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.... or they migrated to India earlier the Enemy Property law came into operation in 1965, so that the property left by them came within the mischief of enemy property law but the High Court Division has erroneously assumed as a fact which the Enemy Property Authority was to prove. The onus was thus mis......er things, of a registered kabala dated 4.8.72.
8. The respondent No.2 rejecting the petition of objection passed the following order:
"Perused the records. The earlier order stands in view of the fact that the Hon'ble High Court has not given any adjudication regarding right and ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......elf suffers from coram‑non‑judice we think that non‑filing of appeal or withdrawal of appeal after filing the same does not stand in the way of getting relief in this jurisdiction.
In this view of the matter the Rule is made absolute without any order as to costs and impugned award dated ..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... 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
......istry of Energy and Mineral Resources, the respondent No. 1, Ministry of Industries on 10. 12.90 granted Right of Refusal (ROR) to the import of the said 43092 single phase meters under IDA Credit in view of the letter dated 31.10.90 of the local representative of the World Bank to the Vice Presiden..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ted Chairman of the said Union Parishad under section 25 of the Local Government (Union Parishads) Ordinance, 1983. 3. It is contended in paragraph 8 of the petition that respondent No. 7 with a view to practicing fraud upon the voters and people and thereby to misguide them enrolled his name i..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
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
......ary provisions set out in the Fourth Schedule thereof shall have effect notwithstanding any other provisions of the Constitution. It has been further stated in the affidavit‑in‑opposition that in view of Article 117 of the Constitution read with the Administrative Tribunal Act, 1980 this applica..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... 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 ......amending the schedule of the suit property and the said amendment has not changed the nature and character of the suit. 5. We have heard the learned Advocates of both the sides and we are of the view that the impugned order of the learned Subordinate Judge cannot be sustained in law, as it is n..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....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.
......tisfactorily completed the period of probation. Under section 4(2) of the Act the period of probation for a worker having a function other than of clerical nature is three months. Thus, we are of the view that, a worker who is in temporary nature be within the meaning of section 2(s) of the Act for ..
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 ......y the rent by the 7th of the following month, but he could not prove that by any cogent evidence. In the absence of any contract to the contrary as to the time of payment of monthly rent, I am of the view that the tenant was liable to pay the monthly rent by the 15th of the next following month as p..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....0.00 (Taka three crores, eighty nine lacs and twelve thousand) in not repaying the dues to the Agrani Bank ( BB Road Branch, Narayanganj), (Respondent No.6) should not be declared to have been passed erroneously without any lawful authority and to be of no legal effect.
2. Subsequent to the issua......র্কীত কোন তথ্য একীভূত অবস্থায় বা অন্য কোনভাবে প্রকাশ করিতে পারিবে।”
11. Thus in view of the clear provisions of section 37 of the Bank Companies Act, 1991 the Bangladesh Bank had c..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....f factis not binding on the High Court and may be justifiably interfered with even in revision. It is also held by the Appellate Division that the High Court Division committed no error of law as the erroneous finding of the lower appellate Court was set aside with reasons assigned thereof. 9. ......d 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 oral contract. In view of the above, I find no substance in the first submission of the learned Advocate for the petit..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....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. ...... case of a minor under section 366 of the Penal Code, namely kidnapping, the age would be referable to the age as in the Majority Act and not as to the Penal Code and Mr. SS Haldar in support of this view referred to a decision of a Division Bench of this Court reported in 42 DLR at page 297 where a..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......reement been not acted upon, it could have been struck down, but, in fact, on the basis of the said agreement a decree was passed followed by execution and registration of a deed of sale. So, in this view of the matter, there is no reason to hold that the said holding is an abandoned property. It ma..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....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. ......uashing criminal proceedings at the interlocutory stage or at the early stage on the ground that continuation of the proceedings would be an abuse of the process of the Court. We fully agree with the view taken by the Lordships of the Judicial Committee that the extraordinary power of the Court unde..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... 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. ......comprising of Fazal Hossain Mohammad Habibur Rahman, and Mahmudul Amin Chowdhury JJ observed as follows: "In the present case it has been stated above that prima facie at this state we take the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......le of the Arbitration Act appointing a receiver, an appeal was not maintainable. The court after examining the provision of section 39 of the Arbitration Act found in para‑4 of the Judgment that in view of the provisions of section 39 of the Arbitration Act appeal shall lie only from those orders ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......e respondent No. 1 and filed some papers including copy of an application sent to the Secretary, Ministry of Home Affairs by one of the Managing Directors of the Mill for release of the petitioner in view of the transfer of the Mill which was recommended by respondent No, 3. It was asserted that the..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......ndant, and where there is no pleading of the defendant, there can be non‑admission on his part and he is bound by all the allegations in the plaint. Being in respectful agreement with the aforesaid view of the learned Judge I am also of the opinion that where there is no denial of the allegation m..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... for determining the genuineness of a thumb impression, namely expert examination, ought to have been allowed by the High Court Division. 7. On behalf of the respondents it is contended that in view of the facts that the defendants accepted, the plaintiffs as their landlords by their letter da..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......;………Respondent Judgment January 15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......ent No. 3 had no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of the provisions of section 96 of the Companies Act. Since its incorporation no meeting of the..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
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