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Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....ation in the proper Court is appealable under rule 1(a) of Order 43 of the Code of Civil Procedure and the appeal lies before the District Judge according to the valuation of the suit and there being provision of appeal the revision before the High Court Division without first moving the Court of ap......shall be instituted in the Court of the lowest grade competent to try it. 16. Suits to be instituted where subject‑matter situate, subject to the pecuniary or other limitations prescribed by any law." In support of his contention the learned Advocate for the petitioner has cited the case of ..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....e petitioner was misconceived and incorrect, that the respondent No. 2 legally and lawfully registered respondent No. 1 Union and issued certificate of the registration in its favour according to the provision of the Industrial Relations Ordinance, 1969 and that the writ petition is baseless, null a....... 2 given under order dated 5.12.84 (Annexure C‑3) and 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..Category: Labour and Industrial Law | Date: | Hits: 115
Khokan Vs. State, 1990, 19 CLC (HCD)
.... Powers Act, 1974. He contends that the notification made by the Magistrate under section 339B Cr.P.C. is not a legal and proper notice, in view of the fact that the Special Powers Act made a special provision for notification under section 27(6) of the Special Powers Act, in view of section 5(2) of......r section 27(6) of the Special Powers Act, in view of section 5(2) of the Code of Criminal Procedure which requires that the special case should be tried as per the procedure laid down by the special law and the special law would get preference to the general law which is superseded by the special l..Category: Criminal Law | Date: | Hits: 67
.... is being followed in the Indian Jurisdiction so long; but since 1962 there was a radical change by Article 98(2)(b)(i) of the 1962 Constitution of Pakistan in a language Substantially similar to the provision of Article 102 (2)(b)(i) of our Constitution and the Supreme Court of Pakistan in a series......udud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime ..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....to the prayer for decree and the suit was liable to be dismissed. 5. The defendant No. 5 also contested the suit by filing another written statement contending, inter alia that no notice under the provision of Town Improvement Act was served upon the defendant before filing the suit and as such t......en it came to the light the matter was attempted to be compromised out of Court and a petition of withdrawal of the suit was filed on 15.9.1981 and as such the suit was not in existence in the eye of law on the date of filing Title Suit No. 417 of 1982 by the defendant No. 2. The defendant never avo..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....e erred in law in contradicting himself and thus he erred in law resulting a error in his decisions causing failure of justice in allowing the Miscellaneous case for restoration as required under the provisions of order 9 Rule 13 of the Code of Civil procedure. There being iota of evidence or materi......of the Code of Civil Procedure are all false, concocted, motivated and without any basis; that the summons and copies of the plaint were duly served upon them by the process server in accordance with law before so many witnesses; that they had full knowledge about the institution of the Title Suit N..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....minor is old enough to form an intelligent preference, the Court may consider that preference. The Court when considering any matters relating to the custody of the child should also keep in mind the provision of Article 3 of the CRC, which provides that in all actions concerning children, whether u......nd control over the child. 4. Family Suit No.322 of 2005 filed by the petitioner and Family Suit No.484 of 2005 filed by the respondent proceeded simultaneously and the instant petitioner’s lawyer advised her to settle the matter amicably. On 03.04.2006 two solenamas were executed, one for..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: ......ase money for the 1418 BS 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..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ould not made without giving notice and without hearing the persons affected and also the Chairman of the Paurashava, and hence, the entire proceeding has been vitiated for violation of the mandatory provisions of law. 7. Mr. Jamir Uddin Sircer, learned Senior Counsel appears along with Mr. Abdu......oners in Civil Appeal No.218 of 2007 and on behalf of the petitioner in Civil Petition for Leave to Appeal No.126 of 2006 submits that the High Court Division did not consider whether the respondents lawfully exercised the power under section 4 of the Paurashava Ordinance, 1977 in curtailing the are..Category: Election Law | Date: | Hits: 152
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. ......reviewing order of the Land Administrative Board. The High Court Division upon hearing the parties made the Rule absolute declaring the order of the Land Administration Board as had been made without lawful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
....ing unsuccessful in the test. II. Whether Administrative Appellate Tribunal was justified in not holding that the respondents had joined in their service on 07th September, 2009 and there being a provision empowering the Election Commission terminating service of those employees if they are foun......ed by the High Court Division in Administrative Appellate Tribunal, Dhaka in Appeal Nos.134, 139, 143 and 144 of 2009.) Order Surendra Kumar Sinha J. - The subject matter of these petitions and law points involved are identical. Accordingly, these petitions are disposed of analogously by t..Category: Administrative Law | Date: | Hits: 188
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....at defendant No.1 without getting the issues involved in the suits settled, preferred an application seeking dismissal of the suit as being barred by res judicata. The application is silent as to the provision under which it was filed. The learned Advocate for the petitioner frankly concedes that it......r and obtained the present Rule. 3. Appearing on behalf of the petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..Category: Property Law | Date: | Hits: 80
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....a workman who has been injured shall, where the workman is dead, include a reference to his defendants or any of them." In this case the applicants did not satisfy the requirement of the aforesaid provision of law as they failed to prove that Manu Mia was employed as 2 workman under the opposite ......ays Agency. He also field that the claim was barred by limitation under section 10 of the Act. 5. The learned Advocate for the appellants first, submits that the Commissioner committed an error of law in holding that there was no relationship between the deceased Manu Mia and the opposite party M..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
.... a written objection against the aforesaid application filed under Order 7, rule 10 of the Code of Civil Procedure denying the material allegations made in the application. It is his case that if the provisions of the Admiralty Court Act, 1861, are considered together, it appears that the insurer is......he aforesaid decision the four learned judges were unanimous and all concurred the view as expressed by Blackburn, J which are as follows: "I am of the same opinion, the general rule of the common law was that where necessaries were supplied to a ship at home the Court of Admiralty had no jurisdi..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....3, "That Advocate Mr. Abdus Sobban threatened us with dire consequences at Kowkhali on 5.10.68 alleging that he will finish us by starting false case against us under section 395 PPC and under the provisions of the DPR either by themselves or by the party men. (iii) In paragraph 14. "That t...... in the University of Maryland in USA. The second son of the plaintiff namely Azmal Sobhan is an MBBS of the Dhaka University and is now undergoing higher stadies in USA. The Plaintiffs father‑in‑law late Khan Bahadur A Jalil Khan was a Zamindar of Vikrampur and a Member of the then Bangladesh C..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. ...... of the Code of Civil Procedure is, no doubt, discretionary but the same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
.... humiliation by means of unjustified arrest; (d) that it should be otherwise a fit case on merits for exercise of discretion in favour of the petitioner for the purpose of bail. In this behalf the provision contained in section 497, CrPC would have to be kept in mind. (e) that unless there is ......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. We are of opinion that the principle of law laid down in that case is applicable in the facts of the present case. Mr. Khandker Mahbub Ho..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....it further puts a bar to entertain any suit, application appeal or other proceeding in respect of such claim. 8. Under President's Order No. 72 of 1972 which came into force on 28th June, 1972 the provision of the old section 87 was replaced by new section 87 in the following terms: "RIGHT IN ...... lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th November, 1972 Presiden..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....intention to use the said mark for toilet soap. The registration of respondent No. 1 under No. 23048, Class (3) does not suffer from any legal infirmity and the same has not been obtained against any provisions of Trade Marks Act and the Rules. 3. It is further stated that on 30.10.85 the respond......for their Toilet Soaps. So, accordingly registration to respondent No. 1 leaving aside the application of the petitioner company, who had reasonable and legal grounds to apply, cannot be sustained in law. In the result, this Rule is made absolute and registration No. 23048 dated 31.8.87 given by ..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....ll three months after the decree for dissolution of the marriage i.e. during the period of her iddat. 9. So far as the question of past maintenance for the child is concerned, there is no specific provision in the substantive law and Mr. Saha has relied on the decision in the case of Mst. Ghulam ......90. 7. Section 278 of Mulla's Principles of Mohamedan Law (Eighteenth Edition) runs as follows: "278. Order for maintenance.- If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past mai..Category: Family Law | Date: | Hits: 253
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