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Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... meritorious and unblemished service record, save and except those who are still at the entry level post and whose promotion has not become due yet. The petitioners are and were at all material times holding the posts of Member/General Manager, Director, Divisional Engineer, Sub-Divisional Engineer ......r such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are as follows:- The petitioners joined the services of the Government of Bangladesh as officers of BCS (Telecom) Cadre on various dates between 1979 and 2008 af..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....ts stated in their written statements that the alleged bainapatra upon which the suit has been instituted is false, fabricated and antedated and the plaintiff has not gone into possession of the suit holding in pursuance of the same and it is the defendant‑petitioners who are in possession of the ......he defendant No.1 and the present petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after the execution of the bainapatra dated 25.2.87 by the defendant No.1 in ..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....a portion of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who died leaving...... of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who died leaving a son Ne..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... he was given a notice on 6.5.84 directing him to appear before the Enquiry Committee on 19.5.84. He appeared before the Enquiry Committee and after recording statement the Committee submitted report holding him guilty of the charge. Thereafter he received a letter dated 29.5.84 by which he was dism......or better treatment. He was under treatment of Doctor G Kabir who initially advised him rest for 10 days which was communicated to the petitioner on 13.4.84 in time. The respondent No.2 having not recovered from his illness, sent another medical certificate together with an application for extension..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....e party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two monthly tenants; that her husband died and she became a widow with her 2 daug......ide of the vendor. Thereafter on 25.2.89 he filed his other documents in original by a firisti along with their photo copies stating, inter‑alia, in the application that these documents were handed over to him by the vendor defendant No.1 Nihar Bala and accordingly he handed over them to his advoc..Category: Procedural Law | Date: | Hits: 76
.... voluntarily on 6.12.90 and the chronology of political movement would show that the detenu had to resign due to political agitation launched by the people for restoration of democratic right and for holding a fair and free election under the neutral Government; that during the tenure of his office ......Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir Abdul Baqi Baluch Vs. Government of Pakistan (20 D..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....not adduce any evidence to discharge the onus to show that the defendant No. 1 was a mere paper proprietor of the firm M/s Hakim Humuyun and Co and was a mere name lender the Court below erred in not holding that the defendant No. 1 was the owner and as such he had absolute right to transfer the sui......nsfer the suit property DIT by Memo dated 19.8.82 directed him to deposit Tk. 5,05,000.00 as transfer fee plus Tk. 909.00 as service charge. The defendant No. 1 asserted that on the next date he made over the said letter to the plaintiff to pay the said amounts to the DIT in terms of the contract wi..Category: Civil Law | Date: | Hits: 92
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....lief is not legally maintainable. The Joint District Judge without adverting to that aspect of the matter upon a superficial consideration of the evidence on record has erroneously decreed the suit holding that the Government is in possession of the suit property. In the premises, the suit as fr......preme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nu..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... Mahbubey Alam, learned Attorney General appearing for the petitioner submitted that the efficiency, neutrality and impartiality of the respondents as Upazilla Election Officers being necessary for holding an impartial Election and there having been allegation that they have allegiance to a part......Election Officers being necessary for holding an impartial Election and there having been allegation that they have allegiance to a particular political party, which allegation having not been controverted, the Administrative Appellate Tribunal erred in law in interfering with the judgment of th..Category: Administrative Law | Date: | Hits: 188
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....ncy. He also field that the claim was barred by limitation under section 10 of the Act. 5. The learned Advocate for the appellants first, submits that the Commissioner committed an error of law in holding that there was no relationship between the deceased Manu Mia and the opposite party M/s. Qui......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....s the objection was taken without disclosing any name an interrogatory was served on the said Opposite party who, in reply thereto, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exemption from a......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....of 20 years, notwithstanding the abatement of rent of such lands while section 87 recognised the right of a riparian owner to hold lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh ...... This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....Ltd. Vs. The Registrar of Trade Marks, Karachi and another PLD 1975 (Kar) 421. In that case it was held that trade‑mark was not used for 18 years beginning right from year of registration. Right in holding that trade mark was either not intended to be used or there was no bona fide use. In another......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....hahi." 8. We have examined the decision reported in 37 DLR at page 66 where a Division Bench of this Court has referred to the Privy Council decision reported in AIR 1936 Privy Council at page 253 holding that incurable defect cannot be cured by subsequent examination of the Magistrate. In that c......n and that if he does so, any confession he may make, may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true accou..Category: Criminal Law | Date: | Hits: 74
....e for the appellant, that section 44A of the Insurance Act is a bar on the payment of any claim in respect of any general Insurance business unless the loss has been surveyed by an insurance surveyor holding an appropriate certificate under that section, it may be pointed out that sub‑section (1) ...... as the mortgagee for a total sum of Tk. 38,00,000.00 in respect of the plaintiffs stocks, goods dyes, chemicals and other properties as mentioned in the said policy, that all the aforesaid policies covered "Riot and Strike damage" to the insured properties, that in the night between the 17th and 18..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....Misc. Case. He held that Misc. Case is barred by limitation. 5. The learned District Judge also held that the Misc. Case is bad for partial pre‑emption. 2.39 1/2 acres of land appertaining to 11 holdings have been sold by the pre‑empted kabala. The petitioner and the, vendor opposite party No......eir evidence, but he himself has not assessed their evidence at all. He has uncritically accepted the case of the OPs that the petitioner himself partitioned the case land and that there was a Salish over this matter. 17. True, the PWs admit that the OPs are in possession of the case lands but th..Category: Property Law | Date: | Hits: 78
....he physical inventory of the committee. It shows that there is erasement of two lines and by red ink some additions were made. In the addition portion, the signature of the Chairman was there. But no holding number of the aforesaid five properties have been mentioned. Only one plot number is tallyin......and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice iss..
Category: Property Law | Date: | Hits: 73
Idris and others Vs. The State, 1990, 19 CLC (HCD)
.... the complainant filed the application to the Upzila Magistrate who directed the Officer‑in‑Charge of Tangibari PS to inquire into the matter. The Investigating Officer submitted his report after holding enquiry. Thereafter charge sheet was submitted against the petitioners under sections 143/44......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....mination paper of the petitioner. The Chief Election Commissioner did not accept the submission of the learned Advocate for the petitioner that the Election Commissioner under their plenary powers of holding and conducting the elections fairly and properly under section 19 of the Local Government (U......mission of the learned Advocate for the petitioner that the Election Commissioner under their plenary powers of holding and conducting the elections fairly and properly under section 19 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance, 1982 can set ri..Category: Election Law | Date: | Hits: 112
....y No. 2, Factory‑in‑Charge stating that the allegations were not true and the allegations were motivated. Thereafter the 2nd party No. 2 constituted an enquiry committee against the 1st party for holding enquiry on the charge framed against him. The 1st party worker mentioned the names of his de......0. In the case reported in 32 DLR 265 (as referred to by the learned Advocate for the petitioner) it was held that the Rules on natural justice must be read in the context of the statutory provision governing a particular case and that the requirement of natural justice vary with the varying conside..
Category: Employment/Service Law | Date: | Hits: 89
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