Search Options
Judgment Advanced Search
Displaying 1101-1120 of 5586 results.
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......ion)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shabir Hassan alias Bachchu......................Petitioner
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made a......d sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on trial along with 22 others for of..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....e Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of the character of the suit as such. The conversion ......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
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ivity, endangering the economic and financial interest of the State. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along ......n (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- ......Society at Dhaka. He is also a director of Bangladesh Commerce and Investment Ltd. the operation of which has been suspended by the order of the Bangladesh Bank with effect from 28.4.92 for alleged illegality committed by the same Investment Corporation in violation of the Banking Company Act and th..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
.... the vacant space in between Block E & F of the Master plan of the Mirpur Housing Estate. The vacant space in between Block E & F of the Section 2 in fact was preserved in the Master plan for proper sanitation, light and ventilation and for free air for the residents of the area.
3. It ......lip;……………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent
Judgment......tioner and other allottees made representations to the Ministry of Works and other authorities stating that the allotment of plot in respect of vacant space as in the master plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has be..
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)
....ge, 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 properties described in the sch......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......nts but no partition Look place. Hence, this suit for partition. 3. The defendant No.2 contested the suit by filing a written statement. His case is that the plaintiff and the defendants are the legal heirs of Dr. Muhammad Shahidullah and his wife Mrs. Marguba Khatoon. But that the properties h..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....e and are of opinion that the instant application is really in the interest of all the members of Tax Collecting Karmachari Samity which appears from the several averments of the writ application, if properly construed, and the writ application has partaken a representative character. We hold that A......so Reported in: 46 DLR (HCD) (1994) 46.
......gistrar, 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 petitioner No.1 was enlisted as a Copyist, oth..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
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 ......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ......impugned orders dated 9.7.89 passed by respondent No. 1 the Secretary, Ministry of Defence retiring/removing the two petitioners from service have been made without any lawful authority and are of no legal effect and the respondents should be directed to reinstate the petitioners in service with all..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....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 ...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......e 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 enforced it cannot also be the basis of a con..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....a Nirbahi Officer in course of his official duty after giving several opportunities to the petitioner to appear and that the Upazila Nirbahi Officer had normal official duty to safeguard the life and property of the public. 4. It is the further case of the contesting respondents that the rented......risdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………….......Res......the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahman Talukder, is that he is a bonaf..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)
....nical Engineer, Paksey the Loco Foreman, Santahar booked 11000 gallons of HSD oil in BTO No. 40055 which was ultimately handed over to the real consignee of BTO No. 40058 and the Enquiry Committee on proper and physical verification of the storage tanks found shortage of 4139 gallons of HSD oil with...... is also Reported in: 46 DLR (HCD) (1994) 149. ......desh Railway, Chittagong asked the Divisional Mechanical Engineer, Paksey on 3.3.76 for directing the LF Santahar to return 11000 gallons of superior kerosene oil to the consignee which he unloaded illegally to his storage tank. Absconding accused Abul Kashem, the Divisional Mechanical Engineer, Pak..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....ntiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. P...... ...... firstly, that when the plaintiff‑bank has resorted to his relief by the institution of the present suit against the defendant petitioners for realisation of its loan money with interest, it has no legal authority or right to sell out the pledged goods i.e. the turbine pumps during the pendency of..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......
Present:
AM Mahmudur Rahman J
Syed J R Mudassir Hussain J
Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
......Act, 1922 (Act no. XI of 1922)
Section 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not ente..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... in his written statement that the pro‑defendant No.3 has had no right or authority to sell out his right of repurchase to the plaintiffs who are admittedly outsiders rather strangers to the suit‑property and are not privies to the ekrarnama; hence the plaintiffs acquired no right, or interest i......;………….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 ......it‑land by their alleged purchase of the right of repurchase from the pro‑defendant No. 3 vide Ext. 1 i.e. the deed of purchase of the right of repurchase dated 28.3.75, the same being void and illegal inview of the ekrarnama Ext. A and further it has been contended that the defendant No. 2 has ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... 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 be in pursuance of the decision in ......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:......t and order dated 18.7.80 were pleased to direct restoration of the properties to the petitioner, with an observation that, "this however will not 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 ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....independent remedies for enforcing independent rights, and the mere fact that the disqualification has been overlooked or what is worse, illegally condoned by the authorities who were responsible for properly scrutinizing a person's right to be enrolled as a voter or his right to be validly nomi...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment ......l Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in respect of Chairman shall not be dec..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....y direction should not be given to the respondent Nos.1‑3 to withdraw/cancel the said order dated 10.6.90 forthwith or such other or further order or orders passed as to this Court may seem fit and proper."
2. The case of the petitioner is, that he was appointed as Inspector of Customs a......
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is......w 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 lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amend..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....tted that the law provides for amendment of pleadings under Order 6 rule 17 of the Code of Civil Procedure at any stage of the proceedings and hence the delay alone, if the application is otherwise a proper and bona fide one, should not be considered sufficient to refuse the prayer for amendment of ......p; ......ment, the application for amendment and the written objection against the same and then he has submitted that the impugned order is not at all a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and cir..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ed and execution of the lease deed was not completed lessee's full right as such did not accrue, but the action of the approving authority cannot be sustained if it is found arbitrary and without proper application of mind."
In the instant case the case is on a better footing because t......Co‑operative Society Ltd. represented by Majharul
Islam……………………………….Petitioner
Vs.
Bangladesh and others…………………………Respondent......1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. filed an ..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....k vide copy of the Judgment dated 5.10.77. As against that decision the Bank filed the aforesaid writ petition. It was argued on behalf of the petitioner Bank that finding of the Labour Court was not proper inasmuch as it was not based on material on record, but this Court found that the decision of......
Chairman, First Labour Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
......ling 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 have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be pu..
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 ...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. 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......ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted." In all the decisions of the Appell..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
94649090530194729102905594809478688891039453948190819058949594519479949791019488