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....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262....... Bargaining Agent of the opposite party No.4 till disposal of the appeal. The Second Court of Commercial SubordiÂnate Judge, Chittagong dismissed the appeal on the ground that the Civil Court had no jurisdiction to try the suit.
The present Rule and the order of ad interim inÂjunction passed by..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......garh Tea Estate, Fatikchari, Chittagong in the Labour court alleging that he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in se......ul Kabir Chowdhury, the learned Deputy Attorney-General who appeared in this case to assist the Court has taken us through various deciÂsions of this Court and other Court on the point of revisional jurisdiction of this Court and over the Labour Court under the Employment of Labour (Standing Orders..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ...... the respondent No.1 it apÂpears that the matters are controversial and need deÂtermination by evidence. 6. As to the disputed question of fact it is now well-settled that a proceeding in a writ jurisdiction is more in the nature of summary proceeding in which examination of disputed question o..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......tify so but alÂways does so to protect their reputation in the marÂket and in the process to save the innocent public from being drugged by substandard and spurious drugs or medicine. 20. In the absence of a special knowledge of a capsule of this nature with which we are concerned can those be ...... and the documents on record has submitted that the conviction and sentence as passed by the learned Court below cannot be susÂtained in law because the whole proceeding was inÂcompetent and beyond jurisdiction because the comÂplaint, in the instant case, was never made by an Inspector of drugs a..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....e Subordinate Judge, Dhaka for declaration of his title and recovery of khas posÂsession. The plaint case is that the suit land measurÂing .13 decimals of land out of C.S. plot No.1566 comprising a total area of 2.30 acres. One Chandra Mondal was the original owner of the suit plot who sold it to ......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......ily for the Court to decide the necessity of a local investigaÂtion and the Court having refused that prayer on conÂsideration of the material facts, this Court will not interfere in its revisional jurisdiction with the imÂpugned order. 7. A reference to Order 26, rule 9 shows that local inves..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... project area and the extent of adverse impact outside the project area may encompass more than a million human lives, the natural resources and natural habitats of men and other flora and fauna. The total impact area, although large, only 210 hectares of land, are being acquired without complying w...... The multiple use of embankments was rarely taken into consideration at the planning stage. Drainage project suffers from severe drainage congestion due to the faulty hydrological assessments and the absence of an adequate drainage network and the lack of proper maintenance after the construction of......pondents as to participation of the people in the implementation of the project, thus, have become a disputed question of fact and this Court will not embark upon an investigation of the same in writ jurisdiction. Judicial review is generally not available for ascertaining facts but for a review of ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ructures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatian No.1251/1 in holding No.24/24 measuring 0.161/2 acre of land and SA Khatian 591/1, RS Khatian No.1024/468 measuring 0.07 acre totaling 0.235 acre of land. It is alleged in the plaint that the plaintiff performed his part of th......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ee that may be passed against him: (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time to be fixed by it, e..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......nt Judge, Jhalakati, for declaration of title and for further declaration that the decree passed in Title Suit No.329 of 1957 of the First Court of Munsif, Barisal, be declared illegal, void, without jurisdiction and not binding upon the plaintiff. The defendant petitioner contested the suit by fili..Category: Procedural Law | Date: | Hits: 72
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......uthority decided to take samples of first and second consignments. According to the petitioner, samples were taken and dispatched to different testing centres in Bangladesh behind the back and in the absence of the petitioner-owner. At the request of the petitioner Customs authorities cleared first ......deposit of any amount by him as condition precedent for filing the appeal.
8. Simply because petitioner has raised a question of violation of section 199 of the said Act he can not invoke the writ jurisdiction of this Court avoiding the appellate forum under section 193 of the Act and turn this C..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ...... 9. The petitioner has further alleged that the curtailment of the area of the petitioner and creation of a separate area with only one Union namely, Zindapur Union is illegal, ultra vires, without jurisdiction and the same is contrary to section 4 of the Muslim Marriage and Divorces (Registration..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... Class Suit No.91 of 1996 in the Court of Assistant Judge, Sonatala, Bogra for declaration that the order of suspension dated 17-8-96 passed by the defendant petitioners is illegal, void, and without jurisdiction. The plaintiff’s case, in short, is that she was appointed as Headmistress of Sonatal..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....he filing of the principal cause or immediately thereafter. 28. Mr. M Hafizullah very forcefully argues that filing of application under section 34 of the Admiralty Court Act after a long delay is totally misconceived, and he contends, discretion of the Court should not be exercised in allowing s......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122....... arrested or security obtained to answer judgment; and in the cross cause the ship of the plaintiff cannot be arrested and no security has been given to answer the judgment therein, the Court has the jurisdiction under the provision of section 34 of the Admiralty Court Act, 1861 to suspend the proce..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..Category: Criminal Law | Date: | Hits: 60
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......nnot be deprive of this right unless the property is compulsorily acquired, nationalised or requisitioned by authority of law. The further ground taken is that an aggrieved person can invoke the writ jurisdiction of the case even though he availed the alternative remedy, but failed on technical grou..
Category: Limitation Law | Date: | Hits: 175
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