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Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......le 117 of the Constitutions. As such, the present petitioners as being the employees under the Ministry of Education cannot invoke writ Jurisdiction, in relation to upgradation of their pay scale. In view of the above discussion we are of the view that writ petition is not maintainable. In the re..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... holding no sanction is required before filing a case under the Act and also on the point that a case cannot be quashed unless cognizance has been taken by the Court having jurisdiction we are of the view that both the points apply adversely in the instant writ petitions. 11. It has been argued t..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......ailure of justice in their Judgments and decrees. In fact, they ought to have instructed the plaintiff to amend the plaint by narrating the mode of acquisition of title of Zitu Begin the suit land in view of the CS Khatians as filed by her. Therefore, the impugned Judgment and decree and those of th..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... such negligence, the defendant was not entitled to the relief prayed for under Order IX, rule 13 of the Code of Civil Procedure. Considering the facts and circumstances of the case, I am also of the view that such a gross negligence on the Part of the petitioner-defendant should stand in the way of..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......respondent also submits that the impugned order passed by the learned Judge of the Adalat is based on the materials on record. He further submits that the instant writ petition is not maintainable in view of the provisions of section 41 of the Artha Rin Adalat Ain, 2003 and as such, the rule is liab..Category: Civil Law | Date: | Hits: 157
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......te, which is gross violation of the principle of the natural justice in the case of Advocate AM Zia Habib Ahsan Vs. Chittagong University reported in 12 BLC 679. Wherein their lordships held that "In view of the findings that (1) the notices dated 1-3-07 calling and convening the Syndicate's Extraor..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......n has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass any order in their aid. This view finds support in the decisions reported in Anti-Corruption Commission Vs. Md. Hossain 61 DLR (A..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......in the name of the plaintiff’s husband. One Tarapada filed a suit for rectification of the record in respect of the suit land and the plaintiffs being aware about the suit filed another suit with a view to harassing the defendant and as such, the suit was liable to be dismissed. 4. The trial C..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......998. 4. This appeal has been appearing in the cause list since 4.4.2011 i.e. six days before starting of vacation. Yesterday it was taken up for hearing but no one appeared to press the appeal. In view of long pendency of the appeal, we took it up for disposal. However, Ms. Rona Nahrin, learned A..Category: Criminal Law | Date: | Hits: 101
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......or vehicles from foreign country and the Customs Authority directed for assessment of the said vehicles on the basis of CRF certificate. Therefore, respondent No.1 preferred an application to the Review Committee against the said assessment order. The Review Committee on hearing the parties direct..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......te any further action against him but the authority dismissed his appeal on 19-10-1994; that the plaintiff on 27-9-2006 filed a revisional application before the Chairman, Board of Directors, for review of the order dated 5-7-1994 and 19-10-1994 but the defendant No.1 did neither replied nor passe..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... Adalat is possible during pendency of an execution case under section 38 of the Ain. Be that as it may, for filing any application before the Bank no permission is required from this Court. In view of discussions made in the forgoing paragraphs vis-a-vis the law, we find no merit in this rule..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......s the present case. It is to be mentioned that the learned Subordinate Judge did not come to any definite finding as to whether the defendant No.1 was younger or elder to the propositus. However in view of the aforesaid decision, we think, it is immaterial to decide that point as treating her as e..Category: Property Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......iving at a decision based on no evidence at all is clearly an error of law and such error has resulted in an error in the decision of the lower Appellate Court occasioning failure of justice. In such view of the matter the impugned judgment and decree cannot be sustained in law and are liable to be ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......both the parties in detail, the learned Munsif found that the plaintiff has failed to prove that the notice under section 106 of the T.P. Act had been duly served upon the defendant and came to the view that the plaintiff is not entitled to get the relief as sought for. The learned Court dismissed..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......ava are getting and enjoying. 6. Mr. Fakhrul Islam, learned Assistant Attorney-General appearing for the respondents, submits that the present application is misconceived as well as premature in view of the fact that under the provisions of section 4 of the Pourashava Ordinance read with the ..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......pute or difference that can be referred to either a single arbitrator or two arbitrators or to an umpire is the difference "as to the amount of any loss or damage". No other question is within the purview of the said clause for reference to arbitration. Towards the end of the clause it is expressly ..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......tion therefore appears to have failed to bring home the charge under section 302 read with section 109 of the Penal Code against the present accused-appellants beyond all reasonable doubt. And in our view the order of conviction and sentence under sections 302/109 Penal Code upon the appellants is n..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......acefully and without any interruption. Further case of the plaintiff is that there is no alternative pathway for them to go out and enter into the said homestead. The defendant petitioners with a view to causing hardship and harassment dug out a drain over some portion of the said pathway and pu..Category: Civil Law | Date: | Hits: 152
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