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Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....d Nabaddip for his own interest instituted mortgage Title Suit No. 506 of 1917 and obtained the decree in the said suit, put the same in execution by way of auction and purchased the suit property on public auction through the Court and obtained the sale certificate and delivery of possession which ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....ncluding the aforesaid Eastern Banking Corporation were nationalised and it was renamed as 'Uttara Bank’. 3. Subsequently, the Government of Bangladesh decided to dis‑invest Uttara Bank to the public and shareholder of erstwhile Eastern Banking Corporation Ltd. After dis‑investment this Utt......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
.... decision. It is against this order the contesting defendant has obtained the present rule. 3. It is submitted on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall ent......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....on to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.” It appears from a reading of the above provision that imputation if any made by a......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... of the applicant or his high station of life, affluence is not at all relevant in considering the application for anticipatory bail. But if there is apprehension that granting of bail may impede public interest such as security of the State or hamper investigation by the police, the applicati...... Otherwise, the society as a whole would suffer and the progress of the country will be impeded. As such, it is the foremost duty of any State to ensure rule of law so that its citizens may live in peace without fear of their dignity, life and limb. An efficient criminal justice delivery system is..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
...., Assistant Attorney General ‑ For the Respondents. Writ Petition No. 41 of 1990. Judgment Abdul Hasib J. - By this petition under Article 102 (2) (i) of the Constitution of the People's Republic of Bangladesh the petitioner Mr. Moazzem Hossain Chowdhury has challenged the legality of the.......89 detaining the detenu for a period of 30 days with a view to preventing him from committing prejudicial activities and in the interest of sovereignty of the country, defence, economic security and peace vide Annexure "A" of the petition. The grounds for the detention were also served by the same ..Category: Constitutional Law | Date: | Hits: 172
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the respondent, Government in the Ministry of Home Affairs to show cause why the impugned order dated 12.12.89 (Annexure‑D) passed under section 17(1)(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not b......th. Lord Atkinson wrote a Respondents dissenting judgment but that was on different point that the subjective satisfaction of the executive authority is subject to initial review in war as well as in peace. In view of the aforesaid Annexures filed by the respondent (Annexures‑‘I’ and Annexu..Category: Criminal Law | Date: | Hits: 71
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....n of Bhederganj Upazila Parishad, within the District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....d J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned pr......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....espondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Divisio......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
.... *** *** ***
Sub‑article (5) of Article 102 of the Constitution of Bangladesh reads as follows:
"102. (5) In this article, unless the context otherwise required "person" included a statutory public authority and any Court or tribunal, other than a Court or tribunal established under a law r......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... order summarily without issuing any rule and affording the decree-holder as well as auction purchaser an opportunity of being heard. 6. It appeared from the order sheet of the case that after the publication of notice for auction sale the Judgment-debtor appeared in the execution case on 26th Fe......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....on of 25 years service. Such provision has been provided by Public Servants (Retirement) Act, 1974 and section 9(2) thereof provided as follows: "Government may, at any time, retire from service a public servant who has completed twenty five years of service without assigning any reason." 6. M...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
....MA Zahed, Advocates ‑ For the Respondent No.6.
Writ Petition No. 3490 of 1992.
Judgment
Anwarul Hoque Choudhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against Memo No. SPRM/Forest/27/92‑93/135 dated 15.9.92 issued by......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....H Khan, Arbitrator and execution of the Arbitrator Agreement the third meeting of the Council Committee on Insurance was held on 21.7.198 presided over by the Hon’ble Vice President of People’s Republic of Bangladesh (page 2 of the Additional Paper Book‑1) and the subject matter was handing ov......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....r abducting; Sixthly‑An assault with the intention of wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release." As regards the right of private defence of property, we shou......e to prove their alleged claim of possession or right over the case‑land, and even in the cross‑examination of the P.W.s by the defence, nothing appears to have been shown that they claimed their peaceful possession in the case‑lands at all. It is only through some suggestions to the P.W.s, it..Category: Criminal Law | Date: | Hits: 86
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....arties of which he cannot be deprived for any substantial reasons. To make department of the Government exception to this Rule would be putting a premium on negligence and want of proper diligence in public offices. The State in not entitled to special consideration in the matter of condoning of del...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....orks and may put restriction on certain persons. There is no compulsion to allow each and every person to participate in the Works and the restriction on the ex‑employee of the Board was put in the public interest. He also submits that the petitioner is not a person aggrieved and cannot file the p...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....hul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March, 1982 as Chief Martial Law Adm......n, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of ..Category: Constitutional Law | Date: | Hits: 181
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