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Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....11.81 and further proceedings in the matter was also stayed by this Court. 3. Mr. B.N. Chowdhury, the learned Counsel appearing for the accused petitioner has submitted that in view of the clear provision of the Village Court (Amendment) Ordinance, 1979 the jurisdiction to try the alleged offen......thout due care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and section 529 of the Code cann..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......otindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..Category: Procedural Law | Date: | Hits: 118
....ed during pendency of the IRO Case No.43 of 1989 to give the respondent No.2 a lesson for instituting the case and during pendency of the Industrial dispute such action cannot be taken in view of the provision of section 47 of the Industrial Relations Ordinance though the IRO Case in question did no......g upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing th..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
.... were canvassed before Privy Council but it saw no useful purpose in examining the long list of decisions. Observing that the answer to the question in issue would depend upon the construction of the provisions in The Code of Criminal Procedure. Privy Council noticed sections 404, 410, 417, 418 and ......s Court in exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, heard the appeal in..Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....the finding that the heirs of deceased-opposite party No.4 Khaitun Bibi have not been substituted by the petitioner, this finding of the appellate Court below is erroneous and contrary to the amended provision of Order 22, Rule 4 of the Code. In view of the above, we find no substance in the subm......-emption is liable to be dismissed. 4. Mr. Abdus Salam Khan, learned Counsel, appearing for the petitioners submitted that the lower appellate Court as the last Court of fact committed no error of law in passing its judgment and rightly rejected the pre-emption case reversing and setting aside th..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....memo dated 11.05.1978 and 3.2.1981 promoted 57 and 74 officers, respectively from Class-II to Class-I posts Bangladesh Civil Service Recruitment Rules (BCSR) came into force on 1.1.1981. It contained provisions for 10% quota for promotion from Class-II posts. After introduction of BCSR the Ministry ...... 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 common judgment ..Category: Employment/Service Law | Date: | Hits: 149
....which was not at all sufficient for giving proper reply; then on 5.6.96 the Chairman of petitioner No. 1, on the basis of the inquiry report, dismissed the respondent from service in violation of the provisions of Rules 7(5), 7(6), 10(2) and 10(8) of the Government Servants (Discipline and Appeal) R......e present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can not be sustained in law………………………………………..(6)
Case Referred to-
Chairman, Bangladesh ..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....al for non-compliance of the order as being not maintainable under Section 32 of the Ordinance for non-delivery of office. The impugned order was passed by the learned Additional District Judge under provision of Order VII Rule 11 of the Code of Civil Procedure, which providing for rejection of the ......by the petitioner. 4. Mr. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The learned Adv..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... Rule. 10. Mr. Hasan Foez Siddique, the learned Advocate appearing on behalf of the petitioner, submits that both the Courts below rightly found that the opposite party No.1 was a defaulter as per provision of section 7(2)(g) of the Local Government (Union Parishads) Ordnance, 1983, right up to t......ons made in the petition and asserting that he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules..Category: Election Law | Date: | Hits: 301
....991. Title Suit No.99 of 1992 was filed by the plaintiff for a declaration that the award dated 21‑9‑91 filed in Arbitration Misc. Case No.71 of 1991, being not an award as contemplated under the provisions of the Arbitration Act or the agreement between the parties, is illegal, null and void, i......laintiff and could not be made a Rule of the Court. The defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejecting the plaint on the ground that it is barred by law and consequently not maintainable and the learned Subordinate Judge under the order dated 30‑1..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....ollows in para 18. "That the Courts have inherent jurisdiction to issue temporary injunction in circumstances not covered by Order XXXIX or by any rules under the Code. It is well settled that the provisions of the Code are not exhaustive." Again in para 43, it has been held that: "Inherent......isputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defendants and for compensation and the same has been upheld by the highest Court of the country but the law did not permit the SCC Judge to conclusively decide the question of title of the parties in the ..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....e deposition it appears that it was alleged by the prosecution that the breach of trust took place within a span of 3 years and, therefore, the charge as framed by the Court below is repugnant to the provision section 234 CrPC. The third contention is that the accused appellant was not properly exam......ion is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the same is vitiated by lack of competence and not following the legal procedure as l..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
.... him by way of additional charges and demurrages. The Rule is contested by the respondent Nos.2‑5 by filing an affidavit‑in‑opposition denying the material allegation and stating that under the provisions of section 30 of the Customs Act customs duty shall be computed on the basis of the impor......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. ..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. ......sated for by costs or other terms to be imposed by the order. It is submitted that the following observations of Batchelor, J. in the case of Kishandas Vs. Vithoba (1909) 33 Bom 644, lay down correct law. 21. All amendments ought to be allowed which satisfy the two conditions (a) of not working i..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. ......o heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petitioner to appoint an arbitrator, but to no..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....n) and that appointment has been challenged in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function ......s rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
.... Tk.11,533/- in his provident fund as well as owner of the landed property measuring about 0.70 decimals and as such, the petitioner is not entitled to claim him as a pauper as contemplated under the provision of the Order 33 Rule 1 of the Code of Civil Procedure. We have found further that the t...... notice that the petitioner is maintaining his day to day life by way of private tuition and as such, he is not in a position to pay the Court Fees and thereby, High Court Division committed error of law in affirming the order of the trial court. The learned Advocate further submitted that the Hi..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....lation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancellation/ recession/withdrawal of the impugned order. The provisions of Saw Mills License Rules, 1998 which is a piece of delegated legislation have been made......ugned letter and hence the petitioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancell..Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....the application without having the record of the arbitration proceeding before him. 7. Submission of M Samad on limitation appears to be correct. Article 181 of the Limitation Act is the residuary provision, which can only be invoked when no period of limitation is provided elsewhere in the sched......judgment making the award Rule of court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior Advocate for the appellant, submitted that the law barred the application of the plaintiffs as it was made long after the award was made on 15-10-1..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... disclose that the Ministry or appropriate authority has taken any decision that the post of Electrical Foreman has to be abolished. The order of termination has been issued in gross violation of the provisions of the Probidhanmala, 1990. The respondent did neither give any notice to the petitioner ......January, 2009 passed by the High Court Division in Writ Petition No.3109 of 2006). Judgment Md. Abdul Wahhab Miah J.- Facts involved in these two appeals though not exactly same, the points of law involved being common, they have been heard together and are disposed of by this single judgment..Category: Employment/Service Law | Date: | Hits: 156
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