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Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......his culpable negligence or lack of vigilance. Of course, that does not mean that the Court should readily accept whatever is alleged to explain away the default. I am in respectful agreement with the view expressed in that case. 8. Judging the facts and circumstances of the case in the light of t..Category: Civil Law | Date: | Hits: 121
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......spondent No.1 the Registrar of Joint Stock Companies. He has not admitted in so many words that he had refused to accept the return of the 3rd annual general meeting, but he has contended that in his view the 3rd annual general meeting ought to have been held latest on 05.10.1984. That meeting havin..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......tes that the Regulation relief by the petitioner is not applicable for the category of the workers like her and workers like cockpit crew, the cabin crew who enjoys certain benefits and privileges in view of their special category of services. But the petitioner being Flight Stewardess, her retireme..Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......state the petitioner, it subsequently rescinded its previous order illegally inasmuch as the Board had no authority to approve of an order of dismissal after it had been passed and given effect to in view of Regulation 12 of the Regulations, 1979.
6. Mr. Amirul Islam, the learned Advocate represe..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ment and Co‑operatives the Authority in its Board meeting held on 31.7.90 upon detailed consideration of the specific provision of Regulation 18 of the Regulations of 1969 and that having seen that view as was taken earlier by the committee as to absence of provision in the Regulations of 1969 as ..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......le Suit No.18 of 1983 with permission to sue afresh along with the withdrawal of the pending appeal which was the continuation of the suit, so the order dated 4.11.91 was required to be modified by review in the interest of justice. 10. It has been submitted by the learned Advocated for the plain..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... no foundation for framing of charge as mentioned above the proceeding is liable to be quashed. On the contention of Article 58(2) of the Constitution, the learned Judge, however, did not express his view although at the bar it was argued to have an opinion of the Court for the interpretation of Art..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......nue Office also submitted another photo copy of a Kabala. No.1742 wherein Amodini Dashi is vendor and accused petitioner No.1 is, the vendee and thereafter complainant opposite Party No.1 filed a Review Case under section 150 of the Tenancy Act before the Revenue Officer. Further on the basis of t..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge." 2. The Full Bench itsel..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......the learned Subordinate Judge has not passed an order under rule 34 of Order 21 on an objection to the draft document and, therefore, the impugned order dated 24.11.85 does not come within the purview of Order 43, rule 1(i) of the Code of Civil Procedure. 7. Mr. Meah Abdul Gafur, learned Advo..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ...... real question in controversy between the parties. The expression "at any stage of the proceedings" occurring in Order 6, rule 17 C.P.C. includes the proceeding even at the appellate stage. In this view of the law the Court is competent under rule 17 of the Order 6 C.P.C. to allow the plaintiff to..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......on raised by the learned Advocate leads us to examine the intendment of the lawmakers in inserting the period of 10 days. In our opinion the intention is to have a speedy disposal of suits. In this view of ours we are unable to put the interpretation on the expression 'may' that it means 'shall'..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......………………..........Since the cognizance in the present case was taken by the Special Tribunal on 16.5.78 i.e. long after Ordinance No. XL of 1977 omitting the Penal Code offences from the purview of the Special Powers Act, 1974 came into force on 23.8.77, the Special Tribunal had no juris..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......zette dated 12.6.86 declaring the petitioner as a member of the Parliament. Since the petitioner was elected as a member of the Parliament he ceased to be a Chairman of the said Upazila Parishad in view of sub-section (3) of section 6 of the Local Government (Upazila Parishad and Upazila Adminis..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......n record convicted the accused appellant as aforesaid and acquitted others. 6. Mr. A.K.M. Nazrul Islam Chowdhury, the learned Advocate appearing on behalf of the accused appellants submits that in view of the charge under sections 148 and 302/149, conviction under section 302 of the Penal Code is..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....eir predecessors' right, title, interest and possession and it is only when they do so establish that the question of mutation will arise. 30. It is well-established that a determination that is erroneous in law can be set aside if the error goes to jurisdiction or if the error is apparent on t......ministration in Appeal Case No.43 of 1983 by order dated 11.1.84 contained in memo No.VI-43/ 83/92-Appeal dated 24.1.84 (Annexure K) rejected the appeal. Under section 4 of the Board Act a right of review within 60 days of the order has been provided for but the respondent No.4 did not prefer any ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356....... and the Corporation may take action under Ordinance No. XXIV of 1970 for their eviction. 20. In spite of the aforesaid clear judgment of the Division Bench the Municipal Corporation now takes the view that notwithstanding the decision dated 16.4.80 in the earlier Writ Petitions the position is t..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ion of the appellant No.3 to cause disappearance of the evidence has not been established against her and the evidence of P.W.2 in this regard has not been corroborated by other witnesses and in that view of the matter conviction under section 201 of the Penal Code can not be upheld. 24. We have ..Category: Criminal Law | Date: | Hits: 101
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......ate appearing for the respondent No.1. submits that by no stretch of imagination the property in question can be treated as vested and non‑resident property in pursuance of VP Case No.11 of 1979 in view of fact that the relevant enemy property law has been repealed in the year 1976. During Indo‑..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......dvocate ‑ For the Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plainti..Category: Civil Law | Date: | Hits: 157
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