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Displaying 3441-3460 of 6365 results.
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. ......ving it set aside. When subsisting judgment, order or decree is set by one party as a bar to the claim of other, the latter can show that the judgment, order, or decree was delivered by Court without jurisdiction or was obtained by fraud, collusion and it is not necessary for him to have it previous..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....ouse property at Tk. 2,57,990.00 and claimed deduction of TK. 1,37,500 paid to the Sonali Bank in liquidation of its debt. The assessing officer allowed claim as admissible deduction in computing the total income from house property under section 9 of the Act. Subsequently the Inspecting Joint Commi......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
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. ......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. ......ion of the suit and where the subject matter in issue in the subsequent suit is also directly and subsequently in issue in the previously instituted suit between the same parties, the trial Court has jurisdiction to maintain the application under section 10 CPC as the same is maintainable for the si..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. ......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. ......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. ..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369......./551 dated 28.8.90. The respondent No.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 c..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....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. ......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. ......de the order of dismissal and thereby converted the order of dismissal into an order of termination. 7. Although an order of termination simpliciter is not a punishment and is not amenable to writ jurisdiction but an order of termination with stigma is a punishment and can be interfered with. But..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....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. ......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. ...... No.2 appointing defendant No.1 as ejarader of the suit hat for 1398 BS on the basis of the auction sale of the Hat that took place on 11.4.91 in pursuance of notice dated 28.3.91 is illegal, without jurisdiction, etc. The plaintiff also filed a petition for temporary injunction under Order 39 rule ..Category: Civil Law | Date: | Hits: 74
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. ......on was taken and that the purchasers in certificate case were in possession according to their respective previous possession but not in equal share. Further grounds taken in second appeal is that in absence of writ of delivery of possession, sale certificate above is not sufficient to prove auction......le proved beyond doubt that the holding in suit was put to certificate sale and the concurrent finding of Courts below regarding certificate sale relates to the question of fact and High Court has no jurisdiction to interfere with a finding of fact, however gross and inexcusable the error may seem t..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. ...... 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. ......e 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)
....ocess under sections 147, 323 and 447 of the Penal Code was issued by the Magistrate. 3. The allegation of the complainant, who is opposite party No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over i......sitating interference by this Court in the exercise of its revisional jurisdiction. 9. Mr. Amin, the learned Advocate for the accused petitioners, frankly submits that although no objection to the absence of jurisdiction was taken at the earlier stage question of such jurisdiction can be agitated......triable by the Village Court under the Village Courts Ordinance, 1976, and in view of the clear provisions of the said Ordinance the trial Court and the Sessions Judge acted illegally and without any jurisdiction in trying, convicting and hearing the appeal against the said order of conviction and s..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....... redress the errors resulting in the failure of justice. Therefore, it appears that the present section 115 of the Civil Procedure Code has made amends to a large extent, the loss incurred due to the absence of section 100 of the Civil Procedure Code. 13. Now coming to the question on merit let u...... for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears‑ (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested,..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. ......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. ......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)
.... 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....... 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.......provisions of Order 21 rule 99 have no application to the case. The learned Subordinate Judge allowed the prayer of the third party. A question, therefore, arose as to whether the executing Court had jurisdiction to pass such an order at the instance of a third party. Abdul Jalil, J. speaking for a ..Category: Civil Law | Date: | Hits: 89
....s provided as follows:
Post: Professor:
The candidate:
i) should possess a Doctorate Degree from a recognised University in the relevant branch of Engineering;
ii) should have ten years' total experience in the profession as an Engineer and/or as a teacher at degree, level of which at l...... of the Syndicate, the Academic Council, the Faculties, the Committee for Advanced Studies and Research, the Selection Board, the Finance Committee, and the Planning and Development Committee. In the absence of the Chancellor, he shall preside at the Convocations of the University. He shall be entit......as made in Annexure‑A dated 7.7.91 and the Vice‑Chancellor, respondent No.2, has no authority under the law to make any such order. The order Annexure‑A dated 7.7.91 as such is illegal, without jurisdiction, mala fide in law and has been passed for collateral purpose. As the petitioner has alr..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....ubordinate' as dealt with by the High Court Division and also to consider the cases referred to in the impugned judgment. 17. For the discussions made above, we hold that the High Court Division totally misread, misconceived and misinterpreted the provisions of section 39 of the Act, 1990 a......de as to the lodging of an FIR in respect of an offence committed thereunder, its investigation as well as trial, in case charge-sheet is submitted after investigation. So, we are also to see, in the absence of any provision in the Act, 1990, how an FIR shall be lodged in respect of an offence commi......ubordinate to him specially empowered by the Government by a gazette notification is mandatory and an officer of RAB not being subordinate to him, the entire investigation done by him was without jurisdiction which vitiated "the entire proceedings from investigation and thereafter" and, as suc..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... to the writ petitioner beyond the terms of contract. The determination of this point depends upon consideration of certain provisions in chapter X of the Contract Act but the High Court Division has totally ignored them while giving relief to the writ petitioner. This chapter lays down certain gene...... agent will be decided as per terms of their contract and the nature of the business. Such agency is found upon a contract, either express or implied. 9. Section 219 clearly provides that in the absence of any special contract, payment for performance of any act is not due to the agent until th......all be their agreement. 13. The next point is whether, even if it is assumed that there was an agreement to pay commission to writ petitioner, such commission could be recovered by invoking writ jurisdiction. The answer to this point is in negative. The writ petitioner's remedy lies in the ci..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....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. ......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. ......onsider it beneficial to quote section 6 of the Act in its entirety which is as under: "6. Jurisdiction of Administrative Appellate Tribunal.—(1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribunal...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: ...... 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: ...... 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: ..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....mes in the share register of the company in place of respondent No.1. 2. It is stated in the application that the petitioners together held fifty percent shares with the respondent No.1 out of the total paid up capital excluding those shares put up in the market for public subscription in M/s Pap......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......maintainable inasmuch as in the agreement the company was not a party and the petitioner Nos.2‑5 were not the signatories of the agreements and as such the petitioners are incompetent to invoke the jurisdiction of this Court under section 38 of the Companies Act. It is not disputed that the petiti..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......rocedure having been made either in the Passport Order or in the Rules framed thereunder, the impugned action is violative of Article 27 of the Constitution, being discriminatory, inasmuch as, in the absence of any guiding principle as to the procedure to be followed in revoking or cancelling the pa......tution and that of Articles 4,9 and 15 of the Pakistan Constitution. 23. Mr. Aminul Huq in support of his contention has referred to the case reports in (1978) 1 Supreme Court Cases, 248 of Indian jurisdiction (Popularly known as Maneka Gandhi's case). Of course the facts of that case are quite d..Category: Constitutional Law | Date: | Hits: 288
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