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Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......ints, but it has been submitted on behalf of the opposite party that when both the Courts have come to a concurrent, finding on the primary question that plaintiffs have no prima facie case, then the absence of any specific finding on the other 2 points about the balance of convenience and inconveni......urts below on proper consideration of the materials on record and the same is neither arbitrary nor fanciful nor contrary to law. So, this court should not interfere with the same in its revisional jurisdiction under Section 115(1) of the C.P.C. In this connection he has referred to some decisions..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......ten objection to the application under Order 1, Rule 10(2) for striking his name from the plaint and no affidavit-in-opposition has been filed by the opposite party No. 1 in this rule, yet for mere absence of such objection it cannot be said that presence of the opposite party No. 1 is not necessa......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......aken on 5.9.83." Para 13 of the plaint is the "Valuation statement: The suit being suit for mandatory injunction which has no market value, the plaintiff puts his own valuation at TK. 300/00 for both jurisdiction and Court fees....." 14. In determining the nature of suit for the purpose of court ..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......xplaining his own position before the enquiry officer and of examining his own witnesses. Nothing has been produced to show that the said Mr. Md. Yeasin was examined as a prosecution witness in the absence of the petitioner or that he was not allowed to cross-examine Mr. Md. Yeasin. In that view o......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......here is no allegation as to damage to the cargo, no allegation as to delay and deviation and no allegation as to loss of price of the cargo when the same was unloaded and delivered to the owner. In absence of any of the said allegation the contention of the learned Counsel of the petitioner that t......rage guarantee. The salvage contractor had already made demand for the encashment of the guarantee and in the event of the defendant No. 1 going out of the tidal water of Bangladesh /and out of the jurisdiction of this Admiralty Court the plaintiff will have no remedy other than the remedy sought ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......bmitted during inquiry and no substantive piece of evidence warranting an order of the kind passed by him. He has, in fact, quashed the proceedings which as an Additional Sessions Judge he has no jurisdiction to do. 10. Mr. Moinul Huq, learned Advocate for the 2nd Party—opposite parties, on..Category: Criminal Law | Date: | Hits: 32
Wahid Halder Vs. Election Commission & others, 1988, 17 CLC (HCD)
....r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...Category: Election Law | Date: | Hits: 80
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
..... Under Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and vacation of office) Rules, 1986, herein after referred to as the Upazila Rules, not less than two thirds of the total number of representative members, so far the present case is concerned at least 8 such members......d." Section 16 runs as follows:- "16. Acting Chairman.- (1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union Parishad from amongst the elected......Town Committees would be elected by the elected members, but under article 11 (5) only the elected Chairman of the Union Council was given the right to be the member of the Thana Council within whose jurisdiction such Union was situated. 12. In the Local Government Ordinance, 1976 (Ordinance No..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......f tenancy but no tenant shall be entitled to the benefit of section 18 unless he pays rent due by him in respect of such premises within the time fixed in the contract with the landlord and or in the absence of any such contract by the 15th day of the month next following that for which the rent is ......ncurrent finding of fact to the effect that the defendant was a defaulter, having found on the basis of evidence on record, need not be interfered with by this Court in exercise of its revisional jurisdiction. Mr. Chakladar further submitted that the plaintiff is a retired Government servant and..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....he last 13/14 years. Further, O.P.W.2 Ayub Ali son of Tozamber Ali, the vendor of Bolaram Sil, testified that he and his father used to barga cultivate the land after it was sold to Balaram Sil. On a total non-consideration of the aforesaid material evidence of all the witnesses of the appellants th......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ...... pre-emption was not barred by limitation. There being a total non-consideration of all the witnesses of the pre-emptees, the learned Single Judge acted wrongly in refusing to exercise his revisional jurisdiction in a case where due to non-consideration of the material evidence on record an erroneou..Category: Property Law | Date: | Hits: 36
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....serted that the plaintiff filed the present suit with false and frivolous allegations for making illegal gains. 4. Soon after filing of the aforesaid written statement by contesting defendant No.1 totally denying the transaction, the plaintiff filed an application before the learned Subordinate J......decree for money instead of a decree for specific performance of the contract by making out third case and the same has occasioned failure of justice. The learned Advocate further submits that in the absence of any pleading for hardship by stating even one word about it in the written statement as w......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... it is another to feel sorry. The learned Judge who delivered the judgment observed that the Court cannot subscribe to the slap-say sorry and forget ‘school of thought in administration of contempt jurisdiction’. 14. In the result the Rule is made absolute in part petitioners are not directly..Category: Civil Law | Date: | Hits: 70
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871....... in the suit land and disbelieved Kalai's acquisition of title and these being findings of fact are immune from interference by the High Court Division exercising the revisional jurisdiction in the absence of any misreading or non-consideration of the evidence on record in arriving at such fin......ld superior interest in the suit land and disbelieved Kalai's acquisition of title and these being findings of fact are immune from interference by the High Court Division exercising the revisional jurisdiction in the absence of any misreading or non-consideration of the evidence on record in ar..Category: Property Law | Date: | Hits: 30
....us objections. In spite of national outcry against such appointments, the alliance Government confirmed 17 Additional Judges as Judges of the High Court Division. The alliance Government appointed in total 45 Additional Judges and confirmed 42 of them and one was removed by the President on the basi......f customs or usage, namely, right to light or right to pathway, which do not form part of any codified law but are enforced by the Courts in Bangladesh as a law of the land.
117. Similarly, in the absence of written provision for consultation since 1975, consultation with the Chief Justice before......itutional convention of consultation with the Chief Justice is no less than the preservation of the independence of the judiciary.
53. He submitted that the constitutional jurisprudence from other jurisdictions in South Asia, particularly India and Pakistan, have elucidated the critical importanc..
Category: Constitutional Law | Date: | Hits: 252
....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
....... The writ petitioners without any objection to said condition submitted their applications.
7. The learned advocate for the leave petitioners submitted that the High Court Division acted beyond jurisdiction in directing issuance of appointment letters, and that the High Court Division could ha..
Category: Employment/Service Law | Date: | Hits: 86
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
...... and order of the Court of Settlement is illegal; that in view of its aforesaid own finding the High Court Division ought have made the rule absolute and that the High Court Division acted beyond its jurisdiction in discharging the rule after holding that the documents of the writ petitioners be..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....s were in possession. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereaft...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....acre, Dag No. 217 part, land 0.50 acre, Dag No.221, land 0,55 acre, Dag No.222, land 0.22 acre, Dag No. 223, land 0.13 acre corresponding to khatian Nos.49,120,116, 53, 47, 42"; 59, 95 11, 99, 978 in total measuring about 4.53 acre of land were acquired by respondents under the Acquisition and Requi...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ion to assess and reassess the award/compensation as per Section 8(1)(a) of the said Ordinance is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ jurisdiction. In view of the above, we find no substance in the submissions of the learned Coun..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....iew that “It is the welfare of the child which will be of paramount consideration. A mother who married to a stranger loses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a conside...... her child’s paternal uncle, it is expected that they will treat the child kindly: Hedaya, 138. But in cases when the paternal uncles are found acting, against the interest of the minor, and in the absence of any other better claimants, this rule does not appear to bar the Court to declare or appo......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ..Category: Family Law | Date: | Hits: 179
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