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....issued without 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: 51 DLR (1999) (HCD) 339.
......scharge or dismissal or termination from his service, as the case may be, unless a case in respect of such retrenchment, discharge, dismissal or termination of service is pending before any Court. In view of the provision, we are of the opinion that the respondent cannot ask the petitioner to vacate..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......tainable because after filing of the award by the arbitrator before the Court, the Court did not notify the present petitioner about same pursuant to the provisions of section 20 of the Act in that view of the matter being in the dark about the arbitration proceeding, making and filing of the awar..Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......f land and the petitioner is in possession of the rest. It is state that respondent No.4 entered into the said agreement in concurrence with and at the instance of the Government of Bangladesh and in view of the above facts it does not lie in the mouth of the respondents to say that the petitioner i..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......pears that the Title Execution case was filed in the Court of the Munsif Sunamganj and Title Suit No.57 of 1955 has also been filed in the Court of the Munsif Sunamganj which is the same Court and in view of the provision of Order XXI rule 29 the learned Munsif was competent to pass any order.” ..Category: Procedural Law | Date: | Hits: 178
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......ory cost of Taka 2000.00 awarded by the learned Assistant Judge who after payment of compensatory cost set aside the ex-parte decree and restored the original suit to its original file and number. In view of this admitted fact and the principle as enunciated in the above ruling, I am also constraine..Category: Procedural Law | Date: | Hits: 131
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......ed 30-7-79. The case of the defendant is that, he had been a reputed businessman of Dhaka and decided to sell the suit property in order to raise fund for enlarging his business and, with this end in view, he entered into a written agreement with the plaintiff to sell the suit property, the consider..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......cation of the Assistant Judges Courts by the Civil Courts (Amendment) Ordinance, 1983 (Ordinance No.II of 1983) which came into force on the 24th January, 1983. The learned District Judge, Bogra in view of the aforesaid amendment in the pecuniary jurisdiction of the learned Munsifs, now Assistant ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......er in pursuance of a report sent by the Deputy Commissioner (Annexures B and B1). 4. Thereafter the respondent No.4 filed an application before the Election Commission on 17.7.88 praying for a review of the decision of the Election Commission dated 18.6.88. The Election Commission notified the ..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......ving, the Martial Law does not leave a trail of disqualification. It is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. 10. In that view of the matter we are clearly of the opinion that section 7(2)(d) of the Ordinance does not refe..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......দন্তের সময়ের জন্য I.O. এর কোন আবেদনও নাই। The copy of the order of Upazila Magistrate, Bhederganj passed on 14.3.88 is annexure C. In view of the order dated 14.3.88 passed by the learned Sessions Judge directing further investigati..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......The lower appellate Court with regard to the statement of D.W.2 Mokbul Ali observed that in cross-examination the D.W.2 admitted that he could not say the name of the cultivators of the suit land. In view of the evidence on record as to possession the lower appellate Court carne to the finding that ..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....No.1 by means of undue influence is not sustainable in law. Mr. Sobhan further argues that the learned Judge has not taken into proper consideration the evidence on record and thereby arrived at an erroneous decision which needs be set aside. 6. Let us see whether the points raised by Mr. Sobha......is substantially met Here we must not forget the relationship of donor with that of donee. The relationship being husband and wife, the possession of husband may be the possession of the wife. In view of such relationship even if there is no express delivery of possession of the properties recit..Category: Property Law | Date: | Hits: 152
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......an accused person in a case under section 302 of the Penal Code, but in suitable and appropriate cases, this Court shall not hesitate to grant this privilege of bail to an under trial prisoner with a view to saving him from illegal and undue harassment. In any view of the matter the privilege of bai..Category: Criminal Law | Date: | Hits: 74
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......he aforesaid case I also hold that a miscellaneous case filed under Order 9 rule 9 of the Code is not a "proceeding" within the meaning of section 141 of the Code of Civil Procedure. 13. In that view of the matter Order 22 rule 10 of the Code of Civil Procedure cannot be attracted to a miscella..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......d minor children of deceased plaintiff No.2 ought to have been given a chance to protect their right in the suit property inasmuch as the heirs (present petitioners) of deceased plaintiff No.2, in my view, have given good, cogent and reasonable grounds in their application for addition of party. Con..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......trate not being the District Magistrate had no jurisdiction to revive the investigation of the case under section 167 (7A) Cr.P.C. The Sessions Judge, Mymensingh by his order dated 22.9.88 took the view that the order dated 5.6.88 passed under section 167(7A) Cr.P.C. by the Additional District M..Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474....... have restrained such a clear act done violating a clear provision of the law, in the observance of which law the plaintiff had an interest. 5. In the instant case the point at issue is whether in view of the admitted fact that certain construction is being done by a neighbour by not keeping ..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....2(4), not under Section 20(2), because the DM failed to dispose of her application within the stipulated sixty days period, yet the Board slipped out of the orbit in denying to itself jurisdiction by erroneously holding that the petitioner’s appeal before it was not maintainable, because the appel......t before the Board, did not invoke Section 20(2) of the Act because it was not her claim that a Declaration, previously authenticated in her favour, was subsequently rescinded. So, from that point of view the Board entertained a technical error. That said, however, we are to explore whether that err..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... to go on bail. 11. This Case has been appearing in the cause list for many days with name of the Advocate for petitioner. But when we take it up for hearing, no one appears to press the Rule. In view of its long pendency, we take it up for disposal and allow the Deputy Attorney General to make ..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......as Criminal Appeal No.17 of 1990. Subsequently it was renumbered as Criminal Appeal No.4786 of 1991, possibly on transfer from Barisal Bench, though the reason of such renumbering is not recorded. In view of its long pendency for more than twenty-one years, we take it up for disposal even in absence..Category: Criminal Law | Date: | Hits: 125
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