Section – 13 (1) (d)
Removal of the Petitioner from the office of Chairman of Pourashava – moving a resolution of no confidence.
Resolution of no confidence against the petitioner was taken upon due compliance of law and since the resolution has been approved by the competent authority, the order of removal in respect of the petitioner removing him from the office of Chairman does not suffer from infirmity.
Mosharraf Hossain & Ors Vs LGRD & Ors 13BLT(AD)45
It is the consistent of this Division that Section 21 of the Pourashava Ordinance, 1977 is directory and not mandatory. It is within the province of the delimitation Officer to take into consideration distribution of population as far as practicable vis-a-vis the territorial unity and administrative convenience and variation of population alone cannot he a ground to render
invalid a report of the delimitation finally published.
Miah Lutful Hossain Khashru & Ors. Vs. Bangladesh & Ors. 8 BLT(AD)-284
Premises Rent Control Act, 1991
The High Court Division observed that law permits eviction from the premises for construction or re-construction according to section 18 (Uma) of Premises Rent Control Act, 1991. We are of the view that the High Court Division on proper assessment of the materials on record arrived at a correct decision and there is nothing to interfere with the judgment of the High Court Division.
Kishore Kumar Roy Vs. Md. Anwar Hossain & Anr 14 BLT (AD)15
Section —10 read with Section-18
We are of the view the High Court Division was in error in reversing the judgment of the lower appellate Court affirming the judgment of the trial Court on the view that as the landlord had hand over possession of the premises in suit upon receiving an amount more than one month rent as advance, landlord forfeited his right of asking the tenant to hand over possession on the ground of bonafide requirement or seeking redress under the law in case of refusal by the tenant to hand over possession on the ground of bonafide requirement of the landlord.
Mst. Jahanara Khatun Vs. Md. Nurul Islam 16 BLT (AD)175
Section -33 read with Premises and Rent Control Ordinance, 1963 Section – 18
Section 36 of the Premises and Rent Control Ordinance, 1963, which was in force on 7.8.80, provides that-”Nothing in his Ordinance small apply to any premises owned by Government.” Section 33 of Premises Rent Control Act 1991 also contains similar provision. So late Samsur Rahman having been inducted a tenant by the Government 7.8.80, the appellants are not entitled to seek protection under section 18 of Premises and Rent Control Ordinance, 1963 or section 33 of the Premises and Rent Control Act, 1991.
M/S. Jalil Brothers & Ors. Vs. Humayun Majid & Ors. 14 BLT (AD) 263.