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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by 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) 597.......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947 by plaintiffs' predecessor Md. Rawshan Ali Shaikh ..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......o found that recounting was done by the Tribunal illegally, and that there was no polling at the two centres of Mirzapur High School and Mirzapur Union Parishad after 3‑00 PM, committed an error of law in dismissing the election petition and not ordering re‑election in these two centres. 6..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......with a view to his taking an action under CrPC that some persons whether known or unknown, has committed an offence, but it does not include the report of a police officer. That being the position of law this appeal is also incompetent under section 417A(2) CrPC. For the reasons stated above, ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589........ Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this judgment. 2. The facts whi..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......unt and brother of the aunt and her mother told that accused had caused the injury. She was examined by the police. She admitted in her cross‑examination that Abul Kalam Azad was her brother‑in‑law. On 16.12.88 her sister Konok wrote a letter to Azad. She cannot remember that Abul Kalam Azad w..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......lication under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and c..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......nd Mr. SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said J..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......some material papers including statements of some of the accused made under section 164 of the Code of Criminal Procedure and their statement of retraction and subsequently limiting number of defence lawyers for this accused. 3. The learned Advocate for the petitioner has agitated three points na..Category: Criminal Law | Date: | Hits: 121
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94....... reconveyance of the property transferred under a registered document the respondent 1 acted without the authority in making the impugned order. Secondly, respondent 1 illegally upon misconception of law passed the impugned order. Thirdly, it is not necessary that the instrument for reconveyance mus..
Category: Property Law | Date: | Hits: 95
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......evision No. 3670 of 1991. Judgment Kazi Ebadul Hoque J.- These two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two diff..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......ers that the learned Munsif, has acted beyond his jurisdiction in passing a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For apprec..
Category: Property Law | Date: | Hits: 119
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.......he abatement do not constitute a sufficient cause for setting aside an abatement under Order 22, Rule 9 (2) of the Code of Civil Procedure and as such the learned Munsif has committed an error of law in allowing the application. Mr. M. Shamsul Alam has, on the other hand, submitted that the lear..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.......ar, Joint Stock Companies to accept the return filed by Sylhet Pulp and Paper Mills Ltd., petitioner No.2 of its third annual general meeting held on 30.12.1984 should not be declared to be without lawful authority and why they should not be directed to accept the same.
2. The petitioner No.1 B..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....to the deprivation of the right of the petitioner to remain in service till expiry of age of 57 years. Again, the right conferred under the amended Regulation No.11 cannot be taken away by subsequent amending SRO: 56-L/84 of February 5, 1984 retrospectively, more So, so in view of subsequent framing......aka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constit..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.......of dismissal. This order is at Annexure‑G to the writ petition.
3. The petitioner challenged the impugned order of dismissal and the subsequent decision of the Board as being illegal and without lawful authority being in violation of Regulation 12 of the Regulations, 1979 and being aggrieved by..
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.......d of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or wit..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....... 115(1) of the Code of Civil Procedure. 12. Mr. AJ Mohammed Ali, the learned Advocate appearing for the plaintiffs‑appellants petitioners has submitted that the learned District Judge erred in law in rejecting the application dated 9.11.91 under section 151 of the Code of Civil Procedure whic..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......., correctness or validity is beyond the reach of jurisdiction of Courts." Gojendragandkar CJ at para 25 of the report dealt with the argument advanced by the Attorney‑General that the "approval" in law amounts to decision under Article 217 (3) because it satisfies all the requirements of the said ..Category: Criminal Law | Date: | Hits: 111
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