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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....(59) against Serial No.165 under the caption" Mirpur Section 10 C" should not be declared to have been made without lawful authority and is of no legal effect and why the judgment and order dated 24.12.88 passed by the Court of Settlement in case No. 760 of 1987 (Ka‑165, Mirpur, Dhaka) s......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
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....f Bangladesh and is directed against an order of detention issued by the Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case o......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....hury J.—This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an allotment letter bearing Memo No. 5817 dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. I......menities the petitioner and other residents very recently came to know that at the instigation of some interested quarters the respondents in violation of the terms of the aforesaid lease deed and in breach of the public duties and obligation and also to the detriment of the civic amenities of the r..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ate‑For the Respondent No. 7. Appeal from Original Decree No.153 of 1990. Judgment Md. Sirajul Islam J.- This appeal by the defendant No.2 is directed against die judgment and decree dated 7.3.90 and 17.3.90 respectively passed by the Subordinate Judge, First Court, Dhaka in Title S......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
....d he had been regularly working in the said post on daily wage basis upto 30.1.85 when he was appointed to Tax Collecting Muharrar of Sutrapur Sub‑Registry Office. Annexure B to the petition is the date of appointment of Tax Collecting Muharrar.
3. The petitioners have given a background of t......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.
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Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....id rents for the land. The property has also been recorded in his name in RS Khatian after rejection on 21.7.1979 of the defendant's objection. Thereafter the defendants served upon him 2 notices dated 7.9.1979 and 26.9.1979 threatening to dispossess him from the property.
4. The Paurashava......152 was not mandatory but merely directory and as such the suit could not fail for non‑service of the notice. In support of his contention Mr. Alain submits, there is no consequential provision for breach of the requirement of notice. Whether the provision is mandatory or not, one has to look into..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....ith effect from 13.11.64 On 3.8.71 he was, thereafter promoted to the post of Works Manager. On 2.7.76 he was further promoted to the post of Superintendent (Production) by Memo No.4/1/76/ D‑13/395 dated 2.7.76 by the Ministry of Defence, Governmentof Bangladesh. 5. Petitioner Serajul Islam T...... rules, arc at the pleasure of the President, and so these statutory rules are but the expression of the pleasure of the President, and not a Constitutional or statutory guarantee. His remedy for the breach of any of these rules will be "through official or departmental channel and not in a Cou..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... Anwarul Haque Choudhury J.— This is an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh and is directed against a Memo No. SA/3‑C/1384 dated 27.4.92 issued by the Additional Deputy Commissioner (Rev.) Sylhet, so far as it relates to se......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
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....the matter to said HTNC Md. Naib Ali Akanda who on 21.12.75 issued a Memo to Loco Foreman for returning the BTO for sending it to its destination but the Loco Foreman did not return the same oil that date but returned the empty wagon oil 22.12.75. 6. It is also the case of the prosecution that ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of the defendant‑petitioners and is directed against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court ......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)
....uhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure on behalf of the defendant‑petitioner and is directed against the judgment and decree dated 16.2.80 passed by the learned Subordinate Judge, 2nd Additional Court, Sythet in Title Appeal ...... of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof." 10. Now, in the instant case, it appears that the lower appellate Court h..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....
Writ Petition No. 1374 of 1990.
Judgment
Md. Abdul Jalil J.-This Rule was issued calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawfu......
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
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Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....dgment
Fazle Hussain Mohammad Habibur Rahman J.—This Rule Nisi was issued on 22.5.91 calling upon the respondents to show cause why the impugned Memo No. Bhu: Ma: 7‑Netro‑1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑......the Government cannot arbitrarily 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 ..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should not be declared to ha......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.
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Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....tructed by M Nowab Ali Advocate-on-Record-For the Respondent No. 5. Not Represented - Respondent Nos.24. Civil petition for leave to Appeal No.160 of 1991. (From the Judgment and Order dated 30.5.91 passed by the High Court Division, Dhaka in Writ Petition No.383 of 1991). Judgme......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. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....372 of 1984. Judgment Habibur Rahman Khan J.- This application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the judgment and decree dated 24.4.84 and 8.5.84 respectively, passed by the Additional District Judge, 4th Court, Dhaka, in......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. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....al Revision No. 513 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 7.5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 of 1990......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
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....নালয় নির্দেশ প্রাপ্তির পর এই এজাহার করা হইল। 4. The police after investigation submitted charge sheet being No. 24 dated 26.1.91 under section 19(a) & (1) Arms Act read will Special Powers Act, 1974 and the case......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. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should n...... 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. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....vision No. 168 of 1991. Judgment Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 ......o injunction could have been granted on merits because the stipulation contained in clause 19 is that the performance bond is to be encashed / forfeited at the option of the Coal Controller for breach of any of the terms and conditions of the contract and for their default in making the suppli..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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