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Displaying 1901-1920 of 2121 results.

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......stodian. This order was passed on 5.10.76. The appellant being aggrieved by the aforesaid order of the Joint Secretary moved the High Court Division under Article 102 of the Con­stitution. 3. The dispute centred round the question whether the vendors of the deceased appellant migrated from the t..

Category: Property Law | Date: | Hits: 58

Coal Controller, Govern­ment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)

....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......inate Judge, Dhaka praying for appointment of an Arbitrator by the Court on the ground that in respect of supply of certain quantity of coal of specific size and quality by a contract dated 18.5.89 dispute arose between the respondent and the petitioner but in spite of repeated requests and a for..

Category: Others | Date: | Hits: 90

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......terlocutory order could under this section be challenged, if the aggrieved party has not moved the High Court in revision, and if the order affects of course, the decision of the case. There is no dispute on this point, and this proposi­tion has long been laid down by the Privy Council on th..

Category: Others | Date: | Hits: 119

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......f 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title t..

Category: Property Law | Date: | Hits: 66

Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)

.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... the learned Advocate contends, remittance of the rent by Money Order without first approaching the landlord with "personal tender" is not contemplated in law. The learned Advocate, however, does not dispute that rent for the month of November 1987, that is, the month in which the premises was sold,..

Category: Tenancy Law | Date: | Hits: 71

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....2.4.90 calling tender by 23.4.90. On 14.4.90 respondent No. 8 offered to purchase the assets of the petitioner Company on payment of the entire dues of the Bank i.e. Tk. 24,94,333.00. The Bank by its resolution dated 17.4.90 accepted the offer of respondent No. 8 upon canceling the tender fixed on 2......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..

Category: Banking Law | Date: | Hits: 142

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 .......W. 15 as to the overall responsibility of the respondent. The learned advocate for the respondent therefore found it difficult to disown the ultimate responsibility of the respondent. There is no dispute that the amount of Tk. 15,508.52 was realized by 411 rent receipts but the same was not de..

Category: Criminal Law | Date: | Hits: 41

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......of 1993 from the said Judgment and order of the High Court Division. These appeals by leave have been heard together and will be disposed of by this common Judgment. 2. The background of the dispute involved in these appeals is that the Registrar of Trade Union, in brief, the Registrar reg..

Category: Labour and Industrial Law | Date: | Hits: 103

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......ts are worse than those noted in Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371. However, when the High Court Division decided to set aside the ex parte decree after finding that the land in dispute had been acquired long ago and due notification was made in the Gazette, and that the defend..

Category: Limitation Law | Date: | Hits: 271

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......n Ahmed, J.- In all these appeals by special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been rais..

Category: Election Law | Date: | Hits: 117

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......e real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were ­born of the wedloc..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......n in the suit land and he claims that he has right, title and interest in the suit land. It is the civil Court who can decide the right, fide, interest and possession in respect of any property in dispute. The Sub‑Divisional Officer may attach any land and appoint a receiver to manage such..

Category: Property Law | Date: | Hits: 81

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......dment of section 20 by Ordinance No. XII of 1960, and the decision in 15 DLR (SC) 139, the appellate court held that the plaintiff is not entitled to get declaration of his title in respect of the disputed plot where the cattle market sits. After finding that it is not possible for the court to ..

Category: Property Law | Date: | Hits: 64

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ondent contended that the appeal has not been properly constituted as some par­ties who were before the trial Court and the High Court have not been impleaded in the present appeal. There is no dispute that the parties who will be affected by the judgment of the Court are on record and the p..

Category: Property Law | Date: | Hits: 50

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......he second de­fendant acquiesced in the proceedings before the learned Subordinate Judge and as such the first defendant's application for stay of the suit was rightly dismissed, since the same dispute could not be permitted to be adjudicated upon in two different forums. 7.Thoug..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......o been prescribed by any other article of the Collaborators Order. This void has been sought to be filled up by clause (1) of article 8 quoted above. 9.  It was not, as it could not be disputed be­fore us that the power of the High Court Divi­sion to direct release of an accu..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... 36. The learned Attorney‑General has drawn our attention to the following observation made in that majority decision: Izhar Ahmed Vs. Union of India AIR 1962 (SC) 1052 (1065): "Now, it is not disputed that according to the laws prevailing in Pakistan a person is not entitled to apply for or ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......0(1) is applicable to the school. The Board contended that an order in favour of forming a Committee under Regulation 4(1) was obtained in 1986 by misleading the Board officials. 5. Central to the dispute is the question as to which of the Regulations, Regulation 4(1) or Regulation 20(1), will ap..

Category: Property Law | Date: | Hits: 86

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in ..

Category: Property Law | Date: | Hits: 130

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01   ......impugned orders of the CMLA passed in review, it is necessary to reiterate the position in law which is, fortunately, already settled and the learned Additional Attorney‑General has not also disputed the same. Paragraph 19 has been added to the Fourth Schedule of the Constitution under Art..

Category: Constitutional Law | Date: | Hits: 174