I.R. 1964 SC 600; L.R. Khurana Vs. Union of India. A.I.R. 1971 (SC) 2111; Union of India Vs. K.S. Subramanian, A.I.R. 1976(SC) 2433; Bangladesh Vs. A.K.M. Zahangir Hossain, 34 D.L.R. (AD) 173; Rear Admiral A.A. Mustafa (W.P. No. 64/92); Brigadier Abul Hasanat Md. Abdullah (W.P. No.15..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....belonged to one Musim Ali, proforma‑defendant No.3 who sold the same to this petitioner‑defendant No.1 Asim Ali and proforma defendant No.2 Moyenuddin for a consideration of Taka 900.00 only by a registered kabala dated 31.3.69; that the defendant petitioner and the said defendant Moyenuddin exe...... 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 ......rs Vs. Jainandan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and others Vs. Md. Khalilur Rahman, 37 DLR (AD) 21. Lawyers Involved: MA Matin with MA Jabbar, Advocates‑For the Petitioner. ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....on of the record of rights in the names of the Duraram, as purchaser in possession without document. Thereafter in respect of the lands Duraram obtained a Registered kobala dated 25.4.63 executed and registered by Rakhal Kanti Kar and Jahar Kanti Kar, sons of late Rakesh Chandra Kar, This said Durar......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.
......t stand in the way of the Respondents to take any legal action in die matter in accordance with law" In pursuance of this decision, the property was restored to the petitioner by an order of the ADC Sylhet under Memo No. SA/II‑I/ P‑13/78/10628(4) dated 11.12.80. Thereafter, the petitioner w..
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
......a Samity Limited had been nominated as Chairman of Bangladesh Jatiya Palli Unnayan Samabaya Federation for a period from 1.8.87 to 23.10.88 on 25.9.90. The petitioner received nomination form for the post of Chairman of Bangladesh Jatiya Palli Unnayan Samabaya Federation and filed the same on 30.9.9......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
.... this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association of dealers, manufacturers and traders of electrical goods and registered under the Companies Act and Trade Organisations Ordinance, 1961, is the petitioner in Wri...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ...... (and Project Implementation Officer), Shibchar Upazila, District Madaripur for information and to respondent No.7 Md. Ali S/o. A Aziz, Village Char Bhadrasan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is al...... Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolver Hampton New Waterworks Co. Vs. Hawkesford (6 ..Category: Administrative Law, Election Law | Date: 27 Feb, 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
......itioner counting the period of their services rendered at Mujibnagar during the war of liberation towards fixing seniority and treating the period of their absence before their joining in the present post after liberation as leave without pay although they were appointed afresh after the petitioner&......
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
....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.
...... case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his post. Accordingly, he applied for confirmation but no order has been passed as yet.
4. On the a......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.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....106 of the Transfer of Property Act on 16.8.1984 asking the opposite part to vacate the suit premises on the expiry of 30th September, 1984. The said notice was duly served upon the opposite party by registered post on 18.8.84. In spite of receipt of the notice, the opposite party did not vacate the......Transfer of Property Act on 16.8.1984 asking the opposite part to vacate the suit premises on the expiry of 30th September, 1984. The said notice was duly served upon the opposite party by registered post on 18.8.84. In spite of receipt of the notice, the opposite party did not vacate the suit premi........................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil P..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....Court Division, Dhaka in Writ Petition No.383 of 1991). Judgment Mustafa Kamal J.- Bangladesh Sangbadpatra Parishad (BSP'), an association of owners of newspapers and news organisation, registered under the Societies Registration Act, represented by its Secretary General, challenged (a......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. ......ay, if it has a personal 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. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
.... without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman is, that it is a registered co‑operative society having registrative No.1527 dated 21.8.72 under the Co‑operative......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.
......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.
..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
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