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Category: Others | Date: | Hits: 207
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......his respondent No.2 National Board of Revenue should have no lawful cause or reason to disobey or defy or dishonour the direction of respondent No.1. In this view of the matter we find that this very action or attitude of respondent No.2, National Board of Revenue, is uncalled for and contrary to th..Category: Employment/Service Law | Date: | Hits: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......nce to do so. The clever and cunning accused did not repay any amount whatsoever. The complainant being helpless went to the house of the accused at Dhaka on 10.01.1985 when accused denied all transactions in respect of the said amount and the accused and his hired gundas abused the complainant in..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......he will not get a proper and fair trial before the said Arbitrator. Thus, in the present case, the appellants, admittedly, having not taken any objection, whatsoever, before the Arbitrator and such action of the appellants having led the other side to believe that such right will not be enforced t..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......pt, but, by way of contrast, North, J. agreed that: 'So far, however, as the earlier paragraphs published before the petition was presented are concerned, their publication might be the subject of an action for libel, but could be no contempt of Court." Re Crown Bank was decided in 1890 and th..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603....... any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the detaining authority has not been derived from the materials on record and exercise o..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......nt Title Suit No.188 of 1982 in the First Court of Munsif, Dhaka with the same prayer for permanent injunction for restraining the defendants from entering into the suit property on the same cause of action. The suit property, cause of action and the parties are all same in the present suit as were ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......cument and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87. The learned 1st appellate Court made an attempt to defend this action on the ground that Plaintiffs being a party to the deed were debarred from challenging it but..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......n "complainant" does not convey the same meaning as a First Information Report. The word ‘complainant’ means the allegation made orally or in writing to a Magistrate, with a view to his taking an action under CrPC that some persons whether known or unknown, has committed an offence, but it does ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......e or on medical ground and, in such cases, the provision of sub‑regulations (1) and (2) shall not apply.’’ 13. Regulation 28 concerns punishment and grounds thereof by way of disciplinary action, while regulation 29 provides for departmental appeal and review in respect of action under r..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......rophe. The ultimate cause for destruction major catastrophe. The ultimate cause for destruction love for Helen and love took heavy tolls of human lives. Keeping in mind the divine aspect of love, the action of the accused may be considered with a bit of leniency in matters of sentence. The frenzied ..Category: Criminal Law | Date: | Hits: 125
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ypurhat District Bar Association was essentially an inoffensive and pious desire on the part of the members of the Bar Association and it was not of binding character calling up them for any punitive action for non‑observance of the same by any Member of the Joypurhat Bar Association. In fact, one..Category: Others | Date: | Hits: 139
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......oes not do so, he is taken to admit the allegations in the plaint, but he is entitled to appear and submit any argument open to him on the plaint; for instance that the plaint discloses no cause of action, or that the claim is time barred." Needless to mention that a party was not bound to put in ..Category: Procedural Law | Date: | Hits: 180
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......8 and that the current charge so given to the respondent Nos.4‑8, who as Assistant Engineer are junior to the petitioners as amounts to promotion the petition again submitted objection to the said action of the Authority but no action has yet been taken. That the matter of fixation of seniority o..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......2 separate written statements denying the material allegations made in the plaint and contending inter alia that the suit is not maintainable in its present form, that the plaintiffs have no cause of action to file the suit, that the suit is hit by section 102 of Waqf Ordinance and that the suit is ..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......itions recommended by the petitioner without giving any decision regarding price and sent the summary back to the petitioner who in his turn sent the same to the Secretary, Ministry of Industries for action who in his turn and the Ministry of Works referred the matter to the DIT for allotment of lan..Category: Criminal Law | Date: | Hits: 111
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......রবরাহ করিতে থাকেন।” 4. Mr. Moqbul Ahmed in reply submitted that the amendment has not changed the nature and character of the suit inasmuch as no new cause of action has been introduced by the amendment and unless the amendment introduces a new cause of actio..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......d Advocate secondly, contended that the Election Tribunal as well as the learned District Judge acted illegally and without jurisdiction in not dismissing the election petition for want of cause of action after the office of the Chairman of the said Upazila has been declared vacant by operation ..Category: Election Law | Date: | Hits: 252
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. .......3 of 1987. Judgment Mustafa Kamal J.- These two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the peti..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......hough section 115 on terms is slightly different from section 153 of Ordinance No. XXVI of 1977 yet we do not think that there is any material difference in the legal contents of the two sections. An action under section 115 is permissible when a person makes an encroachment on, over or under a stre..Category: Property Law | Date: | Hits: 145