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Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner, one of the proprietors of M/s. Nowab ..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... to explain her alleged shameless, malicious and indecent conduct. The accused No.1 (opposite party No.2 herein) on receipt of the said letter dated 22nd July 1985 from the Head Master instructed her lawyer Mrs. Sigma Huda, the accused petitioner, to write and send a proper reply to the said letter ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......notified contiguous land holder who came to know about the transfer in Sravan 1380 BS and not at the time when it was transferred, that the case is not barred by limitation and that he is entitled in law to pre‑empt the case land. On the basis of these findings he allowed the application of the pr..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......ublication of the notice. So, judging the facts of the case in the light of the principle laid down in the above‑mentioned case I am of opinion that the learned District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the setting..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......al frequently on the prayer of the defence in spite of appearance of the prosecution witnesses on the ground of absence of any accused over‑looking provisions of section 339B Cr.P.C. is contrary to law and should be discontinued. 14. In this case we have already noticed that the seizure list wi..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......r the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the Reference App..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ts appeared before the High Court Division on 8-6-2010 and prayed for anticipatory bail on the apprehension that if they surrender before the Court below, they would not be treated in accordance with law and would surely be given to police remand. 4. The High Court Division, after hearing, by its..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......ause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. In the said petition it has been stated that on 29...Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......plication before this Court and obtained the instant Rule. 5. Mr. Hasan Foez Siddique, the learned Advocate appearing for the defendant‑petitioner, submits that the learned Courts below erred in law on the fact of the record in decreeing the suit for Specific Performance of Contract without any..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50 and the decision in the case of Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485. There is no dispute regarding the proposition of law that a person who was‑not a party to the suit may prefer an appeal if he is affected by the ju..Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbitrar..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......owers for the package-1 and package-3 respectively. But the respondent No.1 without factory inspection and observation of the said destruction test for other two companies and outside his authority unlawfully approved M/S JV Desh Engineering and Development Agency and M/S Simon Inter Trade Pvt. Co. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......luka Upazila Munsif. A petition was also filed on behalf of the plaintiffs on 20.9.86 asserting that the suit is maintainable and it can very well be tried by the Munsif, Bhaluka Upazila according to law. The learned Munsif after hearing the parties by his order dated 20.9.86 held that the suit is n..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166....... aggrieved the petitioner has called in question the legality of the order in this Rule. 3. Appearing on behalf of the petitioner Mr. Nurul Huq, submits that the Tribunal has committed an error of law resulting in an error in the decision occasioning failure of justice in not dismissing the elect..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......ppellants was illegal, we may refer to sub‑section (1) of section 6 of the Children Act, 1974 which reads as follows: "Notwithstanding anything contained in section 239 of the Code or any other law for the Lime being in force, no child shall be charged with, or tried for, any offence together ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......74, was not made party in the suit. Hence, this Rule. 8. Mr. Mihir Kanti Majumder, learned Advocate for the plaintiff‑petitioner, submits that the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in reversing the decree wit..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......ccessful in keeping him out of the office for most of the period in connivance with the local Government machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation of the Government's opinion for his suspension in vi..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ....... Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangladesh and the then Pakistan she could not immediatel..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137....... with the technicalities of Labour disputes in the. only competent Court to try such special offence and under the provision of section 29 of the Code of Criminal Procedure offences under the special law shall be tried by the Court mentioned in the special law and as such jurisdiction of the Upazila..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and constitution of far-reach..Category: Civil Law | Date: | Hits: 113
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