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Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ken me through the judgment of the Courts below and also the evidence on record. Mr. Dewan A.M.S. Zaman, the learned Advocate for the appellant, conÂtends that the Courts below committed an error of law in not taking into consideration the facts that the defendants claim title in the suit land sinc..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......d the judgÂment was not pronounced, signed and dated in the open Court as required u/s 366, 367(1) and 369 of the Code of Criminal Procedure and so the impugned judgment is no judgment in the eye of law. He also submits that there has been an unseemly delay in the delivery of the judgment, for the ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ...... No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling staÂtion, only for the office of the members, should not be declared to have been issued without lawful auÂthority and is of no legal effect and that a direction should not be given to the Respond..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......reÂspondents to show cause why the impugned order beÂing Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawÂful authority and to be of no legal effect. 2. The petitioner with others formed a coÂopera..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....gally declared as the successful candidate. So the petitioner prayed for declaring the election of opposite party No.1 as null and void and also to declare the election as a whole void. On 28.4.84 by amending the election petiÂtion the petitioner prayed for declaring himself as the duly elected Cha......made before or after the aforesaid amendment. I find substance in the contention of the learned AdvoÂcate for the opposite party No.1 and hold that the appeal was filed under the valid provisions of law. 6. The next contention of the learned Advocate for the petitioner is that the learned Distri..Category: Election Law | Date: | Hits: 163
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......ment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be deÂclared to have been made without any lawful authoriÂty and to be of no legal effect.
2. The respondent No. 2 as first party institute..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......of the plaint on the ground that the suit was barred unÂder section 9 of the said Code and the Civil Court had no jurisdiction to decide the right created by the special statute that is the election laws. The learned Assistant Judge has on hearing both sides passed the impugned order dated 22.5.88 ..Category: Election Law | Date: | Hits: 207
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......fication dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the la..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......tiff-opposite party so desires he can be allowed to give evidence in rebuttal. The reason given by the learned Subordinate Judge should not commend itself to this Court, because it is an established law that amendÂment of the pleadings can be allowed at any stage. 8. Mr. S.R. Pal learned Advoca..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and thereafter on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said C..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating that the petitioner, an Advocate of the Supreme Court of Bangladesh having reputation as an honest and hardÂworking lawyer and had appeared in a number of casÂes both in the High Court and in the Court before the Di..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......were appointed with clear stipulation that their employÂment would remain valid till the compleÂtion of the project. Learned counsel for the petitioners argued that the High Court Division erred in law in arriving at the conÂclusion that the conduct of the petitioners has created a legitimate exp..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......change deed would be exeÂcuted between the parties but the plaintiff did not ultimately execute the said deed. The learned Advocate further submits that the High Court Division committed an error of law in decreeing the suit without setting-aside the concurrent findings of fact arrived at by both t..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....petual injunction against the defendant Railway was entitled to a mandatory injunction in the instant case which was not specifically granted by the Court and therefore that appeal be also allowed by amending the judgment and decree to the extent of granting mandatory injunction by inducting the pla......iff when by their own admission the plaintiff himself has been thrown out of the Buffet car and Restaurant car of the Railway compartment prior to the filing of the suit itself and the Court erred in law in not considering that the Court is not dealing with any prayer of any mandatory injunction ord..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......s of the so called confession of appellant Shahid Hossain and hence the impugned judgment and order of conviction and sentence as against the aforesaid co‑accused appellants cannot be, sustained in law. Further, submission of the learned Advocate for the appellants is that in examining appellant S..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......earned Subordinate Judge. The defendant opposite party could have prayed for the hearing of the application under Order 39 rules 1 and 2. The teamed District Judge also heard this appeal and erred in law in staying the operation of the order of ad interim injunction without hearing the plaintiff pet..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ...... cannot be brought within the mischief of Section 6 of Act I of 1956 and his conviction and sentence under the said section, 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all. 9. Next question is whether the prosecution has been able to prove the case against t..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......le against this order. 4. Mr. Abdul Quayum, the learned Advocate apÂpearing on behalf of the petitioner has urged that the learned appellate Court has in allowing the appeal committed an error of law which is apparent on the face of the record. According to him, the learned AddiÂtional District..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and the after on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said Co..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......ry, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of..
Category: Criminal Law | Date: | Hits: 108
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