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....olved:
AY Salehuzzaman, Advocate ‑For the Petitioner.
No one ‑ For the Respondents.
Writ Petition No.2251 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- In this case a Rule Nisi was issued on 8.11.90 calling upon the respondent Nos.1, Chairman, Third Labour Court, Dha......d 15.2.90 (Annexure‑E) passed by the Third Labour Court, Dhaka in IRO Case No.33/87 is declared to be made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) ..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......ts were placed before the sanctioning authority. The sanction to prosecute is an important matter, it constitutes a condition precedent to the institution of the prosecution and the Government has an absolute discretion to grant or withhold their sanction. It has also been held that they are merely ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....nvolved: Nowazish Ara Begum and Abdur Rashid, Advocates ‑ For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an applica...... petitioner under section 10 CPC and direct to stay the trial of the Title Suit No.92 of 1983 pending in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ailure of justice. The decision cited by Mr. Rahim has no application to the instant case. The impugned order cannot, therefore, be maintained and is liable to be set aside. 10. In the result, the Rule is made absolute without any order as to costs. The impugned order passed by the learned Sub......ut complying with the direction of the appellate Court, that is, the learned District Judge given in Misc. Appeal No.53 of 1984. He submits that the addition of opposite parties Nos. 3 and 4 has been absolutely unwarranted before arriving at a firm decision as to whether the Misc. case was filed by ..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....1 had no legal authority to place the petitioner under suspension. As such, the petitioner has challenged the aforesaid order before this Court invoking its writ jurisdiction and obtained the present Rule. 3. The respondent Nos. 1‑3 entered appearance and contested the writ petition by filing a......o take such action as he had taken. We, accordingly, find the impugned order contained in Annexure ‘I’ to be without lawful authority and of no legal effect. 11. The Rule is, accordingly, made absolute. 12. The impugned order passed by the respondent No.1 and contained in Memo No.Shiksha/I..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... Md. Abdul Wahab, Advocate ‑ For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....ry injunction. The appeal is, therefore, allowed. The impugned order of the learned Subordinate Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....urt additional evidence should not be admitted in appeal because a party guilty of negligence in the lower Court is not entitled to the indulgence of being allowed to give further evidence under this Rule. Provisions of this Rule are not intended to allow a litigant who has been unsuccessful in the ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....ars to be well founded. The object of rule 31 of Order XLI CPC is to see that a Judge does not act callously or even mechanically. Its purpose is to put the Judge on the right track and to the extent Rule of Procedure can do it, to see that he acts judicially. It enables the High Court to judge whet...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....te ‑ For the Petitioner. Not represented ‑ the Opposite Parties. Criminal Revision No.565 of 1991 (Dhaka). Criminal Revision No.70 of 1986 (Comilla). Judgment Abdul Hasib J.- This Rule was issued calling upon the Deputy Commissioner, Feni, and complainant opposite party No.2, to ......ections 323, 447 and 147 have been exclusively mentioned to be triable by the Village Court. Therefore, the learned Advocate submits that the entire proceedings from the very beginning to the end are absolutely without jurisdiction. In this connection he has referred to the case of Rajab Ali and oth..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ey General ‑ For the Petitioner. JN Dev with Nazrul Islam Chowdhury and DJ Syam, Advocates ‑ For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree ......rietors, tenure holders and rent receivers including khas lands (beyond the retainable limit) by publication of notification from the date mentioned therein and these interests vest in the Government absolutely free from all encumbrances. By Exhibit 'H' Baraura Tea Estate through their Manager surre..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....an application by Nikhil Kumar Sarker, Assistant Teacher, Goalundo Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....r. Anil Chandra Sarker with L Gomes and SR Karmakar, Advocates ‑ For the Opposite Parties Nos. 1 and 2. Civil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the executio...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....tioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Ch......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....cial leave are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RA......eave are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, U..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......e writ petitioner sought a direction upon the Government and its official to make payment for the execution of the works as per work order given to him. Though the High Court Division made the rule absolute, this Division set aside the judgment on the reasoning that the writ petition is not mainta..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....in this petition for leave to appeal is whether any limitation has been prescribed for in the relevant laws, namely, the Administrative Tribunal Act, 1980 (the Act) and the Administrative Tribunals Rules, 1982 framed under the Act for filing an application for restoration of an appeal dismissed fo......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ot fair chance of acquittal in this case, we find substance in the submission of the learned advocate for the petitioners and are inclined to confirm their bail. 6. In the result, the rule is made absolute in part and the ad interim bail of petitioners are is hereby confirmed and the bail of peti..Category: Criminal Law | Date: | Hits: 64
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....al with Mrs. Hosne Ara Ahsan, Assistant Attorney‑General ‑ For the Respondent No.1. Writ Petition No.196 of 1989. Judgment Mohammad Abdur Rouf J.- The petitioner on 19.2.89 obtained this Rule Nisi calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia I......fforts made by them, they failed to arrest the other accused including the petitioner. It is, however, stated that above-mentioned statements of the investigating agency of the said criminal case are absolutely mala fide in view of the fact that the petitioner contested the election of the Parliamen..Category: Constitutional Law | Date: | Hits: 288
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