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....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...... is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has been further the case that the petitioner also thereafter sent a demand justice notice on 14th January, 1991 but no action has been taken in this regard by the respondents. It has ......nt Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No..
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. ...... passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the p..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......ediate lower posts of Tax Collecting Muharrars, etc. In paragraph 21 it is stated that the petitioner No.1 on behalf of himselfand other Tax Collecting Muharrars, as Secretary of their samity, served notice upon the respondent No.1 and other respondents on 19.3.90 demanding justice by rescinding the...... The then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanctioned non‑ Government post or BD Muharrars (basic democratic muharrars) for all the Sub‑Registry Offices of all the Districts of the then East Pakistan now Bangladesh. Th..
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......absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the notices Exts. 3a and 3b which gave rise to the plaintiffs cause of action were issued in official ca......;……Opposite Party
Judgment
June 23, 1992.
Result:
The Rule is made absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the..
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......xamined them. The inquiring officer found him pill, of misconduct, and according to the Rule recommended punishment of compulsory retirement. Petitioner Lohani was also given a second show cause notice on 3.11.88 why he should not be compulsorily retired and after considering his reply dated 17......e Republic) serving under the said Board Under the said ordinance of 1961 and that the Ordnance Factories Board apparently under section 7 of the Ordinance Factories Board Ordinance, 1961. has merely for convenience, adopted the civilian employees in Defence Services (Classification, Control, Appeal..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......e paid Taka 58,000.00 on the spot against DCR No. 0046287 dated 24.4.91 issued by the Nazir, Revenue Branch office of the Deputy Commissioner, Sylhet, Annexure‑B. Under the condition of the auction notice (as in condition No.5) the balance money was to be deposited within seven days from the date ......ure and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enforced and as it cannot be enf..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... respondents, namely, Mr. AKM Musa, Upazila Nirbahi Officer, Madaripur, Mr. Dilip Kumar Basak, Magistrate, 1st Class and Upazila Magistrate, Madaripur and others to show cause why the impugned notice dated 19.12.88 (Annexure-A to the Petition) passed by the respondent No. 1 directing the petitioner ......pon the respondents, namely, Mr. AKM Musa, Upazila Nirbahi Officer, Madaripur, Mr. Dilip Kumar Basak, Magistrate, 1st Class and Upazila Magistrate, Madaripur and others to show cause why the impugned notice dated 19.12.88 (Annexure-A to the Petition) passed by the respondent No. 1 directing the peti......lass and Upazila Magistrate, Madaripur and others to show cause why the impugned notice dated 19.12.88 (Annexure-A to the Petition) passed by the respondent No. 1 directing the petitioner to appear before him and the action of the respondent No. 2 opening the tenanted house of the petitioner by brea..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)
....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. ......visional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2..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 ......Court without assigning any reason. As to the impugned order dated 17.4.90 the learned Advocate for the petitioners has further submitted that the same also suffers from serious legal infirmity as no notice as required by law was served upon the defendant petitioners by the plaintiff‑bank before m......ted against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts gi..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 ......y the vendee at the time of sale is assignable. But Mr. Matin has pointed out that the learned Subordinate Judge has taken a partial and one‑sided view of the decision cited above and has failed to notice some very material portion of the said decision and thereby has fallen in serious error of la......d Additional Court, Sythet in Title Appeal No.160 of 1978 allowing the appeal and reversing those dated 12.12.77 of the learned Munsif, 1st Court, Moulvibazar dismissing the Title Suit No.232 of 1975 for specific performance of a Contract. 2. Facts giving rise to this Rule are in a nut‑shell ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....No. 4.
Writ Petition No. 501 of 1987.
Judgment
AKM Sadeque J.- By this Rule Nisi issued at the instance of the petitioner Aftabuddin Ahmed, the Gazette notification No.Sec 140/65/8 EPS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued ......e J.- By this Rule Nisi issued at the instance of the petitioner Aftabuddin Ahmed, the Gazette notification No.Sec 140/65/8 EPS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties describ...... of the petitioner Aftabuddin Ahmed, the Gazette notification No.Sec 140/65/8 EPS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties described in the said notice Annexure G purporting to..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....t for the last few years the same is being locally produced by some manufacturers including petitioners of Writ Petition Nos. 2341 and 2342 of 1991.
6. Admittedly Government by office memorandum dated 9.4.82 (Annexure‑'A') decided to encourage locally produced goods and to ban import .......2,91 (Annexure‑'G(I)') protested about circulation of the said decision and requested to review and revise the same and circulate the decision actually rived at.
9. The petitioners by notice demanding justice issued on 20.2.91 (Annexure H) claimed that respondent No. 2 should not iss......dvocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules.
..
Category: Constitutional Law | Date: 4 Mar, 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
......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 lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amended and a fresh Rule was issued on the follow..
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‑......ner does not disclose any reason for cancellation and is unreasonable, arbitrary, violative of Article 27 of the Constitution and mala fide and also submits that the respondents having not issued any notice upon the petitioner and nor having any opportunity of being heard before canceling the lease ......
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said case it has also been held that unless the lesse..
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......on expressed terms and conditions that he would be paid consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00 as conveyance allowance per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in ......y and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitioner (Rupali Bank) to allow him all the facilities of a permane..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
..... — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No. 47 of......d been damaged. The petitioner bona fide requires the suit premises for starting a business through his unemployed sons after reconstruction of the whole structure. The petitioner thereafter issued a notice under section 106 of the Transfer of Property Act on 16.8.1984 asking the opposite part to va...... and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No. 47 of 1986 should not be set aside. 2. The petitioner instituted SCC Suit No. 3 of 19S5 for a decree of eviction of the opposite party from the suit premises which on transfer to the Court..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....ndent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented by its Governor, Motijheel Commercial Area, Dhaka made in the Bangladesh Observer dated 20th May, 1991 as continued in the said Daily on 21st May, 1991 (Annexure ‘F’) under secti......y stood at the close of business on the thirtieth day of June in the first half and the thirty‑first day of December, in the second half of the year.
(2) The Bangladesh Bank may, at any time, by notice in writing, require banking companies generally, or any banking company in particular to furn...... the Bangladesh Bank thereafter published the list of defaulters including the name of the petitioner in different daily newspapers under section 37 of the Bank Company Act, 1991 on the basis of the aforesaid letter dated 12.5.91 of the Agrani Bank; that the petitioner was indebted to the BB Road Br..
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)
....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. ......d (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by its Secretary, Ministry of Information and four others ..................Respondents Judgment July 15, 1991. Res..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......rity toshow in support of his contention that oral contract for sale of immovable property is ex‑facie invalid and not enforceable in law and for that matter court’s jurisdiction is barred to the notice of and making enquiry into the genuineness or otherwise of the claim made on the basis of ora......etitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the..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. .......83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Facts, in short, are that the father of the victim girl the informant lodged the First Information Report with the police station under sections 448/366A/109/34 r..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
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