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....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......e learned Assistant Attorney General since that without exhausting the appellate forum this writ petition is not maintainable. Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......unnessa being dead her heirs Chand Ali Pramanik Vs. Sorab Ali, reported in 8 BLC 255, this Division held: "Mere knowledge about the wrong recording of SA Khatian does not give rise to the cause of action to bring any suit, if the plaintiff does not bring such cause of action in the plaint. Limita..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......within the mischief of Order 7, rule 11 of the C.P.C. as amended which runs as folÂlows:— "The plaint shall be rejected in the followÂing cases:— (a) where it does not disclose a cause of action: (b) where the relief claimed is under valued, and the plaintiff, on being required by the..Category: Procedural Law | Date: | Hits: 174
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......hat the SpeÂcial Powers Act authorises the detaining authority to detain a person from preventing him from doing preÂjudicial acts and it is expected that the detaining auÂthority must take prompt action so that the detenu is prevented from further committing such prejudicial acts. In the present..Category: Criminal Law | Date: | Hits: 109
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ther connected papers, that the ofÂfender should be placed on trial for determining as to whether he is guilty or not, is competent to take cognizance of the offence and proceed with the trial. Such action will not come under section 27(1) of the Special Powers Act correÂsponding to an action unde..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ill the disposal of the suit. Subsequently upon an application filed by the opposite party in the said Title Suit the ComÂmercial Court by order dated 27,4.85 allowed this opposite party to initiate action under Article 33 of P.O. No.129 of 1972 for realising it’s dues. The Miscellaneous Case No...Category: Civil Law | Date: | Hits: 119
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......uld take notice under section 114(e) of the Evidence Act and start with the presumption of regularity in the official business. It is submitted that the presumption is of much greater weight when the action of the highest executive of the Republic." 15. On our proper scrutiny of charge sheet some..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......the Managing Committee is entitled to extend his probation by a further period not exceeding one year. In the instant case it appears that during the period, of probation that is upto 1‑8‑1985 no action whatsoever either to confirm or to discharge the plaintiff opposite party No.1 from the servi..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......d also the maintenÂance of the child fixed by the appellate Court. Send down the Lower Court's records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......hers reported in 31 DLR (AD) 298. The learned Advocate for the plaintiff-respondent-opposite parties on that other hand submitted that although there was no acquisiÂtion in the termination order the action taken against the plaintiff-opposite parties was done as a punitive measure for their abstain..Category: Labour and Industrial Law | Date: | Hits: 186
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......esult the Rule is made absolute but without any order as to costs.
Let a copy of this judgment be transmitted to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......agistrate threatened them with further police remand in case of their failure to make confession which the recording Magistrate and the investigating officer stoutly denied. 62. The belated retraction of the confession will be of no help to the confessing accused persons if confessions are fou..Category: Criminal Law | Date: | Hits: 139
....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......tition of complaint the learned Magistrate proceeded under section 202 of the Code of Criminal Procedure and himself held the judicial inquiry and in that inquiry as the complainant was examined, the action of the learned Magistrate has not vitiated the proceedings in any way for not examining the c..
Category: Procedural Law | Date: | Hits: 131
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged withÂout any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......xpression 'decision as occurring in the said section is not defined in the Ordinance nor is the said word defined in the General ClauÂses Act According to the Oxford Concise Dictionary it means "the action deciding (conÂtest, question, etc.) settlement, determination, a conclusion judgment, specia..Category: Election Law | Date: | Hits: 309
....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....... of India, (1978) 2 SCR 621, AIR 1978 SC 597), where this Court again speaking through one of us PS Dhaka for information. (Bhogwati J.) observed,
"Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legall..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......Act with notice under section 106 of the Transfer of Property Act. He also submitted that if there had been a violation of section 3 of the Building Construction Act, 1952 then RAJUK could take penal action against the owners of the premises under section 12 of the Act but could not direct the petit..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......on is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made." From the record it appears that the cause of action arose on 5.10.46 and the suit was filed on 23.12.46. According to Mr. Chowdhury, the cause of..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......ct matter of both the aforesaid suits is same inasmuch shop No.7 is involved in both the suits and that the decision of the earlier suit will affect the result of the subsequent suit and the cause of action arose in respect of shop No.7. it is further submitted that the learned Assistant Judge, 1st ..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....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. ......n Court." The principles upon which the provisions of Order XXXVII of the Code of Civil Procedure should be applied are that at the stage when leave to defend is sought the judge is not to try the action; he is to see that there is a bona fide allegation on a triable issue, which is not illusory;..Category: Procedural Law | Date: | Hits: 125
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......e post of Manager to the post of Deputy Chief Accountant. If appears that the petitioner is now aged about 38 years and at this stage of life he is going to be thrown out and so before such a drastic action was taken it should have been considered as to whether he is actually junior most in the same..
Category: Employment/Service Law | Date: | Hits: 207
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