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Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......t is earlier repealed, cease to have effect at the expiration of 30 days after it is so laid or, if a resolution disapproving of the same is passed by the Parliament before such expiration. In any view of the matter, there is no restriction on the Parliament or President to repeal an Act or Ord..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....r of 1774 has given wide jurisdiction to this Court to entertain any suit regarding any maritime claim and crime. In reply, Mr. Rafiq‑ul‑Huq submits that the contention of Mr. Yusuf is absolutely erroneous. He has referred to section 9 of the Act establishing High Court of Judicature at India da......n its Admiralty Jurisdiction. In a word, the prayer of defendant No.1 is, that there is no cause of action for institution of such a suit and a suit for such a declaration does not come within the purview of the Admiralty Court Act, 1861. I have heard the arguments of both sides on this preliminary ..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......n in the country at the initiative of the detenu who caused those occurrences keeping himself behind the back and the detaining authority being satisfied passed the impugned order of detention with a view to prevent the detenu from acting in a manner prejudicial to public safety and law and order wh..Category: Criminal Law | Date: | Hits: 81
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604......., which was ultimately heard and disposed of by the Subordinate Judge and Artharin Adalat No.4, Dhaka. 7. The appellate court affirmed the judgÂment and decree of the trial court holding the same view that since the plaintiff purÂchased the suit land from the original owner before acquisition o..Category: Property Law | Date: | Hits: 65
....al of Non-Government Degree College and that the definition is for the purpose of recognition of the whole Teaching staff of a college. As such the High Court Division came to a finding that it is an erroneous conception that as per Regulation 2(umma) of the Regulations, 1994, the petitioner is acaÂ......aily Naya Digonta' inviting applications from the intending candidates for the post of Principal of the College. There were six applicants for the post of Principal. The Selection Committee took interview on 23.10.2006. Of the six candidates, four appeared before the Selection Committee. The petitio..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... price and cause of action for the suit. The trial court made observations also that the plaintiff practiced fraud upon the defendant as well as the court in getting the kabala registered and on such view disÂmissed the suit of the plaintiff with cost of Tk. 5,000/-. 5. Against that judgment of ..Category: Property Law | Date: | Hits: 74
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......b of termination of service is illegal, void and cannot be sustained in law. The petitioner, therefore, is entitled under law to be re‑instated. 14. In the premises discussed above we are of the view the judgment and order dated 24.9.86 passed by the Chairman, 1st Labour Court, Dhaka in Complai..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......submitted that the mis‑statement of time in the charge framed by the Tribunal against the acccusedÂ-appellant has not prejudiced the accused‑appellant in his defence. So the defect is curable in view of sections 225 and 535 of the Code of Criminal Procedure and the accused‑appellant cannot ge..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......of any provision in the Village Court Ordinance, 1976 for Second Appeal before the District Judge the decision made by the Subordinate Judge was without jurisdiction. Secondly, he submits that in any view of the matter the remedy for the present petitioner was available either under Article 102 of t..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......course of arguments the learned Additional Government Pleader and Assistant Government Pleader stated that they accepted the award and prayed to the court not to impose any cost on the government. In view of the facts and circumstances, the learned Subordinate Judge allowed the Miscellaneous case an..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......r 22 of the Code of Civil Procedure with the surviving partners in the suit, the suit has abated and cannot he proceeded with under sections 42 and 45 of the Contract Act. He further submits that, in view of the provisions of section 42(c) of the Partnership Act, 1932, the defendant respondent No.1,..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ry given in the First Information Report or the statement of the informant which he made as P.W.2. Considering the peculiar facts and circumstances and the evidence of some of the P.Ws. we are of the view that the evidence of the informant may be disbelieved and the First Information Report story ma..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......es a controversy between the power of rule making authority and that of the legislature it is the rule of construction of the statute that the enactment shall control the rule. Accordingly, I hold in view of amendment to second proviso to section 4 of the Act, that the protection sought by Mr. Razza..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......aggrieved party, the Court should not suggest to the other side to file an application for the penal action. The provision of this Rule being penal in nature, it requires to be strictly construed. In view of the stringency of this provision making room for Drastic consequences, this power should be ..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ack on 15-3-1957 and in the written statement the contesting defendants disclosed the names of the heirs of Alek Jan but the plaintiffs did not take any step to implead the said heirs of Alek Jan. In view of the said fact, the plaintiffs are not entitled to pray for remand at this stage. 9. I hav..Category: Property Law | Date: | Hits: 65
....record to prove that it had no legal foundation and factual basis. For the reasons stated above, I am constrained to hold that the learned Courts below were wrong in passing the impugned judgments on erroneous view of law and on illegal and irrelevant considerations and the same are liable to be set......oner sent back the case on remand to the ADC (Revenue) Dhaka whereupon the ADC found that the suit property should not be declared as enemy property but the said order was subsequently set aside on review and the order of the settlement was maintained. He stated that the plaintiff Deity never posses..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ed an Ejahar on 28-9-95 giving rise to Nari-O-Shishu Nirjatan Case No.8 of 1996. The plaintiff having obtained ball from the High Court Division of the Supreme Court of Bangladesh on 29-9-1996 with a view to out of the criminal case, filed Family Suit No.27 of 1996 just as a counter blast. 10. Fa..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ...... to live together in the discharge of his martial obligations he is to pay a sum of Taka 500.00 per month for her maintenance. 25. For the reasons stated above. I most respectfully differ with the view taken in the case of Khodeja Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31 = 50 DLR 181 wh..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......half of the defendant appellant opposite parties, has argued that the ex parte judgment passed by the learned Subordinate Judge in Title Suit No.53 of 1990 does not conform to the provision of law in view of the fact that the learned Subordinate Judge did not state in the judgment properly as to how..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......below had no jurisdiction to entertain the suit and was not justified in passing the impugned decree. 5. Mr. MA Aziz, learned Advocate appearing with Mr. M Rezaul Karim Advocate, submitted that in view of the evidence on record and position of law as to burden of proof in the matter order of conf..Category: Fiscal/Taxation Law | Date: | Hits: 125
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