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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.......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.......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...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.......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.......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...
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.......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.......r states that recommendation of the then First Lady of Bangladesh had no legal sanction. It further states that the petition raises some substantial dispute of facts which cannot be, resolved in writ jurisdiction without taking evidence and the Rule is liable to be discharge. 6. Mr. Asrarul Hoss..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.......aid college, in its meeting held on 9.9.81 with effect from 6.8.81 and the respondent No.3 also asked the petitioner to show cause as to why he should not be dismissed from service for his continuous absence from duties and also for serving as a teacher of another college during his such absence and...... 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...
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.......rd 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 regards fixation of the seniority of the promotes......ard taken in its meeting held on 31.7.90 is arbitrary and mala fide and that also an act having no basis of law and, as such, the aforesaid actions of the respondent Nos.1‑3 are illegal and without jurisdiction. 3. Respondent Nos.1‑3 have riled affidavit-in‑opposition denying the material..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.......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.......he opposite parties as declaration‑ a) A declaration that the order passed by Defendant No.2 in EC No.15638 Law communicated under his Memo. No.780 Law dated 7.12.78 is illegal, void and without jurisdiction and has not in any way affected the authority of the Dargah Committee consisting of the..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....the charge under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) against the petitioner and other co accused. 4. The petitioner states that the charge‑sheets are based on total incorrect and false materials and the prosecution by suppressing vital information misled the ......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....... the question the learned Chief Justice observed "It is also clear that the decision of the President under Article 217 (3) is final, and its propriety, correctness or validity is beyond the reach of jurisdiction of Courts." Gojendragandkar CJ at para 25 of the report dealt with the argument advance..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.......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.......t of the prohibitory provision is the production in a court proceeding of a forged document by a party thereto. If a forged document is produced in a proceeding by a party the court will acquire sole jurisdiction to make a complaint if it is expedient in the interest of justice not only for the use ..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....nal cases. Sub-section (3) of section 9, therefore, cannot and does not extend beyond the trial jurisdiction of Courts of Session. Because of the very placing of this sub-section under Part II, it is totally and exclusively limited to trial jurisdiction. Part II of the Code is not concerned with app......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. ......7.11.83. A Division Bench of the Comilla Bench, comprising two of us, heard the Rule on 18.8.85, when Mr. Md. Ruhul Amin-II, learned Advocate for the petitioner, at the very outset challenged the jurisdiction of the learned Assistant Sessions Judge to hear and dispose of the revisional applicati..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. ......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. ......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. ..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....ifted land appertaining to Mogi Survey plot No.5514 which was not mentioned in schedule I of the original plaint. Mr. Das submitted that by seeking amendment in the aforesaid manner the plaintiff totally denied the defendant's case and the plaintiff in the garb of amendment of the plaint intro......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. ......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. ..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. ......in ten days from the date of framing issues' in rule 1. It is true that the word has been used therein but for mere use of such period we can not, in this case, hold that it is mandatory in nature in absence of any consequence resulting from failure to deliver the interrogatories within ten days. Mr......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. ..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. ...... 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. ......e petition that an appeal being special appeal No.19/87 was preferred under section 30 of the Special Powers Act beyond time, before the Special Appellate Tribunal but as the said Tribunal had no jurisdiction to condone the delay the petitioner had to withdraw the appeal on 19.7.87. He thereafte..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....85. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in the election the petitioner received in total 54,870 votes as against 8,749 votes received by the opposite party No.4. The result of the sai......tion for amendment of the election petition on 19.6.86 and allowed the same directing to amend the original election petition. 6. The election petition was taken up for hearing on 13.8.86 in the absence of the petitioner when 7 witnesses including the opposite party No.4 was examined and on 14.......titioner, the returned candidate. 9. Mr. Khandker Mahbub Hossain, the learned Advocate appearing in support of the Rule has contended that the Election Tribunal has acted illegally and without jurisdiction in allowing the application for amendment of the election petition after the statutor..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. ......charge against Suraj Pal for having caused death by means of a pistol shot, although he was specifically charged under section 148 I.P.C. for being armed with a pistol while engaging in a riot. The absence of specific charge against Suraj Pal u/s.307 and 302 I.P.C. was regarded as a very serious l......ge is permissible under law. 16. Section 423(1)(b) Cr.P.C. empowers the Court to (1) reverse the finding and sentence and acquit or discharge the accused or order a retrial by a Court of competent jurisdiction subordinate to such appellate Court or committed for trial or (2) alter the finding r..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....N 1) both issued by the respondent No.2, Deputy Secretary, Ministry of Land Administration and Land Reforms. 3. The petitioners' case is that they had their ancestral home on 2.65 acres out of a total of 5.80 acres of Khatian No.1358 of mouza Moulvi Bazar Town which comprises several houses, ta......s of an appellate and revisional body. It handed over those powers to the Board by a statutory amendment, without reserving any residuary power to itself to act as an authority of last resort. In the absence of any legislative intention investing the Government with the authority of a residuary powe......impugned order. 5. On 6.6.85 the petitioners filed an application before the respondent No.1 for setting aside the ex parte impugned order Annexure M on review on grounds, inter alia, of want of jurisdiction and palpable illegality. But by memo No.VIII-604/85/1054/ 1(2) dated 26.10.85 the res..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....tions of allotrhent. In 1971 1650 applications were examined and scrutinised by the Municipal authority who fixed rent at Tk. 12/- per sq. ft. for 454 plots to be allotted by way of lease and the total rent in respect of each plot was to be paid in 4 (four) installments. The allottees paid only ......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.......will "evict" them in accordance with law. The affidavit-in-opposition clearly asserts that the impugned notices are notices of eviction of trespassers. 17. The Dhaka Municipal Corporation has no jurisdiction and no authority to "evict" anybody. 18. In the affidavit-in-opposition of the res..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....onclusively find that those two persons voluntarily, intentionally and in calculated manner, caused the death of Lechu Bibi". The learned Advocate submitted that the learned Court based his finding totally ignoring the fundamental principle of criminal Jurisprudence and provision of section 101 of......t the appellants. The prosecution seemed to have banked on the evidence of P.W.3 who are the minor children of the deceased and P.W.11 Sirajul Islam who is the nephew of the deceased. The conspicuous absence of the names of the appellants as accused and the names of P.W.2 and 3 as witnesses in the b......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...Category: Criminal Law | Date: | Hits: 101
.....5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few months this Ram Chandra Paul died without exe......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.
......ing plaintiff instituted the aforesaid Title Suit for declaration of title and also for a declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash ..
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. ...... 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. ......on or to any Other Court is to be moved before a Division Bench and not before a single Bench. But in the instant case the order transferring the case has been made by a Single Bench. This is without jurisdiction unless such jurisdiction is given expressly by an order of a learned Chief Justice in a..Category: Civil Law | Date: | Hits: 157
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