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....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......nd documentary having concurrently found that the plaintiffs failed to establish their right, title, interest in the C.S. plot No.1548, the learned Judge of the High Court Division committed error of law in sending the suit back on remand to the trial Court with a direction to dispose of the same af..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... giving the parties chance to adduce evidence, but instead of the High Court Division decreed the suit setting aside the judgment and decree passed by the appellate Court and thus, committed error of law in passing the impugned judgment and order and as such, the same calls for interference by this ..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......posts of Six Office Assistant-cum-Typists and Seven M.L.S.S. The writ petitioners had every legitimate expectation that they would he appointed on regular basis with the grades and scales provided by law. All the writ petitioners submitted applications within allowed time but the Board with mala f..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......the District Judge, Jessore. The learned District Judge who heard the miscellaneous appeal, by his order dated 26.02.2009 allowed the same directing the executing Court to pass necessary order as per law so that possession of the mortgaged property might be delivered in favour of respondent No.2. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......ed 20.10.91 passed by the learned Sessions Judge, Munshiganj in Criminal Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......submits that the learned Subordinate Judge without recording a definite date as to when the order of temporary injunction was disobeyed by the petitioners in cutting away the paddy committed error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......, Clause No.17 to the effect: "Any dispute of claims which cannot be amicably settled by negotiation between the Contractor and the Employer shall be settled by Arbitration in accordance with the laws for arbitration effective in Bangladesh." The construction work after execution of the agreemen..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......site parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law.
3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view o..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed a..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......he learned Assistant Judge while rejecting the applications for rejection of plaint, could have taken into consideration the question of valuation and given reasons therefore. Mere misquoting of law in the applications did not debar the learned Assistant Judge from passing an appropriate order...Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ...... Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rules were heard t..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......tion report, charge-sheet and complaint petition. In spite of these limitations we are still at liberty, by invoking inherent jurisdiction, to see whether the trial Court has looked into the relevant law and the materials on record to connect the accused-petitioners with the offence leading to their..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......sions for re‑examination, within a period of 2(two) months from the date of the receipt of this judgment. This re‑examination and re-evaluation should be done impartially and in accordance with law. 17. Since the facts show that the authorities of the University were in extreme laches in no..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......ocate submitted that the document relating to Other Class Suit No. 133/41 having been filed in the partition suit, complaint or first information report lodged by a private person is barred under the law. 5. Mr. Md. Abdul Haque, the learned Advocate appearing on behalf of the opposite party No. 2..Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... administered by the Speaker‑ I, having been elected a Member of Parliament do solemnly swear (or affirm) that I will faithfully discharge the duties upon which I am about to enter according to law: That I will bear true faith and allegiance to Bangladesh: And that I will not allow my pe..Category: Constitutional Law | Date: | Hits: 242
....rovision to section 4 of the Act meaningless, inasmuch as the said second proviso empowers the Government to extend, curtail or otherwise alter the limits of the area of any Nikah Registrar but after amending Rule 10 the Governments power of curtailment of areal jurisdiction in the City Corporation ......ney General ‑ For Respondent No. 1 (In all the Writ Petitions).
Writ Petition Nos. 6320 of 2002, 832, 728, 2014 & 2562 of 2003.
Judgment
Tariq‑ul Hakim J.- Since a common question of law arises in all these Writ Petitions they are being disposed of by the single Judgment.
2. In a..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......(1) to the petition) dated 7‑5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petiti..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......539)/2001/699 dated 9‑9‑2001 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ta..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......he first contention of the learned Advocate for the appellant is that the trial of the instant case was illegally held by the learned Sessions Judge and not by any Special Judge as required under the law and hence it was illegal and without jurisdiction and consequently the impugned judgment and ord..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......Parishads) Ordinance, 1983. 3. Against the said order respondent No.8 whose nomination paper has been rejected filed an appeal before the Thana Nirbahi Officer who is the appellate authority under law on 3.9.92 alleging that on 2.9.92 his nomination paper was accepted preliminarily by the Returni..Category: Election Law | Date: | Hits: 153
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