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Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....he workers on technical grounds. The Labour Court having found the order of dismissal of the petitioner not tenable in law had no option but to do justice to the petitioner. 7. It appears from the prayer Portion of the petition of complaint filed before the Labour Court that the petitioner prayed......ed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgment and order and other materials on record submi......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....te for the petitioner, submitted that only case of the applicant in the election petition was for re‑counting and there was no mention of any double seal on any ballot papers. In Ext. 'Ka' it was a prayer for re‑counting and all other rest allegations are vague and unspecified. He submitted that......o.1 being applicant filed Election Tribunal Case No.8 of 1992 in the Court of the Assistant Judge and Election Tribunal, Chandpur impleading the present petitioner as opposite party along with others for a declaration that the election of the returned candidate namely; present petitioner of No.10 Ta......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....tions. 3. During the trial while the D.Ws. were being examined, opposite party No.1 filed an application for re-counting of the ballots polled in the disputed centers. The petitioner opposed the prayer. By an order dated 10.07.1986 the Election Tribunal was pleased to allow the application. ......rder dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. 2. The petitioner and opposite parties Nos.1-3 contested the election......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..Category: Election Law | Date: | Hits: 309
....s Judge, 4th Court, Dhaka) that in Sessions Case No.155 of 1989 under section 302 of the Penal Code corresponding to Mirpur PS Case No.31(7)88 the Government through the Public Prosecutor submitted a prayer for permitting the Government to withdraw from the case and that Mr. Md. Shamsher Ali, Additi...... Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limi......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521...
Category: Criminal Law | Date: | Hits: 105
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
..... The plaintiff petitioner has filed an application for amendment of the plaint under Order 6 rule 17 of the CPC in this Court. The said company having not been made defendant in the suit land and no prayer being made for recovery of possession of the suit land, we do not find any illegality in the ......ed 18.3.89 passed by the Subotdiuate Judge, Natore in Other Class Suit No.45 of 1988 should not be set aside. 2. It appears that the plaintiff appellant petitioner instituted other suit No.45 of 1988 for declaration of title in the suit land against the defendants. Admittedly the plaintiff appellant......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ..Category: Procedural Law | Date: | Hits: 130
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
.... on 24.3.1992 praying for time to file written statement. The said application was posted for hearing on 8.4.1992. On 8.4.1992 the defendant filed another application supported by an affidavit with a prayer for leave to appear and file written statement within a month but the plaintiff also filed an......2 allowing an application by the defendant under Order 37 rule 4 of the Code of Civil Procedure and also the subsequent orders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respectively. 2. Short fa......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....ms Act, 1969, read with sub-section (1)(kha) to section 42 of the VAT Act, (মূল্য সংযোজন কর আইন, ১৯৯১) (১৯৯১ সনের ২২ নং আইন), the prayer for waiver of deposit before filing of the appeal, could be waived, due to hardship of the ......f the People's Republic of Bangladesh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is summarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 280
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....” written after the schedule of the lands in the last portion of the said Ext. 6 is a subsequent interpretation made by the plaintiffs after taking back the said document from the court when their prayer for temporary injunction was refused by the Court below on 28.2.79 on the finding that the pl......e J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Tit......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....nd defend had expired, to extend the time. From perusal of the order sheet of the instant case it appears that on 6.11.88 court issued summons fixing 7.12.88 for return of service but on that date on prayer of the opposite party it again fixed 23.11.88 for filing written statement. But by an order d......8, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institut......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....h enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit." 28. The Court of Settlement therefore is competent a......titioner was an Army Havildar and freedom fighter soldier. The petitioner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....site party on 27.8.88 at Tk. 5,45,000.00 as the highest bidder from the receiver and the bidder-opposite party deposited Tk. 2,72,500.00 being 50% of the bid money on the date of auction and on the prayer of the bidder Magistrate allowed fifteen days' time to pay the balance money and the bid was ......f 1989 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..Category: Others | Date: | Hits: 172
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....nate Judge of the Artha Rin Adalat, heard both the sides, perused the application for attachment and the written objection thereto and passed the impugned order dated 26.1.91 allowing the plaintiff's prayer for attachment of the scheduled properties in question of the defendant. 3. Being aggrieve......inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....bmits that subsequently on 31-8-2004 the present appellant filed an application for allowing him to contest the suit by filing written statement, the learned Judge in the trial Court rejected their prayer and accepted the compromise petition filed by the other defendants and decreed the suit on th......in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defendants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....ined. Thus we are of the view that ends of justice will met if a chance is given to the accused petitioners to re-call and cross-examine P.W. 2, P.W.3 and P.W.4. On the above mentioned points. If the prayer for recalling and re-examination of these P.Ws. are not allowed, the accused petitioners will......lice station case No.33 dated 16-6-2001 under sections 147/148/149/323/234/326/307/302/114 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the witnesses should not be set aside. 2. The facts relevant to......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....re. The Learned Sessions Judge ordered to put the application on the next date 24.01.1983 when she filed another application for sending the alleged signature of the executor for expert opinion the prayer was rejected. On 24.01.1983 the petitioner filed another application for calling for the alle......sain, Advocate -For the State. Criminal Revision No.11 of 1983. Judgment Anwarul Huque Chowdhury J. - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistr......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....ble personally for the decretal amount. 15. The decree-holder, however, has no right in this proceeding to enforce the mortgage to realise collateral security involving immovable property. The prayer for execution of the decree buildings mentioned in Annexure A cannot be allowed in, this proc......tes -For the Petitioner. Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexu...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105....... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....e Judge has found that the defendant No.3 being a lessee under defendant No.2 in partial possession of the suit premises the plaintiff's suit as framed for declaration is not maintainable without a prayer for consequential relief by way of recovery of possession and that the question of issuance o......rt, Brahmanbaria, passed in Title Suit No.156 of 1982. 2. The petitioner No.1 as plaintiff instituted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent injunction that the order of defendant No.2 the Sub-divisional Offic......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
.... hardship and moreover, it is only due to the part of the Advocate that the suit was decreed ex parte and so she should not suffer for such laches on the part of her learned Advocate and further, the prayer for specific performance of contract is also liable to be rejected on the ground of hardship ......gainst the judgment and decree dated 24‑3‑92 passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant N......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....n and obtained the Rule from this Court. 8. Mr. SM Abul Hossain learned Advocate appearing on behalf of the petitioner in Civil Revision No.1919 of 2009 submits that they submitted very innocent prayer for recording the evidence of the witnesses of defendant No.3 by the Advocate Commissioner.......re heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revision made by the defendant No.3 (petitioner herein) under section 115(1) of the Code of Civi......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....n and after hearing the learned Advocates it appears to me that the application filed by the petitioners as well as the Civil Revisions were not drafted properly, but under the provision of law the prayer made by the petitioners deserve consideration. Order XLI, rule 27(1) and 27(2) of the Code ......erties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For the Petitioner (In Civil Revision No. 4743 of 2007). SH Md. Nurul Huda......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
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