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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: ...... J.- In this application under Article 102(2) (a) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents 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 re..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... 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: ......appellant preferred the instant First Appeal before this Court. 7. Mr. M. Khaled Ahmed, the learned Advocate appearing for the appellant in the course of argument has taken us through the impugned order passed by the Artha Rin Adalat, deposition of witnesses namely, P.W.-1 and D.W.-1 and other ma..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....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. ......Title Appeal No.177 of 2005 and affirming that dated 08.06.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Relevant facts for the dispos..

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: ......………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Ra..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ffice or fran­chise might be determined. It also lies in cases of non-user, abuse, or long neglect of a franchise." (Halsbury—Laws of England, 4th Edition, Volume 1, Paragraph 169). 36. Broadly speaking, the quo warranto pro­ceeding affords a judicial inquiry in which any per­son holding an ...... 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 passed as to this Court may seem fit and proper. 2. The case of the petitioner, a..

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. ......ur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy o..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....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.......etitioner New Eastern Trading Corporation Limited represented by its Managing Director, from service in its factory at Kanchpur, PS Sonargaon, District Narayangonj) to show cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....Penal Code read with section 5(2) of Act II of 1947 where a public servant is involved the prosecution is bound to obtain sanction to prosecute such public servant and such sanction order should be a speaking order and it cannot be just a mechanical sanction order. He argued that the sanction order ......wo appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant Sessions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge u..

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. ......t or other proceeding to show in it that a document or a decree has been proved against him by his adversary, in that suit was obtained by fraud without having 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 jud..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....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. ......e property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house property on the ground that allowances given by th..

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. ......um and Abdur Rashid, Advocates ‑ For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an application filed under section 10 ..

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. ......f 1988 (Jessore). Judgment DM Ansar Uddin Ahmed J.- This rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the order passed on 6.1.88 by the Subordinate Judge, 2nd Court, Khulna adding two persons as opposite pa..

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....... - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Building Dhaka, und..

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. ......For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawful authority and is o..

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. ......ullah, Advocates - For the Respondents. Appeal from Original Order No.539 of 1991 with Civil Revision No. 105 (FM) of 1991. Judgment Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Su..

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. ...... registered document filed in the lower appellate Court under Order 41 rule 27 CPC as an additional evidence which would show that defendant got the land by purchase from other co‑sharers. From the order sheet of appellate Court record it appears that application supported by affidavit was filed b..

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. ......and the impugned judgment passed by the learned Additional District Judge, in Title 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. ..

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....... No.70 of 1986 (Comilla). Judgment Abdul Hasib J.- This Rule was issued calling upon the Deputy Commissioner, Feni, and complainant opposite party No.2, to show cause as to why the judgment and order dated 7.6.86 passed by Sessions Judge, Feni, in Criminal Appeal No.131 of 1985, dismissing the..

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.......hich no appeal lies thereto, and if such subordinate Court appears to have committed an error of law resulting in an error in the decision occasioning failure of justice, the High Court may make such order in the case as it thinks fit." 8. By the Ord. No. XLVIII of 1983 amendment the words "appar..

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. ......Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of E..

Category: Employment/Service Law | Date: | Hits: 82