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....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......ondent No.5 instead of allowing the, petitioner to have a copy of the inquiry report, wrote to the District Anti‑Corruption Officer (DACO), Pabna, under Memo No.4‑Estt 26/80‑81/75 to take legal action against the petitioner and also to take him into custody for realisation of value of misappro..
Category: Criminal Law | Date: | Hits: 78
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......e Division in the aforesaid case, then the decision might have been otherwise. Mr. Asrarul Hossain may raise this question before the Appellate Division in an appropriate case in future for his satisfaction as to the interpretation of the aforesaid Bengali version of the Constitution. Since the Appe..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......d the requisitioned property shall vest absolutely in the government free from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order..Category: Property Law | Date: | Hits: 57
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......isting the same as vested and non-resident property. During the pendency of the suit defendant Nos.1 and 2 were also trying to recognize the tenants of the plaintiffs as their tenants. The cause of action for the suit arose on 27.09.1984 when defendant No.1 treated the suit land as vested and no..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......n money for sale of 1(one) bight of land to the defendant and thus, they did not take any step for registration of the sale deed, so, the earnest money stood forfeited. The plaintiffs had no cause of action to file the suit and as such, the same was liable to be dismissed. 5. On conclusion of hea..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......allowed at any stage of the suit. He further submits that mere change in the relief claim and proposed amendment will not change the nature and character of the suit and no question of fresh cause of action will arise. No one to oppose the Rule. 8. As for myself I have gone through the record ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ...... 1534 of 1999. Judgment Farah Mahbub J.- In this application under Article 102 of the Constitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction notice in the Daily Sangbad dated 22.4.1999 inviting tenders from..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......itten by Prof. Wahiduddin Ahmed, Moha Sachib, Bangladesh Diabetic Association (presumably respondent No.4 or 5) who is also an officer of the Bangladesh Diabetic Association. Therefore, the orders or actions of the aforesaid employees of the Bangladesh Diabetic Association cannot be called in questi..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......g forum, with wrong grounds and there was no error apparent on the face of the record for the court to review. Yet the petitioner appellant persisted to prosecute in the wrong forum and for his wrong action he cannot be allowed to be profited and may not be granted the privileges as under section 14..Category: Procedural Law | Date: | Hits: 111
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... 8. The High Court Division allowed the appeal, set aside the judgment and decree passed by the trial court making observations to the effect mainly that the plaintiff did not plead about cause of action and also could not prove the same that the plaintiff did not state any thing as regards plo..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ...... law to do. He further submitted that the finding of the Labour Court: "In depositing the solenoid valve on the date of survey keeping the same with him for 5/6 days is not a criminal or mala fide action on his part as contemplated u/s 17(3) of the Standing Orders Act." is erroneous and contr..Category: Labour and Industrial Law | Date: | Hits: 172
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......and has become vested property. The apprehension that the land will be taken by the vested property authority appears to be so vague and remote that such apprehension cannot give rise to any cause of action for the plaintiff to get any relief, particularly when the plaintiff has been owning and poss..Category: Civil Law | Date: | Hits: 76
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......ed relief is proviso to section 4 (2) of Administrative Tribunal Act, 1980 (Act 7 of 1981). The proviso referred above reads thus: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority under any law..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......s to exercise their powers as elected Chairman for the unexpired part of their tenure of office. It was the further case of the petitioners that the impugned Ordinance was passed without any satisfaction of the President or of the Prime Minister or of the Cabinet as to the existence of circumsta..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....f or for any Breach of Duty to Breach of Contract on the part of the Owner, Master, or Crew of the ship, unless it is shown to the Satisfaction of the Court that at the Time of the Institution of the Cause any Owner or Part owner of the Ship is domiciled in England or Wales: Provided always, tha......neral Average Act and as such this Court has no jurisdiction to entertain and try the present suit in its Admiralty Jurisdiction. In a word, the prayer of defendant No.1 is, that there is no cause of action for institution of such a suit and a suit for such a declaration does not come within the pur..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......t if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary to do so make an order directing that such person be detained. So the satisfaction of the Government should precede the order of detention which means that all materials are to..Category: Criminal Law | Date: | Hits: 81
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......he suit by filing a written statement denying all material allegations made in the plaint and contending, inter-alia, that the suit is not maintainable in its present form and there was no cause of action for the suit. The case of the defendants, in short, was that the suit land was acquired in 19..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... cases. The trial court, on consideration of those evidence, dismissed the suit of the plaintiff holding that the plaintiff could not prove the offer, acceptance, settlement of price and cause of action for the suit. The trial court made observations also that the plaintiff practiced fraud upon ..Category: Property Law | Date: | Hits: 74
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......974 till his service was terminated on 8.8.1985. While he was so serving a show cause notice was served upon him on 24.7.1985 asking him to make reply thereof within three days as to why disciplinary action should not be taken against him. The petitioner made reply to the said show cause notice on 2..Category: Labour and Industrial Law | Date: | Hits: 148
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......r which a vested right has been created in favour of the petitioner cannot be taken away acting under the amended second proviso to section 4 of the Act. In elaborating his submission he says that if action is taken under the said provision of law it will create chaos in administrative system of the..
Category: Civil Law | Date: | Hits: 83
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