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Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the application for non‑prosecution without deciding the issue. In the instant case, the Court of Settl......Jute Mills Corporation are annexed to the petition and marked as Annexures 'B' B(1), B(2) and B(3) respectively. Since he has been serving in the Corporation drawing all service benefits from time to time, he received such benefits in 1974, 1975, 1976, 1978 and 1979. The copies of such Memor......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. ......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)
....san…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154; Sk. Shahidul Huq Vs. G......ved with the ground of detention. Those grounds, according to the petitioner, contain the same facts that are also the fact in the complaint case and the detenu having been detained for 120 days at a time, his detention is still continuing. 3. The learned Advocate Mr. Mahabubur Rahman, appearin......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. ......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
....
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md. Awlad Ali, Advocate—For the Petitioner.
Obaidur Rahman Mustafa, Assistant Attorney-General—For......of the house and also obstructing the light and air of the petitioner's house, and it is prayed that the respondents be restrained by an order of injunction by this court which was granted at the time of the issuance of the Rule.
5. We have heard the learned Advocate Mr. Md. Awlad Ali appea......
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
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....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. ......dge in his judgment. 7. The only question raised before us on behalf of the defendant No. 2‑appellant is that the parties made a compromise of the suit and submitted a solenama in court at the time of hearing of the suit which has been marked as Ext. "A" but that the learned Subordi......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. ......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
....;………………..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, 2......created 475 posts of Muharrars had been specially created for accommodating the extra‑Muharrars and that is not violative of para 310 (a) of the Registration Munual.
11. The petitioners at the time of hearing raised objection as to the locus standi of the respondent Nos.5 and 6 to be added in......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.
......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.
..
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)
....he Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in th...... (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 Thakur of W.P. No, 1731 of 1989 was first appointed some time in the latter part of 1970 on probation for one year as Staff Assistant/Stores Holder (Class‑......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 ......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 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....Choudhury J KM Hasan J Ataur Rahman....................Petitioner Vs. Bangladesh & others.............Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his ...... waived the said condition. The same Additional Deputy Commissioner (Rev) would be estopped from alleging that the lease was not approved for failure of the petitioner to pay rest of the bid money in time or within seven days' period. The lease deed was executed and the possession of the fishery......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 ......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
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....………………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. ......e petitioner went to his village home keeping the press closed to attend some urgent family matters and met with an accident and became temporarily disabled and took rest at his village home for some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to a......he petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not appear but sent an application for time expressing his inability to move. After recovery from the injuries, the petitioner returned to Madaripur by the end of February, 1989 and fo......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..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)
.... Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......2 they have not seriously challenged the booking of 11000 gallons of superior kerosene oil by BTO Wagon No.40058 and there is also no challenge that the said wagon reached Santahar Railway Station in time on 7.12.75. It further appears from the documents filed that TNC, Santahar, Late Jasimuddin rec......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. ......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
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....ained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......got the inquest report prepared and thereafter sent the dead body to the Sylhet Morgue for postmortem examination. 'The complainant's husband and her son Fakhrul were under treatment for long time because of their injuries. 4. As the police of Balaganj PS refused to register any case, t......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
......opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 196...... proposed sale of the said goods and obtained an order of ad interim injunction. In the instant suit of the Bank i.e. TS No. 280 of 1989 the defendant petitioners however appeared and prayed for some time for filing written statement to contest the same and meanwhile they paid a sum of Taka 21,00,00......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 ......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)
....;…………….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. Ghas......n reported in 15 DLR 634 and has quoted in his impugned judgment from the above decision that the right to a vendor of immovable property on the basis of an agreement to transfer by the vendee at the time of sale is assignable. But Mr. Matin has pointed out that the learned Subordinate Judge has tak...... 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 ...... 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 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....D) (1994) 221
......etitioner of Writ Petition No. 273 of 1991 being an Association is not a person aggrieved and petitioners of the other petitions have no right in the matter of Government Policy which is changed from time to time. He further submitted that under clause II of Import Policy Order 1989‑91 and clause ...... 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
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....posite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such amendment or alteration is......, has submitted that it is true that the application for amendment of the plaint was made at a very belated stage, but the delay in filing the same has been explained in a separate application at the time of its filing. He has further submitted that the law provides for amendment of pleadings under ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....adesh and others…………………………Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice......ondent to show cause why the aforesaid memo Annexure‑B should not be declared to have been passed without any lawful authority and this Court stayed the operation of the said Memo Annexure‑B from time to time till the disposal of the Rule. One Badruzzaman Khan filed Title Suit No. 32 of 1990 in ......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....llip;………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
Mahbubul Huque with AQ Rashid Ahmed, Advocates‑ For the Respondents......olidated 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 the godown of Orient Textile Mills Ltd. Mirerbagh, Dhaka. It......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.
......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)
.... Kamal Kha...............................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......te party was never a defaulter in payment of rent of the petitioner. The petitioner occasionally visited the suit premises and realised rent for two months, three months, six months and one year at a time and issued receipts in favour of the opposite party. He also incurred an expense of Taka 672.73......on 18 of the Premises Rent Control Ordinance reads thus: "(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full ext......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 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
......................Petitioner
Vs.
Bangladesh Bank, represented by its Governor and others.................Respondents
Judgment
August 27, 1991.
Lawyers Involved:
Rabindra Ghose, Advocate ‑ For the Petitioner.
Dr. M Zahir, Advocate ‑ For the Respondent Nos. 1 and 2.
Rafiqul......f the Head Office of the Agrani Bank Building, Motijheel. CA, Dhaka informed the Bangladesh Bank bonafide by its letter dated 12.5.91 the outstanding dues of the petitioner as on 31.12.90 as it takes time to collect statements of outstanding dues till 31.12.90 of different loanees of different branc......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....smissing 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. ......bmits that it is not consistent with the human conduct that the plaintiffs will remain content only withwords of mouth of the defendant without obtaining anything in writing from the defendant at the time of contract or even at the time of parting witha good portion of the consideration money partic......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. ......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)
....t Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Badrul Islam Chowdhury J Tapash Nandi ..........................Petitioner Vs. State and others.................Opposite Parties Judgment March 28, 1991. Case Referre......ng that the victim girl who is about 16 years of age and a first year student of the local College was called by the accused No.3 to his father’s house after dusk. The victim girl did not return in time, so informant’s son inquired about her sister at different houses but did not find the girl t......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. ......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
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