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Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......on completion of the enquiry". No reply was ever sent by the Port Authority. The High Court Division considered that the defendant No.3 not having intimated the result of the enquiry, a fresh case of action has arisen in favour of the plaintiffs and on the basis of the fresh cause of action the plai..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......in any law, rule or instrument having force of law shall prevent'' a person mentioned in clause (1) from being compulsorily retired under sub-clause (b) and no appeal has been provided for. Since the action against the plaintiff was taken under this provision we fail to understand the reasonings of ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......the tenant under defendant No.1 and it was incumbent upon defendant No.1 to serve a notice under section 106 of the Transfer of Property Act for eviction and concluded "we are of the opinion that the action taken by the defendant Nos.1-3 in ousting the plaintiffs from the suit premises was without l..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......e rent of the lands still in his possession. This application was duly signed by H.E. Percival. On this application, it appears from the order sheet that the relevant Revenue authority took certain actions on the direction of the Circle Officer (Revenue) and a proposal for consolidation and amal..
Category: Property Law | Date: | Hits: 128
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......rade as a promotion on the basis of the report and recommendation of the selection committee of the Board on 1-7-91 vide Annexure-G to the petition. So from the above fact we are of the view that the action by the impugned order (vide Annexure-I) to the petition giving the posting of the petitioner ..Category: Employment/Service Law | Date: | Hits: 184
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......he Government was conveyed in Memo No.898-183/79/LS dated 22.11 80 to the Deputy Commissioner, Bakerganj, who requested the petitioner in his Memo No.3497 (2) Judl. dated 10.12.80 to take necessary action in respect of the said two accused. Therefore it is most humbly prayed that your honour, in c..Category: Criminal Law | Date: | Hits: 82
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......er sanctioned and disbursed loan to the respondent No. 1 a Company incorporated under the Company Act, 1913 and has been carrying on business dealing in jute in the country. In course of banking transaction the respondent Nos. 1 to 5 incurred a liability to the extent of Taka 8,89,94,800.22 as on 30..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......d SROs having been provided the clear guide‑lines and suited in clear terms about the rate and capacity, the respondents committed no illegality in levying and Collecting the excise duties and such action being within the framework of law cannot be declared to have been passed without any lawful a..Category: Fiscal/Taxation Law | Date: | Hits: 199
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......During pendency of the suit the defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint stating, inter alia, that the plaintiff has no cause of action for the suit and as per statements made in the plaint the plaintiff’s suit was hopelessly b..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....ity and dignity of the Court and obstructed the course of justice. Facts of the case as described in the impugned judgment are given below. 19. Death Reference No.1 of 1982 appeared in the Daily Cause List on 1 February 1982 and it was fixed for hearing, at the instance of the appellant, on 7.......12.82 in contempt petition No.2 of 1982. We are informed by the learned Deputy Attorney-General that only a notice to show cause has been issued upon the contemner in both the matters but no further action has been taken. We have a feeling that if appropriate action was taken in those two matters b..Category: Criminal Law | Date: | Hits: 116
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......egret that I could not subscribe to the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance by way of over-draft by the petitioner from the Janata Bank, Karikhara Bran..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ities of the Justices of the peace, but their exercise of power could be challenged in the Courts of Kings Bench by recourse to the Prerogative Writs. 50. By the first half of the 19th century a reaction set in against prevalent tendency to treat nearly all of an inferior Courts finding as touchi..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
...... Shamsuddin Choudhury J. - The Rule under adjudication, issued on 6th April, 2008 was in following terms:
“Let a Rule Nisi issue calling upon the Respondents to show cause as to why the impugned action of the respondents dated 3.4.2008 to demolish the construction of the petitioner partially an..
Category: Civil Law | Date: | Hits: 218
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......ment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 07.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......h Amendment Act. It appears that those provisions were made only for a limited period for 90 days before holding general election after dissolution of the Parliament. We find that no unconstitutional action was taken by the legislature and, as such, we do not find any reason to interfere with the 13..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......bona fide intention in the disposal of the tractor, he would have certainly deposited the sale proceed with the Court. All the ingredients of 'criminal breach of trust' are prima facie present in the action of the appellant, and as such, he comes well within the mischief of this section. That his bo..Category: Criminal Law | Date: | Hits: 111
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of mala fide action is quite conspicuous. 4. In impugning the direction concerned, the Petitioner has alleged ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......and over immediate possession of our above commercial concern to us with detail inventory of stocks etc.
You are further requested to kindly order your representative to stop all business transaction forthwith on account of and on behalf of our above commercial concern and its preparation.
..
Category: Others | Date: | Hits: 154
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......petitioner seeks leave to appeal against the judgment and order dated 4.3.2003 passed by the High Court Division in Writ Petition No.3972 of 1998 wherein the rule was issued challenging the purported action of curtailing Khanepur Mouza from Char-Sindupur Union under Palash Thana District Narshingdi..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....se the question of tide to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by the plaintiff the landlord cannot be thrown out of the Court of Small Causes on the plea of tenant’s title on which the landlord’s claim does not depend.” 10. In......e defendant opposite party contested the suit by filing written statement denying all the material allegations and assertions made in the plaint stating inter alia that the plaintiffs had no cause of action: that the suit was not maintainable; that the SCC Judge had no jurisdiction to entertain the ..Category: Procedural Law | Date: | Hits: 74
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