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Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......s not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in law but the petitioner may file writ. 6. Mr. Gazi Abdur Rashid, the learned AdvoÂcate appearing..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......aration that the order of dismissal made by defenÂdant No.1 is illegal, ultra vires and without jurisdicÂtion and is of no legal effect and is against the prinÂciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party contested the suit by..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......itted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in acÂcordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this SesÂsions triabl..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......om justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an acÂcused in a trial facing capital charge cannot be denied of his substantive right ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......n swayed by moral conviction and thereÂby lost sight of legal testimony. Rule of evidence cannot be departed from because there may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, hav..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......cided by the lower Appellate Court as to how far this onus has been discharged by the transferee in the present case. The learned Advocate for the petitioner submits that none of the requirements of law has been satisfied by the transferee namely defendant Nos.3 and 4 in this case. The law requires..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......s read over and explained to the accused who pleaded not guilty and claimed to be the tried and another accused Harun Mizi remained absconding. The accused-appellant was defended by the State defence lawyer and so far it could be gathered from the trend of cross-examination the defence case was that..Category: Procedural Law | Date: | Hits: 118
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......ner and the public at large resultÂing in shortage of materials in the market, high price and corruption and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......d that "In our opinion though ordinarily where a decree has been passed after some contest between the parties such decree is appealable, where it has been proved that the suit has been adjusted by a lawful agreeÂment, there can be no appeal against the decree under section 96(3), but there is a ri..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......te it is necessary to examine the relevant provision of the Ordinance vesting the jurisdiction to the District Judge to entertain appeal arising out of election petition. Section 29 is the relÂevant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its powe..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......of opposite party Nos.1, 2 and 3 on point of knowledge relating to the transfer of the case land. Mr. Badrul Huq, the learned Advocate also submits that the court of appeal below commitÂted error of law in accepting the plea of knowledge about the impugned kabala dated 17.2.72 given by the petition..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......ates-For the Petitioner. Abdul Momen Chowdhury, Advocate-For the Opposite Party No. 1. Civil Revision No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mootÂed is: whether the District Judge, an appellate auÂthority under section 29(4) of the Loc..Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......e and the learned Munsif in restoring the suit on setting aside the order of disÂmissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no do..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......tion and sentence passed against him in absentia, the learned Sessions Judge would have admitted the apÂpeal for that sufficient cause shown and ought to have disposed of the same in accordance with law. He has further submitted that from a clear reading of the impugned order of the court of appeal..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......the application on contest holding that the plaint discloses cause of action the collusion of the defendants and the suit is not barred under Industrial Relations Ordinance, 1969 and by other general law or special law.
5. The learned Advocate for the applicants urges that section 10(2) of the af..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......from the country and thereafter the case was sent to the learned Senior Special Judge, Rajshahi for trial. It appears that the case was transferred by the learned Sub‑Divisional Magistrate to Mr. Delawar Hossain, a Magistrate of the 1st Class for disposal who received the same on 18‑4‑79 and t..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ...... 3. Mr. Syed Ziaul Karim, learned Advocate appearing for the accused‑petitioner, submits that the acceptance of the charge sheet by the learned Magistrate under his order dated 4‑7‑91 is bad in law inasmuch as the charge‑sheet was submitted beyond the time limit of 180 days as provided in se..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......ant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitio..Category: Labour and Industrial Law | Date: | Hits: 177
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200....... passed by the District Magistrate. In our opinion the order not only puts restriction on the liberty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without pr..Category: Criminal Law | Date: | Hits: 86
Gias Uddin Vs. Dhaka Municipal CorporaÂtion and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......e petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict ..Category: Constitutional Law | Date: | Hits: 369
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