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AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....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. ......ode. 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the who..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....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.
......ause 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, otherwise known as extra‑..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......e obtained the instant Rule.
7. Mr. Fakir Abdul Mannan, the learned advocate for the petitioners, has pressed only one point. He submits that the learned Subordinate Judge has seriously erred in law in finding that prior service of the statutory notice was not a necessity, He takes me through t..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
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 ......nch to dispose of the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. ..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 ...... is, thus, contractual in nature and thus cannot be the basis of a cause 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 enf..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....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. ...... 2 opening the tenanted house of 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 Rahma..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....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: ......ers and documents. It does not appear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but err..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....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 ......o sell out the pledged goods i.e. the turbine pumps during the pendency of the suit and as such the application seeking permission from the Court for such sale is improper, illegal and incompetent in law. Nextly, the learned Advocate has submitted that the impugned order dated 12.5.90 is wholly bad ..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
......tion of section 40(c) (iii) of 1961 Act. Other cases cited by Mr. Bhuiyan are also on interpretation of section 40(c) (iii) of Indian Income Tax Act, 1961. As these decisions are on interpretation of law quite different from our law they are not of much assistance to us as the Income Tax Act, 1961 o..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 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 ......ns made in the plaint. It has been further stated in the written statement that the pro‑defendant No.3 the vendor is the uterine brother of the defendant No. 1, and defendant No.2 is the son‑in‑law of defendant No.1's brother; that when defendant No.3 sold out the suit‑laid to the defend..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......ct 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 was restored to the petitioner by an order of ..
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
......ling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Sa..
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
...... of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association of dealer..
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 ......o. 6 and published in the official 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 res..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
......lling upon the respondents to show 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 pray..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... The learned Advocate however goes on submitting that the plaintiff wanted to introduce some new facts though lengthy, only as a background of his claim which he tried to minimize or reduce by way of amending the schedule of the suit property and the said amendment has not changed the nature and cha......ll 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 circumstances of the case and the relevant laws. Hence, the same cannot be sustained in law. He has further submitted that the proposed amendme..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....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
......ed Memo No. Bhu: Ma: 7‑Netro‑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 Coâ€..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....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.
...... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban..
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 ......iving a notice to quit on the tenant in the manner prescribed under section 106 of the Transfer of Property Act. The Premises Rent Control Ordinance has made substantial encorachment into the tenancy law of the country for the purpose of protecting the tenant from ejectment from the tenanted premise..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
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