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Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ender the whole order illegal and that the order would not be valid with respect to the subsequent period. We may quote the relevant portion of the judgment which reads thus: "In this connection a question no doubt arises as to whether an order of dismissal which is bad in the circumstances discu......rity and to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. i..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......itute the present suit; defendant No.1 since dead, during her life‑time filed a written statement on 18.9.88 to contest the suit contending, inter alia, that she decided to sell out the property in question to defendant Nos. 2 and 3 after obtaining necessary stamps from the treasury and ultimately......dvocate appearing for the defendant‑petitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted in failure of justice. Hence the impugned order should be set aside so far ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......move the petition was not the High Court but the District Judge. The next cited case is the case of Arts Council of Pakistan Vs. Raizuddin Pirzada reported in PLD (Karachi) 1969 P 349 wherein similar question arose and it was decided that the appeal could be filed in the District Court against the i......n the opposite parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......nd the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made any lawful authority and is of no legal effect. 2. The facts leading to this rule, in short, are that the petitioner No. 1 is a private limited Company wit..Category: Labour and Industrial Law | Date: | Hits: 115
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......hat the person in detention is not so hold either without lawful authority or in an unlawful manner and interpreted the phases stating that the expression “without lawful authority" comprehends all questions of the competency or the vires of an enactment, that is, there must be a competent law emp...... made purely for collateral purpose to creates hurdle on the part of the detenu to contest the ensuing election of the Parliament, that the ground of detention of the detenu in the present context of facts has become totally non‑existent and there is no reasons to pass such an order of detention w..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......fic performance of contract since under the provision of Section 41 Transfer of Property Act an ostensible owner can sell the property and that will not affect interest of the defendant No. 2 and the question whether defendant No. 1 was benamdar or real owner could be decided subsequently between th......ince the defendant No. 2 raised objection asserting title in the suit property provision of transfer by a benamdar under the provision of section 41 Transfer of Property Act was not applicable in the facts and circumstance of the case. Since the 1 plaintiff has not conic with clean hands he is not e..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......nd frivolous litigation is liable to be discharged. Both the parties in order to prove their respective contention examined two P.W.s and 3 D.W.s. 6. The learned Assistant Judge considering the facts and circumstances of the case and materials on record vide his judgment and order dated 23.08..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ng is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of the children which must be the determining factor in deciding the question of custody of children whether in a proceeding in the nature of habeas corpus or in a proce......evision No.4310 of 2010 disposing of the Rule, with observations and a direction upon the parties to strictly follow the terms and conditions of the solenama filed in the Family Suits. 2. The facts relevant for disposal of the instant petition, in brief, are that the petitioner Anika Ali and..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......e said fishery for the years 1416-1418 BS. Hence, the writ-petitioner filed the writ-petition being No.1086 of 2009. 4. Respondents No.1-4 filed affidavit-in-opposition stating that the fishery in question was a closed fishery and was leased out to the petitioner for the period of 1411 to 1415 BS......S in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-petitioner, respondent herein, applied for lease of t..Category: Fiscal/Taxation Law | Date: | Hits: 96
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ...... Paurashava. Both the aforementioned Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appeal No.126 of 2006, were heard together and this judgment shall govern both the matters. 2. The facts relevant for disposal of both Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appe..Category: Election Law | Date: | Hits: 152
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ...... - This Civil Petition for Leave to Appeal arises out of the judgment and decree dated 03.08.2010 passed by the High Court Division in First Appeal No.281 of 2008, dismissing the appeal. 2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff ..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......e judgment and order dated the 6th day of July, 2009 passed by the High Court Division in Appeal from Original Decree No.387 of 2003 with Civil Rule No.697 (f) of 2003 allowing the appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......authority to appoint and dismiss the respondents. Mr. Mahmudul Islam finally contended that the respondents were required to comply with the order of the Election Commission and as such, there was no question of waiver in sitting for MCQ examination, ordered by the Election Commission. 6. We have...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......f the suit on that count. The application came up for hearing on 28.6.86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order dir......up for hearing on 28.6.86. On that day the learned Munsif after hearing the parties and considering the materials placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order directing the issues to be framed, purporting to r..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......fied. In that view of the matter the contention of the learned Advocate is of no substance. In view of the findings of the Commissioner the learned Advocate fails to make out a case of "a substantial question of law" in the appeal. Where an order of Commissioner for Workmen's Compensation does not i......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ...... duty, independently of the contract which resulted in damage to the goods to be carried by the ship." 7. In the other case reported in 34 DLR (HC) 356 the learned Company Judge had considered the question of maintainability of admiralty suit before this Court after discussing in detail the histo...... as such a suit under section 6 of the Act is incompetent. I find substance in the above contention of Mr. Hafizullah. Considering the provisions of law as contained in section 6 itself together with facts of the case and decision of the Queen's Bench Division as stated above, I hold that the presen..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......These statements made in that petition are all true and were not made out of any malice nor with any motive to defame the plaintiff. As a matter of fact these were made in good faith for bringing the facts to the notice of the authorities for the sole purpose of their safety and protection. It is no..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......ground that on their own prayer, the pre‑emptors were allowed exemption from adding the said persons and so they were not entitled to make such a prayer. Being aggrieved the pre‑emptors called in question the propriety of the order in this rule. 2. Heard the learned Advocate and perused the m......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......at in a similar case their Lordships of the Appellate Division granted anticipatory bail to the petitioner Golam Sarwar Kamal of that case as reported in BLD Vol. 5 page 110. We have gone through the facts of the above case. The facts of the above case are similar to the facts of the present case. ..Category: Criminal Law | Date: | Hits: 61
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