Search Options
Judgment Advanced Search
Displaying 1981-2000 of 3734 results.
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......s did not accept the view of Denning, J. in Robertson case. The House of Lords in Howell's case disagreed with the view of Lord Denning, J. holding that there could not be an estoppel against express provisions of the law nor could the State by its action waive its rights to exercise powers entruste..
Category: Property Law | Date: | Hits: 92
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....ant of jurisdiction. 2. The plaintiff filed written objection on 9-12-2003 against the application for return of the plaint. 3. The contention of the defendant is that the suit being a suit for mandatory injunction, damage and compensation for non-taking of delivery of cargo from the container...... Admiralty Court being a special statutory jurisdiction and the same have been detailed in section 3 of the Admiralty Courts Act, 2000, any cause to be brought before the Court must come within the provisions of the law. Therefore, even if the plaintiff has any cause of action against the defend..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....dent No.2. 8. Mr. Moyeenul Hoque submits that the initiation of the criminal proceeding under sections 307 and 310 of the Bangladesh Labour Law, 2006 against the petitioners without exhausting the mandatory provision of section 33 of the said Law is illegal and without jurisdiction. 9. Mr. Md....... the impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be initiated without exhausting the provisions available in the Bangladesh Labour Law, 2006. 12. It appears that the respondent No.2 ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......t further appears that the complaint case, were filed before the enactment of Bangladesh Labour Act, 2006. So, the case filed before the enactment of Bangladesh Labour Act, 2006 will be guided by the provisions laid down in the Employment of Labour (Standing Order) Act, 1965. Be it mentioned here th..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....t of the Health Assistant in Pirojpur District there was vacancy of 27 post in Nazirpur Upajilla, where 30% posts is required to be filled by the sons and daughters of the Freedom Fighters which is mandatory but such Rule has not been followed by the respondents but filled up the posts by the gene...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....ge-175, the case of Ustar Ali Vs. State,reported in 3 BLC(AD), Page-53. 14. Mr. Reza Uddin Khan, also submits that provision of sub-section (3) of section 164 of the Code of Criminal Procedure is mandatory one and non filling of some column by the Magistrate is clear violation of the said law an......sion of an accused is to be recorded by a Magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. This provision of law along with provisions of section 364 of the Code of Criminal Procedure requires to be strictly observed and fol..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....d 17 others, reported in 1975 PLD (SC) 607, 609. Though the facts of the case are quite different but the principles laid down therein by their Lordships that "Provisions of section 103 CrPC no doubt mandatory and designed to guard against possible chicanery and concoction." 28. Mr. AQ Rashid Ahm......d raided without any warrant whatsoever‑Provisions of sections 96 and 98 violated." "No respectable witnesses of locality attending or witnessing searches and various raids conducted by police‑provisions of section 103 having been deliberately violated, recoveries could not be used against pe..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......ted both the prayers as the plaintiff did not comply with the Court's order dated 4.6.91 for payment of CP Costs. 9. The learned Advocate for the petitioner while making grievance that there is no provisions of law for awarding CP Costs on an application filed under Order 11 rule 4 of the Code of..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......al to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the directions of the Court and in default of any such direction according to the provisions of this Act so far as the same are applicable to such assets.
(2) Any order of Court m..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......re already pro-forma defendants in the suit, are entitled to proceed with the suit as heirs of the deceased plaintiff and that they made the prayer within time. 18. Mr. Khayer submits that as per provisions of Article 176 of the Limitation Act the instant suit has been abated after 90 days of th..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....ceeding and such failure of the pre-emptor to implead them in the application for pre-emption is a serious defect of party since impleading of a co-sharer, whether by inheritance or by purchase, is a mandatory provision of section 96 of the State Acquisition and Tenancy Act. 16. In this connectio......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......e higher administrative authority as the case may be. 15. It is the cardinal rules of interpretation that interpretation of any provision in isolation without taking into consideration the allied provisions is not permissible. 16. If the 3rd proviso is considered in isolation then the 2nd pr..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... and asking for refund of money was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being ..Category: Employment/Service Law | Date: | Hits: 58
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......rt’s limited inherent power of review, this is the only legal provision which confers power of review on civil Courts, that is, Courts of civil jurisdiction. There appears to be no rule, making the provisions of section 114 of the Code inapplicable to the High Court Division in the exercise of its..
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......or is it a judgment in rem, nor does it relate to a matter of a public nature. The existence of the judgment is not a fact in issue; and if the existence of the judgment is relevant under some of the provisions of the Evidence Act it is difficult to see what inference can be drawn from its use under..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......tated, inter alia, that the writ-petitioner No.1, TeaHung Packaging (BD) Limited (hereinafter referred to as the Company), is a private company limited by shares, incorporated in Bangladesh under the provisions of the Companies Act, 1994 (the Act). The Company was set up on 1st October, 1996 pursuan..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....s. It was legal and was passed with lawful authority. The question of serving a show cause notice upon Golam Azam as claimed does not arise because his ‘whereabouts’ were not known and it was not mandatory on the part of the Government to serve the notice upon the petitioner (Para 9). It is t...... birth in accordance with the provision of Article 2 of Bangladesh Citizenship (Temporary Provisions) Order, 1972 (PO 149 of 1972) that the impugned Notification (Annexure‑B) was issued against the provisions of PO 149 of 1972 and the provision of the Citizenship Act 1951; that the petitioner havi..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ecrees namely for specific performance, for restitution of conjugal rights or for injunction have been grouped together in sub‑rule (1) of rule 32, they being of similar nature. The first two being mandatory the other, namely for injunction, must be of similar nature that is mandatory injunction a......beys a decree of injunction he not only fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. The learned Advocate also submitted that the provisions of Order XXI rule 32(1) of the Code of Civil Procedure are identical with the provisions ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......y. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal charge. The orders of the Tribunal are in violation of the provisions of section 11(5) of the International Crimes (Tribunal) Act, 1973 (hereinafter referred t..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......involves many other administrative functions for which expertise is necessary and those matters are required to be considered when appointing the Chief Justice of the country. He pointed out from the provisions of the Constitution that there is no mandate for the appointment of the Chief Justice to ..Category: Constitutional Law | Date: | Hits: 228
54565453544954485446544154405438543754335432543154305428542554245420541954145413