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....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.
......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.
...... Code of Civil Procedure for rejection of the plaint mainly on the ground that section 45 of the Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or pro..
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.......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........3597 dated 17‑12‑2003, Annexure-C to the Writ Petition.
3. Mr. Kazi A Hakim, Learned Advocate appearing for the petitioner, submits that the order of extension is ex facie illegal and without jurisdiction since the respondent No.1 is not authorised to extend the period of detention on the re..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....ase, in short, is that Abdul Khaleque Dhali, son of Md. Hafezuddin got allotment of the suit land on 29‑9‑65 and obtained possession thereof from the authority concerned on 20-10‑65. Out of the total premium he paid only Taka 700 on 12‑10‑65. The rest of the amount was paid by defendant No......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. ......ule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The valuation of the suit is very important in determining the jurisdiction of the court and, as such, the question is required to be dealt with by passing a prope..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....r such circumstances the Court held that the amended Act conferred discretion of a very wide character upon the authorities. We are of the view that the fact and circumstances of this cited cases are totally different from the facts and circumstances of the case before us. However, it is true that i...... 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. ......of Dhaka City Corporation. Both of them were granted licence on temporary basis in the year 1998 but till today neither of them get license on regular basis. An apprehension that the area under their jurisdiction may be curtailed by the Government in exercise of the power given to the Government und..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total denial and his, inter alia, case is that no occurrence took place on the date, time, place and......sonal views having no medical basis at all. He then submits that the teamed trial Court failed to consider the defence case nor there is anything on record to show that he ever gave thought about the absence of rope which was seized from the side of the place of occurrence. He also submits that the ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
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. ......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. ......reat care should be taken before embarking to scrutinise the first information 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 r..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....n and the facts and circumstances in this case suggest that this is one of such a situation. 12. It appears from the Mark-sheet dated 9‑9-2000 (Annexure‑B‑1) that the petitioner secured in total 1070 marks out of 1800 marks in sixteen papers in a four-year course. He missed his First Clas......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. ......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. ..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.......lleged forged document is not produced in the proceeding before the Court then a private complaint is not barred under the provisions of section 195(1) (c). Quite clearly, in the instant case, in the absence of the original document being produced in the proceeding the bar under section 195(1) (c) w......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...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.......le 71 of the Constitution, make and subscribe an oath (or affirmation) in the form set out in the Third Schedule to the Constitution for a Member of Parliament before the outgoing Speaker, and in his absence, before the outgoing Deputy Speaker and in the absence of both of them before a person desig......time mentioned in Clause (a) of Article 67 of the Constitution. He has argued that the question whether the respondent No. 3 has vacated his seat or not cannot be decided by this Court under its writ jurisdiction under Article 102 of the Constitution. In reply, Mr. Khan Saifur Rahman has argued that..Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......t it gives unfettered power to the Government to "pick and choose a person at its sweet will and appoint him Nikah Registrar and give him unlimited aerial jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent Government to ex......aid 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 area stands ceased since Rule 10 defines an area of Nikah Regis..
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. ......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. ......Department. It is tolerably well settled that a Court of law does not sit on appeal from the findings of a domestic enquiry committee unless it is tainted with illegality, malafide or it acted beyond jurisdiction. We have gone through sub‑section (3) of section 55 of the Rajshahi University Act. S..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. ......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. ......hus the writ petition is not at all maintainable, and moreover, the company has no scope to interfere with the internal domestic management and affairs of the Trade Union by seeking remedy under writ jurisdiction. 6. The learned Assistant Attorney General, appearing on behalf of the respondent No..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. ......e learned Sessions Judge and ex officio Special Judge, Kurigram then framed charge against the accused‑appellant on 22.2.86 under section 409 of the Penal Code and section 5(2) of Act II of 1947 in absence of the accused appellant. 4. The prosecution then examined in all 5 P.Ws. including the I......te 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 order of conviction and sentence are wholly ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....on on 11.1.92 to be repaid on or before 31.7.92 which means within six months from the date of borrowing and from that papers it is seen that the money was in fact paid with interest of Tk. 620.00 in total 6620.00 on 1.9.92 the day the nomination paper was submitted. This had also been examined by t...... 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. ...... appearing for the petitioner, submitted that the Election Commission and particularly the order passed by Mr. Justice MA Rouf and Justice Syed Misbahuddin Hossain, as Election Commission was without jurisdiction because under the law the appellate order passed by the Thana Nirbahi Officer under rul..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ding Article (Article 98) of the Constitution of 1962, “an application made by or in relation to a person in the Defence Services of Pakistan." in respect of his terms and conditions of service was totally kept out of the ambit of Writ Jurisdiction of the High Court. The Constitution of 1956, howe......the petitioner got no legal right to be enforced by this Court. In other words, the petitioner got no cause of action. Absence of causes of action in a particular case should not be confused with the absence of the court's jurisdiction. Under Article 102 of the Constitution this court got jurisdicti......egal right to be enforced by this Court. In other words, the petitioner got no cause of action. Absence of causes of action in a particular case should not be confused with the absence of the court's jurisdiction. Under Article 102 of the Constitution this court got jurisdiction to entertain applica..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......person who is about to die and at that stage he is not likely to make a false statement. If the dying declaration is acceptable as true conviction can be based upon the dying declaration alone in the absence of corroborative evidence on record. Informant PW 1, PW 2, PW 3, PW 4, PW 5, PW 6 and PW ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......r of law which has resulted in the error in the decision occasioning failure of justice and, as such, the impugned judgment and order of affirmance is le to be set aside in exercise of the revisional jurisdiction of this Court. 9. In substantiating his submission the learned Advocate refers to a ..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......er submits that the Electoral Rolls Rules, 1982 prepared under the Electoral Ordinance, 1982 has a presumption of correctness in law. He submits that section 17 of the said Ordinance clearly bars the jurisdiction of Court to question the validity of the electoral rolls prepared under the Ordinance o..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....it formal claim in prescribed form along with documents. The surveyors made a joint survey on 25‑10‑1998 in presence of petitioner's Director Mr. M Waliul Haque and assessed the loss of weight 5% total loss 8% and partial loss 4% of which 20% is total loss. The report was jointly signed by both ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
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