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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......n the date on which the pre‑emption application was filed, there is no legal transfer. Their Lordships of the Appellate Division held that since the document of transfer was registered according to law while the pre‑emption application was pending in the trial Court, the Court could act upon it ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......n 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. observed- "The rule of law upon the construction of all statutes is to construe them according to the plain, literal and gr..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......was held; that the appellant was given all opportunities to defend himself; that the Bank authority upon consideration of the enquiry report dismissed the plaintiff; that the decision of the Bank was lawful and was made by the competent authority; that the dismissal order was confirmed and approved ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.199..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......tion that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of Tk. 25 Lac and the said suit was decreed on contest and as such the suit is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-c..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......the evidence adduced in the case, has erroneously affirmed the judgment and the decree passed by the court below. Besides the appellate court has also failed to appreciate and apply the principles of law decided by the Supreme Court and cited before him at the time of hearing argument. He next submi..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......thdrawing the money from him and that it was functioning as a Bank quite illegally having only their register under the Joint Stock Companies and Firms and thereby exceeded the limit prescribed under law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the me..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......s (Annexure-'D') and why the holding of the public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......-৮-৯০ ইং তারিখে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforceme..Category: Constitutional Law | Date: | Hits: 165
....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) 357.......ision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossain filed IRO case No...
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. ......e prosecuted. He argued that the system of obtaining sanction has been introduced to stop vexatious prosecution. But here in the present case it appears that sanction was given not in accordance with law and that has made the entire prosecution invalid. 4. The learned Advocate further contends th..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. ...... undue and unconscionable advantage is taken by another. A person does a thing fraudulently if he does it with injury or loss to some person. Section 44 of the evidence Act lays down not only rule of law relating to the Evidence but also rule of procedure. Section makes the provision for impeaching ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing 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. ......ring the parties by the impugned order rejected the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have fill..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......de on 21.11.85 and Nazmul Huda filed a written objection to the petition on 23.11.85 disclosing that "the petitioner filed this Misc. Case through his attorney. But due to mistake by oversight of the lawyer at the time of draft of the petition it was not written that Jagannath Banerjee represented t..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....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. ......plaintiffs' kabala Ext. 1C is a void document under section 28 of the Registration Act inasmuch as insignificant portion of land has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurrently held that..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... 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. ......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947, by plaintiffs predecessor Md. Raushan Ali in favo..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......em total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly armed with various weapons and attacked Eshaque and beat him at the order of the acc..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... trial Court and allowed the appeal. 5. Mr. Syed JR Modassir Hossain, the learned Deputy Attorney General appearing for the petitioner, submits that the Court of appeal below committed an error of law in not adverting to the findings of the learned trial Court with proper and sound reasonings. Mr..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....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. ......ed to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absor..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... 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....... petitioners who are third parties to make any independent application under rule 99 seeking adjudication of their alleged claim. Accordingly, we find that the impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executi..Category: Civil Law | Date: | Hits: 89
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