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M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....at on the date when the learned Senior Advocate was engaged, the petitioner knew that the learned Senior Advocate will not be able to appear on that date and as such the petitioner ought to have made alternative arrangement in view of the fact that the case was fixed for that date. The application f......l Huq on that date was engaged in the High Court Division and as such an application for adjournment of the case on that ground was filed before that court. The learned Subordinate Judge rejected the prayer. Another application was filed by the petitioner after the rejection of his first application..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......te after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessary to prosecute the police officer and constables under section 197 Cr. P. C. prayer for taking cognizance of the case was rejected. The petitioner thereafter moved this Cou..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......o the conclusion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The Hig..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......d Letters of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the transfer even by a will was prohibited, and so the prayer for grant of Letters of Administration could not be sustained and in that view reversed the d..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......l and having been made without lawful authority and also for cancelling, withdrawing and/or rescinding it. Subsequent to the issuance of the Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate him in the posts held by him in the Institute. 4. Fact..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ...... appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask for temporary injunction agains..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......l Appeal No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attachment before judgment under Order 38, rule 5 of the Code of Civil Procedure. ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......rul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of 1973 allowing plaintiff's prayer for amendment of the plaint. 2. Facts giving rise to the present rule are as follows: ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......fendants from holding fresh poll in Ward No.2 on 15.4.84 or on any subsequent date. By order dated 8.4.84 the learned Munsif asked the defendants to show cause within seven days against the prayer for temporary injunction and in the meantime restrained the defendants from publishing the re..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......nsideration money of Rs. 350/- made earlier on 11-3-70. The Plaintiff again made another application on 17th February, 1972 for converting the application to one under Order 9, rule 4 and this prayer was allowed, It is to be remembered that this order in substance is one of review, and that ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 .......W.1 Shahidul Karim, a brother of the deceased, lodged an information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the Police dead body of the victim was disinterred and another post-mortem was hold by a B..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......resh hearing. Thereafter the case was heard for the third time by the learned Munsif, 1st Court, Pirojpur. This time the learned Munsif by his order dated 30.11.76 dismissed the case and rejected the prayer for pre-emption holding that the case was not maintainable under sub-section (1) of section 9..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......s it relates to Annexure 'C' to' the petitions, to the extent stated above are made absolute. 54. The Rules are accordingly disposed of without any order as to costs. 55. On the prayer of the learned Assistant Attorney General the operation of the order is stayed for a week, bu..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......ending, inter-alia, that the suit was not maintainable and raised several other objections as to valuation, Court fee, etc. They further alleged that the suit was not maintainable in the absence of a prayer for recovery of khas possession. The defendants contended that the plaintiffs acqui..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ch it is violative of the Corporation's Service Regulation. 5. Mr. Hasib has, at the last resort, raised the question of maintainability of the Writ Petition taking the ground that there was alternative remedy against the impugned order by way of appeal which was not, however, availed of by......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......, an application was filed on 24.2.73 by the appellant and others for dispensing with the service of notices upon all those respondents who did not appear or contest the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......after moved this Court and obtained the present rule. 3. There is appearance by two learned Advocates on behalf of Respondent No. 2, one of whom was subsequently elevated to the Bench and on the prayer made on behalf of Respondent No. 2 adjournment was granted for two weeks to enable him to eng..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2