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.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
...... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......he same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......endency of the IRO Case no order of termination or dismissal could be passed against a worker as provided under section 47 of the Industrial Relations Ordinance. He further submitted that IRO Case in question was not in respect of any industrial dispute and, as such, section 47 had no application du..
Category: Labour and Industrial Law | Date: | Hits: 156
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
.... entered into an agreement for sale with the petitioner on July 11, 1991 and received Taka 1,50,000.00 as advance money out of the consideration money of Taka 8,00,000.00 and the petitioner was given possession thereof. The Government ultimately registered the property in favour of opposite party 1 ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......oli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. Result: The petition is rejected in limine. Lawyers Involved: Md. Fariduddin Md. Reza, with Md. Babor Ali, Advocates ‑ For th......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......ation Council shall (a) pay immediately the entire amount of the dower, whether prompt of deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue and (b) on conviction upon complaint be punishable with simple imprisonment which may e......rrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......int case acquitting accused-respondent of charge mounted against him has been challenged by complainant-appellant on presentation of this appeal under section 417(2) of the Code. 3. The kernel questions surviving for resolution in this appeal are: i. Whether conviction and sentence were re..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....owning and possessing his share executed a Heba-bil-Ewaz deed for 0.44 acre of land of Plot No.5 dated 18.06.1974 in favour of Misir All, Mohammad Ali and pre-emptor petitioner Abdul Mannan delivered possession. Tamizudding died leaving behind one son, Vendor opposite party No.2 Nabir Hossain, on......ellaneous Case No.54 of 2000 in the 4th Court of the Senior Assistant Judge, Narayangonj for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that the land covering an area of .56 acres of Plot No.1 and 0.24 acre of Plot No.2 of Jangalia mouza origina......gly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......he appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......als by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this comm..Category: Employment/Service Law | Date: | Hits: 149
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......r his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......al Gazette on 27.2.1992 and the election petition was filed before the Election Tribunal on 31‑3‑92 i.e. within 33 days from the publication of the result in the official Gazette. 23. The main question that falls for determination is whether the amendment small take effect retrospectively or ..Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......d.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......ng under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide the question on affidavits:
Provided that where the Court deems it just and expedient, it may set dow..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....plaintiff and that he was not a defaulter and defendant No.2 alleged that he wits not it all a sub‑tenant in the suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not maintainable against hi......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......; Abdul Hamid Khan and others Vs. Tridipi Kumar Chanda and another, AIR 1953 (Assam) 104; Hemanta Kumar Vs. Ayodhya Prasad, AIR 1957 Madhya Bharat 95; Ratan Chand Gai Gopal and others Vs. Mian Saifuddin and others, AIR 1961 (JK) 29; Belayat Hossain Vs. Nurul Alam Mir and others, 42 DLR (AD) 20; Chan......ession from the real owner and he has valid right, title and possession in the same and he is or was never a tenant or sub‑tenant in the suit-premises at all as alleged and that in the SCC suit the question of title could not be gone into and property decided and hence he has instituted the presen..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... the time and in the manner as alleged by the prosecution. That Mahinur was then about aged about 15 years also stood proved by the evidence of the doctor, P.W.3 who examined her. 7. Therefore the question before us are (1) who were the other accuseds abetted Bazlu in kidnapping Mehinur and (2) w..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......ignorance or due to his callousness signed the Judgment as Special Tribunal. But the accused‑appellant has riot been prejudiced in any manner whatsoever. So on this ground alone there cannot be any question of the trial to be vitiated for want of competence. 7. In the charge framed against the ..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ...... Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......in is changed from time to time by the Parliament through passing Finance Act. None of the parties could produce before us anything to show what was the statutory rate of customs duty of the goods in question under HS Code mentioned in the first schedule of the Customs Act at the relevant time. But ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......: J. K. Paul - For the Appellant. Md. Shahidul Islam Khan - For the Respondents. First Appeal No.250 of 2002. Judgment Siddiqur Rahman Miah J.- This application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure arises out of FA No.250 of 2002 between pla......ng allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." 17. Main contention of the plaintiff appellant is ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......thout any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......e certification on the completion of work and that certificate would be the conclusive proof of completion, adding that in no far as no such certificate had been issued by the said designated person, question of arbitration proceeding was but a still born one. 7. Mr. Ahmed also took us though the..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......s and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ...... Chairman of the ACC is not one in the service of the Republic, and the starting point of error of the petitioner in developing the incorrect contention through the writ Petition lies in assuming the questioned office to be one in the service of the Republic, and that's why the petitioner has made m..Category: Constitutional Law | Date: | Hits: 228
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......one year. The saw Mills went into full swing operation from the beginning of 1990. That following the issuance of license the petitioner invested about Tk. 10,00,000.00 among others in developing the land, buying and installing machinery and constructing saw Mills office. 3. The petitioner has fu......y, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ad Office in Dhaka. Subsequently, the petitioner took training at home and different internationally recognized Hotel and Tourism Institutions in different countries, such as, Austria, U.K. Italy, Ireland, Spain and Switzerland. The petitioner had participated in different international fairs and pr......ck wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......on of the Union for the next term by filing cases. The transfer, promotion and other administrative decisions were taken by the authority for the interest of the Corporation and the same could not be questioned by any employee like the petitioner irrespective of his self-declared position as preside..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......d. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......the decree of Artha Rin Adalat had been challenged in the suit. 4. Feeling aggrieved, appellants preferred this appeal before this Court. 5. The fate of this appeal hinges on answer to the core question which is, whether the decision of rejection of plaint by Artha Rin Adalat warrants any inte..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ich is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ry prisoner are eligible to Division-1 status. This classification will be done by the trial Courts, District Magistrate, Chief Metropolitan Magistrates or Session Judges, as the case may be. Now the question is whether the respondents are entitled to such status since they have been shown arrested ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......tition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......t execution case started running afresh from the date of promulgation of this new Ain of 2003. But we are unable to accept this argument of the learned Advocate for the respondent bank. The decree in question was passed long before in the year 1991 and thereafter 3 execution cases were filed one aft..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... also found that the plaintiffs in the instant suit could not prove their title as the geneology did not appear to be correct. The trial Court also found that the plaintiffs had failed to prove their possession. The trial Court therefore decreed the suit declaring that the decree in Title Suit No.56......ila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, Bipin Behari Somadder, Moni Mohan Somadder, Aswani Kumer Somadder, J......s discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......rt Division held: "When a decree adversely affects a person not a party to the same he may file a suit for declaring decree not binding on him and get the same set aside if found, illegal." The question involved in the Rule of that case was whether the Court of appeal below was justified in ho..Category: Civil Law | Date: | Hits: 130
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