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Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....10(1) and (2) of the IRO for electing as its President, General Secretary and members of the Executive Committee some persons who are disqualified under section 7A of the IRO and for contravening the provisions of IRO and the rules of their own constitution or such other or further order or orders p......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)
....udge and Sr. Special Judge took cognizance of the offence against the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947. Meanwhile, to comply with the provisions of section 339B of the Code of Criminal Procedure, there was Gazette Notification and Pub......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)
....sreading of the records because under the law the loan is to be paid within the time allowed by each bank to the loanee and therefore any payment made after that date will not be a payment within the provision of law and therefore in the instant case even if the respondent No.8 would have paid the l......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
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....akes precedence and, of necessity, limits their rights. 20. The chapter on the fundamental rights are stated in Part-III of the Constitution. Article 26 provides that any law inconsistent with the provisions of the said part shall be void to that extent but Article 45 provides an exception in res......onstitution and obeys its commands to the letter. Article 62 of the Constitution provides for raising and maintaining of defence services. Article 62 reads as follows: "62. (1) Parliament shall by law provide for regulating- (a) the raising and maintaining of the defence services of Bangladesh..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. ......n 23‑6‑1997 at Village ‑ Kabaria Bari Guchhagram under Police Station Sarishabari District‑Jamalpur, Hatem had been marked as the author of stabbing. 2. Following murder of Rahima Khatun law was set in motion on laying a First Information Report with Sarishabari Police Station by Abul K..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....the deposition of any of the witnesses from either side. Such being the position, the learned Advocate submits further that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffe......r that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffers from error of law which has resulted in the error in the decision occasioning failure of justice and, as such, the..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....nstant case as when that decision was given the new law namely, Electoral Rolls Ordinance, 1982 was not there and in the previous law namely, Electoral College Rules, 1964 which was enacted under the provision like section 7 of the present law jurisdiction of Court was not ousted. I have considered ...... Kabir and Mr. Khandakar Aminul Huq, learned Advocates for the petitioner 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 ques..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....he respondent company is unable to pay its liabilities and to pay its admitted debt and since the respondent company is unable to pay its debt the company is liable to be wound up under the aforesaid provision of law. 3. The respondent has filed an affidavit-in-opposition to resist the prayer o......spondent on 9‑8‑1999 requesting the respondent to pay the petitioner's admitted claim, but the respondent company did not make any response whatsoever. Then on September 20, 1999 the petitioner's lawyer served a notice under section 241 of the Companies Act, 1994 upon the respondent to settle th..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. ......subsequent order or orders passed pursuant to the said order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... to get the arrear rent for the unpaid period of time and accordingly granted the relief of recovery of arrear rent under law and equity. In the facts and circumstances of the case and in view of the provision of Order 7 rule 7 CPC and the principle as laid down in the case referred to above, we are......te appearing on behalf of the defendant No.2 petitioner, submitted that there was no prayer in the plaint for recovery of arrear rent and, as such, the learned Courts below have committed an error of law and of fact in passing the decree for recovery of arrear rent. The learned Counsel argued that t..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....aggrieved by any decision or order of the Administrator in this behalf may, within three months from the date of such decision or order, submit a petition to the District Judge in accordance with the provision of sub‑section (1) of section 35; and if such a petition is filed, the provisions of sec......peal below reported in 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors) it has been held that: The question in such circumstances is the question of intention. The law in this respect well settled. The intention of the settler has to be inquired into in order to m..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... Court may make an order requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office. The English and Bengali versions of the aforesaid provision run as follows: “Requiring a person holding or purporting to hold a public office to ...... Mainul Hosein‑Amicus Curiae. Writ Petition No. 3067 of 1996. Judgment Md. Mozammel Hoque J. - This Rule was issued calling upon the Respondents to show cause as to under what authority of law the declaration of the respondent No.2 declaring the Respondent No.1 as President of the People'..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......n between accused Ripon and the deceased. Ripon gave fists and blows to the deceased. The deceased leaving the passengers at about 9:00 A.M. came with his tempu in front of the house of his father-in-law where he used to reside and complained to Kabir Fakir and Ali Akbar Munshi against Ripon. In the..Category: Criminal Law | Date: | Hits: 81
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... government free from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order of the High Court Division and the judgment of this Divi......ee from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order of the High Court Division and the judgment of this Division, we find ..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....on any of the grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of du......grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of due diligence, w..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... Abdul Wadud Bhuiyan, learned Senior Counsel appearing for the petitioner, submits that the pre-emptee failed to prove that the disputed jama was separated after complying with all the formalities of law. He further submits that the petitioner could not produce the relevant record of Mutation Case N..Category: Property Law | Date: | Hits: 58
....previously the writ-petitioners filed an application under Order XXI, rule 89 of the Code for setting aside the auction sale but the same was rejected for non-deposit of the required money as per the provision of law,
(II) the earlier order of rejection of the application filed under Order XXI, ......0.00=(13,50,000.00+67,500.00) as statutory requirement. The executing Court rejected the application by its order dated 20.11.2006 on the finding that the application was not filed in accordance with law. In the order dated 20.11.2006 the executing Court did not mention anything about the shortfall ..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....s the suit was filed on 03.11.1984, so the plaintiffs having been dispossessed from the suit property before filing of the suit they were required to pray for recovery of khas possession as per the provisions of section 42 of the Act. In coming to the above findings, the trial Court also noticed......s illegal and without jurisdiction without declaration of title to the suit property was not maintainable under section 42 of the Special Relief Act (the Act), therefore, the appellate Court erred in law in decreeing the suit, and the learned Judge of the High Court Division failed to consider the s..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......intiff in favour of the defendant and the defendant, on payment of consideration money, got possession of the land and had been possessing the same the possession of the defendant in the said land is lawful possession and that a lawful possession cannot be considered as adverse possession and as suc..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....t against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was that defendan......but only 33 decimals of land which he failed to discharge, but the High Court Division failed to consider the said admitted factual aspect of the case in its proper perspective and thus, erred in law in not decreeing the suit as a whole, therefore, the impugned judgment and decree calls for inte..Category: Property Law | Date: | Hits: 72
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