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....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
......how 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 Samabaya Samity Limited had been......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
..
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
......all the petitions.
15. Respondents do not deny the Government policy to use locally manufactured single phase electric meters by the consumers. They contend that the said policy is applicable in case of the consumers who get new connections and not applicable in the case of old consumers who ha...... 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
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 ......ility created by the said election law is to be enforced through the Election Tribunal created under the statute which has given no right to the voter to challenge the election of a candidate. In the case of Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137 it has been observed as follows: .............ub article 2(b)(ii) of Article 102 requiring him to show under what authority he claims to hold that office. It is well known that the jurisdiction under the aforesaid provision amounts to what in England used to be known as prerogative exercise of the writ of quo warranto." 9. In the said..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
......given to the respondent Nos.1‑3 to withdraw/cancel the said order dated 10.6.90 forthwith or such other or further order or orders passed as to this Court may seem fit and proper."
2. The case of the petitioner is, that he was appointed as Inspector of Customs and Excise under the Nation......
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
..
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 ......gned order is not at all 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 tha......itle Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permanent injunction against the defendants. Subsequently the def..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
......he lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said case it has also been held that unless the lessee has violated any condition the Government cannot a......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
....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.
......o have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitioner (Rupali Bank)......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)
....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 ......written statement wherein he denied all the material allegations made in the plaint and contended, amongst others, that the suit was hit by principle of estoppel, waiver and acquiescence. 4. His case, in short, was that he made improvement and extension of the suit premises at a cost of Taka 7,......ortnight after the refusal of the money order though he subsequently sent the arrear rent by 3 money orders which were all refused by the petitioner as before. Under the Transfer of Property Act, the landlord has a right to terminate the tenancy by giving a notice to quit on the tenant in the manner..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....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....... the relevant Banks have been asked to bring down their dues to a satisfactory position within this period for being able to enjoy the banking facilities according to the terms and conditions of each case.
8. It has already been stated that the Banking Companies Act, 1991 (Act No.XIV of 1991) has......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
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. ......ner not, an obligation has been imposed upon it. The fact that the petitioner was all along associated with the award‑making process does not make it an "aggrieved person" and the present case is definitely not public interest litigation. The petitioner is not espousing the cause of a do......that is litigation at the instance of a public‑spirited citizen espousing causes of others, has been facilitated by the absence of any constitutional provision as to who can apply for a writ. In England various texts were applied. Sometimes it was said that a person must be aggrieved" or he m..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....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. ......statement denying the plaintiffs claim alleging, inter alia, that the suit is not maintainable and that there was no contract between him and the plaintiff for the sale of the suit land. The specific case of the defendant was that the relationship between the defendant and the plaintiff was very str......eading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favour stating that the suit land ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......pondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
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. ......aring this application by his order dated 7.5.90 rejected the same prayer on a finding, inter alia, that there is a kabinnama showing marriage of the girl with the accused out of her free will and in case of kidnapping offence committed if the victim girl is below 16 years of age and, as per prosecu......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
....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.
......o. 398 of 1989.
Judgment
Md. Abdul Jalil J.- This Rule calls in question a judgment and order dated 23.2.89 passed by the Court of Settlement in Case No.1043 of 1987.
2. The petitioner’s case is that she filed a case, under section 7 of the Abandoned Buildings (Supplementary Provision......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.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......peal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), Section 30 Whether the High Court Division failed to exercise his discretion justly and properly in refusing bail in a case where the sentence is of a short duration. In the present case the sentence is of two yea......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
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. ......rdingly, the matter was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged information wit......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. ..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. ......om house of Muslim, father of victim girl Sumati in respect of which Muslim, father of victim Sumad Begum earlier lodged a First Information with Moulvibazar Police Station on 3.8.88 the said police case was subsequently numbered GR case No.86 of 1988 of the Court of Upazila Magistrate, Moulvibazar...... 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. ..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 ...... relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would be binding except in cases of fraud, gross mistake on his part, as would imply an act of bad faith or failure to exercise......physical/chemical I test, to be carried out at the Bangladesh Standard and Testing Institution, Tejgaon. In case of difference in specification and size between the contractual specification and post landing analysis report, both the buyer and seller may jointly nominate and appoint an inspection ag..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. ......ave been made without any lawful authority. 2. It may be mentioned that the petition was filed and the Rule was issued after the petitioner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk......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. ..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. ......it No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria District Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Am......e, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The petitioners instituted OC Suit No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria Distr..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
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