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....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......st the award there is provision for appeal and admittedly the petitioner preferred an appeal and as such this application is not maintainable.
7. Mr. A K Badrul Huq has referred to an unreported decision made in Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention ..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......pon to show cause why they shall not be restrained from importing single phase electrical meters into this country in violation of Import Policy Orders 1989‑91 and 1991‑1993 and Government Policy decisions in this connection.
4. Single phase electric meter is mainly required by the responde..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ....................... section 26 of the UP Ordinance ..........provides that “no election shall be called in question except by an election petition before the tribunal". In coming to the decision in the case of the Secretary of State Vs. Mask & Co., their Lordships of the judicial C..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......f fundamental rights about the vires of a law, this Court has exclusive jurisdiction to entertain the application so far as it relates to the voidability of the impugned Rules are concerned to give a decision in the matter.
8. Mr. Abdur Rab Chowdhury learned Advocate appearing for the responden..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......nature and character of the suit and the defendant‑petitioner has been seriously prejudiced thereby and thus the learned Subordinate Judge has committed an error of law resulting in an error in his decision occasioning a failure of justice in passing the impugned order which is liable to be set as..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......
Judgment
Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should no..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......next following month, the landlord shall be deemed to have waived the default and consequently he cannot make it a ground for eviction of the opposite party. In this connection he has referred to the decision in the case of Md. Golam Hossain Vs. Mst. Asia Khatun reported in 40 DLR (AD) I where sever..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......ixing minimum wages, as a measure of protection against exploitation by the employers. Section 9 provides for constitution of Wage Board for fixing the rates of wages. Section 10(3) provides that the decision of the Wage Board fixing rates of wages shall be communicated as soon as practicable to the..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......earing for the opposite parties, made his submission in support of the said judgement. Mr. Dastagir Hossain at the outset contends that the learned court of appeal below committed error of law in his decision in decreeing the suit on the basis of oral contract for the sale of immovable property whic..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......der section 366 of the Penal Code, namely kidnapping, the age would be referable to the age as in the Majority Act and not as to the Penal Code and Mr. SS Haldar in support of this view referred to a decision of a Division Bench of this Court reported in 42 DLR at page 297 where according to the lea..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......tinent where for the first time the former President of a country is being prosecuted in the Criminal Court on the allegation of keeping illegal arms and hence the case deserves due consideration and decision by this Court as to whether the continuation of the proceeding is an abuse of the process o..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......een years of age be allowed to go wherever she desires. Mr. Nasiruddin Chowdhury, the learned Advocate appearing for the opposite party No.1, maternal grandfather of the victim girl has relied on the decision reported in 10 BCR 44 and 42 DLR 79 in support of his contention that the victim girl being..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......ion or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would be binding except in..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... trial Court this conclusion of the lower appellate Court is not at all sustainable in law. 6. Mr. Abdur Rashid also argued that the lower appellate Court committed a serious error in law in its decision in finding possession of the defendants although the defendants did not specifically d..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......ea of innocence and, relying on Siraj Vs. Crown, 9 DLR SC 177, acquitted the accused. 8. On behalf of the State it is contended that the learned Judges of the High Court Division misapplied the decision in 9 DLR SC 177 in the instant case as the evidence of P.Ws.2, 3 and 9 shows the complicity..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......ms on which the officiating post had been given. It is in no way a punishment and is not, therefore, a reduction in rank." 13. The Pakistan Supreme Court consistently held in a number of decisions that reversion of an incumbent to his substantive post from the higher post to which he wa..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ithin the meaning of PO 16 of 1972. He further urges that the Court of Settlement in absence of any material to show that the Government formed its opinion that building is an abandoned property, the decision of the Court of Settlement suffers from excess of jurisdiction. He also contends that enlis..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......tion for pre‑emption, the pre‑emptor's application for pre‑emption was hit by the rule as to bar of partial pre‑emption; on this finding the appellate Court reversed the trial Court's decision and dismissed the application for pre-emption. 3. Pre‑emptor challenged this decisi..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......d by the High Court Division, Comilla Bench, in Civil Revision No.12 of 1984). Judgment Shahabuddin Ahmed CJ.- In this appeal the only question is whether a suit challenging the unanimous decision of a Village Court, constituted order the Village Courts Ordinance, 1976, is maintainable o..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......ng. Truly, the substratum of the Company is gone. For the reasons stated above, we do not think that the learned Judges of the Division Bench have acted properly and correctly in overturning the decision of the learned Company Judge. In the result, therefore, the appeal is allowed without any o..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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