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Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......e trial Court noticed that the suit was filed on 20.7.65 that was beyond 6 months from the date of notice dated 24.9.64 and as such the suit itself was time barred as provided by section 109. In this view of the matter the suit was dismissed. 3. The matter came before the High Court Division in F..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ntiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Committee had acted without jurisdiction inasmuch as the committee..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......ough the High Court Division exonerated the defendants 1 to 3 "as they had no personal interest in the matter except that they wanted to have the cause of, defendants 4 to 7 being fulfilled". In this view of the matter the decree was upheld and the suit was dismissed as against the other defendants ..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......malgamation and creation of a new khatian in the name of H.E Percival alone was validly made, and the pre-emptors ceased to be co-sharer of H.E. Percival. The learned District Judge, however took the view that amalgamation and separation of land was made without giving notice to the co sharers, an..
Category: Property Law | Date: | Hits: 128
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liable to be quashed. 13. In all view as the matter we do not find any reason to continue the criminal proceeding and the instant cri..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......nd one was field after the some days, of occurrence, police acted illegally and in violation of the provision of the Code of Criminal Procedure in submitting the charge sheet in the instant case in view of the fact that the petition of complaint sent to the Police by the Magistrate without takin..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......as not approved by the Government. The definition of ‘settlement’ reproduced above does not say whether the copy of the agreement sent to the Government needs to be approved by the Government. In view of our above discussion we, therefore, hold that Annexure-’D’ is a settlement under sub-sec..Category: Labour and Industrial Law | Date: | Hits: 281
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......vision Assistant in the original basic cadre, the impugned order dated 1-4-95 relieving him from the protocol officer and restituting him to his earlier post as Upper Division Assistant is illegal in view of the terms of appointment dated 13-7-93 having an independent appointment with higher pay sca..Category: Employment/Service Law | Date: | Hits: 184
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......his idea of equality as:
“All who are equal are equal in the eye of law”, meaning that it will not accord favoured treatment to persons within the same class.”
29. On consideration of the views expressed by these distinguished Judges and Authors as to the meaning of the “equality befor..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......s to me that provision of the Article does not apply to a case where an order is passed for promotion of a member of the disciplined force and, as such, orders impugned is not immuned from judicial review. But where an order is passed retiring a member of disciplined force such an order is beyond th..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......inst the appellant is that he is a freedom fighter but the learned Sessions Judge on cogent ground came to the finding that there are no materials to show that appellant is a freedom fighter. In that view of the matter, the learned Sessions Judge committed no illegality in refusing to withdraw the c..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......e the appellant moved the learned Sessions Judge under section 439A of the Code of Criminal Procedure for quashing the proceeding. 5. The learned Sessions Judge by his order dated 5.4.80 took the view that the case is actually triable by special Judge and learned Magistrate has no jurisdiction..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......moved this Court and obtained leave to consider whether the High Court Division was right in not holding that the executor of the will had abandoned his claim for propounding the will and whether, in view of the fact that the plaintiff-respondent had applied for Letters of the Administration after 2..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......nts, ejectment suit in the S.C.C. file cannot proceed. So, as complicate question of title is involved the suit should be transferred to ordinary Court to be tried as ordinary title suit". In this view of the matter the suit was transferred to a Civil Court. This order was challenged before the H..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......r about 2 years although the trial of the case has not yet been concluded. 6. Considering the facts and circumstances and the submission as made by the learned Advocates of both the parties and in view of long detention of the accused-petitioner for about 2 years continuously without knowing when..Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......rtha Rin Adalat has the jurisdiction to entertain any claim of the defendant in the nature of counter‑claim. Considering the facts and circumstance of the case and the impugned order, we are of the view that allowing the party, which is not a financial institution and, as such, not competent to ma..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....at guiding principles be not framed or made after due application of mind affording opportunity of being heard to the petitioner fixing the rate and determining the capacity will also be liable to be erroneous and the purpose of section 3(4) shall be frustrated. In the case reported in PLD 1971 Kara......n "production capacity of plants, machinery, undertakings, establishments or installations" has been changed to "capacity of plants, machinery, undertakings, establishment or installations" and the reviewing body has been named as "Standing Tribunal" in place of "Review Board". It is stated that tho..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......……… 13. We have already seen in the definition of "design" as given in section 2(5) of the Act that the sameness of the features are to be decided by the eye i.e. by getting a total synoptic view of the two. Time and time again in numerous cases it has been laid down that it is the eye alon..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....e appeal. 6. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff‑petitioner strenuously argued relying on the decisions already referred to above that the learned District Judge erroneously exercised his jurisdiction under section 151 of the Code of Civil Procedure in passing t...... conceded that the application filed by them before the learned District Judge for staying the operation of the order of status quo was filed under section 151 of the Code of Civil Procedure. In that view of the matter the pertinent question that calls for determination by this Court is as to whethe..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......e petitioner could not show us any decision that a revisional application lies under section 115 of the Code of Civil Procedure against an interlocutory order passed by the Artha Rin Adalat rather in view of the decision reported in 46 DLR (AD) 174 the learned Advocate for the petitioner concedes to..Category: Civil Law | Date: | Hits: 121
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