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Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......annot acquire legality by repeated use. They suffer the same fate. 22. When the detaining authority repeats the same grounds of detention against the same detenu knowing them to be illegal, the action is mala fide. The present detention of the detenu is also clearly mala fide. Repeated recours..Category: Criminal Law | Date: | Hits: 107
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......ion that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, without jurisdiction, inoperative and of no legal effect and, as such, the action of the petitioner taken in respect of the suit property is not binding upon the opposite part..Category: Property Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......t and Writ Petition Nos. 2213 of 1991 and 2238 of 1991 both filed by Moudud Ahmed also a member of the Parliament are taken up together as they arose out of the same subject‑matter and the cause of action in this matter are similar. 2. The petitioner in those petitions under Article 102 of t..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....rty No.1. Civil Revision No.1610 of 1980. Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin......ntitled to get possession of the same. Hence the suit. 3. The defendant‑petitioner contested the suit by filling a written statement contending, inter alia, that the plaintiff has no cause of action to file the suit and the same is barred by limitation. His case, inter alia, is that he was i..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ur Court, Dhaka. In all the said cases of termination and transfer, orders have been passed either by the Senior Vice President or Vice President of the Bank who are under law authorised to take such action against the employees. 6. On 1st August, 1989 the petitioner No.2 made a representation..Category: Labour and Industrial Law | Date: | Hits: 176
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ian of the minor by virtue of that order. If the father who was living separately forcibly took away the minor girl from the keeping of the lawful guardian without the consent of such lawful guardian action of the father amounted to kidnapping. In this case the Court after decreeing the suit for div..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......e said award amount of Tk.4,43,636/18 with interest at the bank rate from defendants with effect from the date of receipt of notice of award till the realisation of the amount." "Thus the cause of action for the present suit arose on 18.7.72 when the notice of the award was sent to the parties an..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......o authority to waive interest under special law i.e. under Artha Rin Adalat Ain, 2003. Special Law is directed towards a special subject, a special class of objects and gives rise to special cause of action and self provides for the method of enforcement of rights conferred by that Act i.e. a code c..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......anded the defendants to execute and register the deed of reconveyance on 29-10-1979 on which date the defendants for the last time refused to perform their part of the contract and, as such, cause of action for the suit arose on that date. The suit was filed on 18-1-80 and I do not therefore find th..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......hedule prescribed for the year 1993-94 and that having had already got the merchandise released on payment of the customs duties and other levies assessed by the customs Authorities and thus the transaction being a closed and past one the claim made through the notice dated 12-3-94 was illegal and w..Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......ing false statement regarding rejection of a revisional application. 2. Contemners earlier filed applications tendering unqualified apology but in the said applications they tried to justify their action. When the matter came up for hearing learned Advocate for the contemners prayed for time to f..Category: Criminal Law | Date: | Hits: 87
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... that he appointed the driver, defendant No.2, after giving advertisement and after satisfying all about his performance and the driver was an expert and performed his duty sincerely and to the satisfaction of this defendant. It is further case of this defendant that on the date i.e. on 3-12-1989 at..Category: Civil Law | Date: | Hits: 339
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by placing ba..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......n in the case of Mst. Bindru Vs. Sadda Ram and others, it has been stated that a party cannot be added under Order 1, rule 10 of the Code in order to enable him to import an altogether new cause of action into the pending litigation. The addition of the new party must be consistent with the scope ..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......petitioner was asked to show cause regarding the charge detailed in the letter. The relevant portion of Ext. 2 runs as follows:- "You are, therefore, hereby required to show cause why disciplinary action including dismissal from service should not be taken against you. Your explanation should be ..Category: Employment/Service Law | Date: | Hits: 175
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......rtunate aspect of the case is that despite the observation of the learned Additional Sessions Judge, Noakhali the real culprit namely, Tasir Ahmed was left out and allowed to go scot free. This inaction on the part of the police is not conducive to the proper administration of justice and this..Category: Criminal Law | Date: | Hits: 117
....ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
...... T.K. Oil Refinery and Vegetable Products (Pvt.) Ltd. on various allegations.
3. In the said application it was alleged that the suit was not maintainable since it does not disclose any cause of action and is barred by section 10(2) of Industrial Relations Ordinance, 1969.
4. The aforesaid a..
Category: Labour and Industrial Law | Date: | Hits: 178
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......gment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......d perpetuate and accentuate inequality. Article 16(4) is an instance of such classification, put in to place the matter beyond controversy (underlinings are mine). On the other concept of positive action and positive discrimination it was held at para 116- 116. …………………….Indeed,..Category: Constitutional Law | Date: | Hits: 443
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......to Pakistan. At the same time the Deputy Commissioner, Lalmonirhat got a non‑option certificate form duly filled in by the petitioner and sent the same to the Ministry of Home Affairs for necessary action. The petitioner, therefore, submitted an application on 17.5.86 to the Ministry of Home Affai..
Category: Immigration and Citizenship Law | Date: | Hits: 178
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