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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....t the learned Assistant Judge has rightly kept the matter pending till final hearing of the pre‑emption case itself. I do not find any error of law on the face of the record resulting in failure of justice in the impugned order. In the result, the Revision fails. The rule is discharged with cos...... Opposite party No.1 filed Misc. Case No.40 of 1990 in the court of Assistant Judge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....hat the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring that the plaintiff is still in service under the defendants o......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....intained that, in passing the impugned judgment and decree the appellate court has committed error of the law and that has resulted in error in the impugned judgment and decree occasioning failure of justice, so the impugned judgments and decrees are liable to be set-aside and the suit be dismissed....... the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has also adduced and proved certain documents before the trial court which were marked as Exhibits-1 to 13.
3. The Defendant-Appellan..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... are three categories of Contempt of Court, (a) scandalisation of Court, (b) disobedience to the order of the Court or breach of undertaking given to the Court and (c) interference with the course of justice. In the instant case we are involved with the second category. A proceeding of contempt of C......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......inal.
Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;
(e) no Court fee shall be payable for filing or exhibiting of any complaint or document of any kind in the Court."
11. The respondent No.2 Abul Hossain also cannot get relief u..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......al Code was framed none of the prosecution witnesses deposed that this appellant Abdul Hakim committed any forgery. The evidence adduced disclosed that the cash memos and other papers are all genuine documents and when there is no proof of forgery no one can be convicted under section 467 of the Pen..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......by virtue of this purchase defendant acquired valid right, title and possession in the suit land. It is further case of the defence that alleged Bainapatra filed by plaintiff is forged and fabricated document inasmuch as Manada Sundari never executed it and that she did not enter into contract for s..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....cted the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have filled application under section 10 CPC before ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ed by Mr. Shahabuddin Ahmad the learned Advocate for the petitioner, that the, learned Subordinate Judge has committed a serious error of law resulting in error in his decision occasioning failure of justice, in passing the impugned order without complying with the direction of the appellate Court, ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....e felt by the Court itself after it has examined the evidence already on record and come to the conclusion that there is apparent and inherent lacuna or defect which hinders the due administration of justice. Additional evidence cannot be taken until the appellate Court has examined the evidence on ......among themselves and as such further partition of the land in suit is not maintainable. 6. The learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record, both oral and documentary, passed the decree in preliminary form. Plaintiff respondent was allotted saham of one a..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......t isthe further case of the plaintiff that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali vide Ext. ‘A’ is inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....te to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed an error of law resulting in an error in the decision occasioning failure of justice, the High Court may make such order in the case as it thinks fit." 8. By the Ord. No. XLV......isition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, title or interest i..Category: Property Law | Date: | Hits: 96
.... been issued without following the procedure laid down in the law and without giving the petitioner any opportunity of being heard is violative of the relevant law as also of the principle of natural justice and is, therefore, without lawful authority and of no legal effect. He points out that parag......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......and it has been clearly mentioned in the agreement that the contract shall be deemed to constitute a complete agreement between the parties thereto and shall supersede all previous negotiations and documents relating to the contract, that in the contract there is a provision for arbitration and ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ...... Procedure in respect of the following matters, namely: (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or a copy ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... 1986. It was further stipulated that the respondent No.1 shall pay all the dues of the Pubali Bank and shall get the mortgaged properties of the petitioner No.1 released and this property as well as documents will be given back to the petitioner No.1 by the respondent No.1. In this agreement there ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....that the passports of the petitioner have been revoked and/or cancelled without giving him an opportunity of being heard and in that the action has been taken in violation of the principle of natural justice. His further grievance is that no procedure having been made either in the Passport Order or......ferent intelligent agencies. The petitioner did not yield to such pressure. On 8.5.86 he got a valid Bangladeshi International Passport. On 6.11.86 he left Dhaka for London with the said valid travel document for arranging medical treatment for his left leg. While in London he issued different state..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....tituted. For all these reasons I am of opinion that the suit as framed was not maintainable and the courts below committed an error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit of the plaintiff. 7. The Rule is accordingly, made absolute and the......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
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