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....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......t petitioners under Order VII rule 11 of the Code of Civil Procedure for rejection of the plaint mainly on the ground that section 45 of the Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit c......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Employment/Service Law | Date: | Hits: 66
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......is required to be dealt with by passing a proper order assigning reasons by the learned Assistant Judge...........................(17) Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan represented by the Deputy Commissioner, Mymensingh, 22 DLR 646; Mohammad Abdul Nasir and ot......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DLR (SC) 117; Dr. Nurul Islam Vs. Bangladesh, 33 D...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....lined to give him her self-earned money. He then said that on 5‑10‑1994 at afternoon the accused came to their house and reported that the deceased is ill and accordingly his wife, sons and other members went there where the accused allegedly obtained signature on a blank paper and on hearing th......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... relates to vacation of seats of Members of the Parliament. In this Article it is laid down under what circumstances a Member of Parliament shall vacate his seat or under what circumstances seat of a member shall be considered as vacated. Let us reproduce the Article below for proper appreciation of...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....1998, to enquire into the allegations against the petitioner and, in consideration of the report, the Syndicate in its meeting held on 27/28‑8‑2000, by its resolution No. 127, formed a 5 (five) members enquiry committee, that in order to afford the petitioner proper representation, the respond......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....uld not be directed to take proper steps for cancellation of the registration of the respondent No. 2 Union under section 10(1) and (2) of the IRO for electing as its President, General Secretary and members of the Executive Committee some persons who are disqualified under section 7A of the IRO and......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....he learned Advocate for the appellant however in support of his contention has tried to place reliance on some part of the evidence of P.Ws. 3 and 5. This P.W.5 is one Md. Nazir Hossain who is also a member of the School Committee. He was tendered by the prosecution but the Court itself put some que......udge was notified in the official Gazette by a general notification No.3498‑J 24th October 1958 which runs as under: "In exercise of the powers conferred by sub‑section (2) of section 4 of the Pakistan Criminal Law Amendment Act (now Bangladesh) 1958 (Act XL of 1958), the Government is plea......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....date fixed by the bank for payment of the dues. Under the provision of section 7(2)(g) of the Union Parishads Ordinance 1983 a person would be disqualified from contesting the election as chairman or member if he or she defaulted in payment of any loan taken by him or her from any specified bank wit...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... had been paid to the petitioner in spite of his repeated letters although with the expiry of each year the communication value of his pension is being reduced. Besides, the petitioner and his family members were deprived of their medical facilities, ration and other facilities. As such, the petitio......hey should not be directed to pay the pension benefits of the petitioner with compensation for the delay. 2. The Case of the Petitioner: It is stated in the petition that the petitioner joined the Pakistan Air Force Academy on 8‑2‑1965 and was commissioned on 30‑1‑1966 as Pilot Officer, t......ent of Bangladesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; Lieutenant General Abu Saleh Mohammad Nasim (Retd)..Category: Employment/Service Law | Date: | Hits: 148
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....etition inasmuch as he is not an aggrieved person. He submits that the present petitioner Advocate Mr. Abu Bakkar Siddique was not a candidate for election for the office of the President nor he is a member of the Parliament; he is merely the president of a political party named Bangladesh Muslim Mi......ule holding that the Deputy Attorney‑General is not holding any office of profit in the Service of the Republic. We are informed that ultimately it was affirmed by the Appellate Division. 33. In Pakistan Constitution, 1973, Article 207 provides that a Judge of the Supreme Court or of a High Cou...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......, 52 and 74 of the Act is not required. 17. Examining the case of M. Salimullah, Advocate and others Vs. Bangladesh and others reported in 55 DLR 1 it appears that the government of erstwhile East Pakistan developed a vast area of Mirpur into residential plots under the master plan approved under......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....nsferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of Bangladesh Civil Service (Judicial). 3. The Petitioner while being attached to the Mini......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..Category: Employment/Service Law | Date: | Hits: 53
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......ngo, forced him to put his signature in some papers and out of fear of life he did it. At 2‑30 afternoon people came on the spot and also the Additional Deputy Commissioner (General) along with one Army Major, Officer- in‑Charge of the Ramgati Police Station and the Superintendent of Police and ..Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......erties are not in his possession and under his control and management and he is hiding in the country or has left Bangladesh. It should be mentioned here that many of the owners who collaborated with Pakistani Army left the country or want into hiding abandoning their property without making arrange...... not in his possession and under his control and management and he is hiding in the country or has left Bangladesh. It should be mentioned here that many of the owners who collaborated with Pakistani Army left the country or want into hiding abandoning their property without making arrangement for a..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nce, 1982 (Ordinance LIX of 1982) which was amended from time to time. The prime object and purpose of the said Ordinance was to constitute Upazila Parishads consisting of Chairman, representative members, women members, official members, Chairman of the Upazila Central Co‑operative Society an......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....g rejection or return of plaint in an Admiralty suit does not contemplate this clause (a) of rule 11 of Order VII of the Code of Civil Procedure, this Court expresses it pious desire that the learned members of the Bar, particularly, Mr. Rafiq‑ul‑Huq and Mr. AR Yusuf may urge this point again. b......61 (East and West Steamship Co. Vs. Queensland Insurance Co.) showing the locus standi of the present plaintiff to institute the present suit. In that decision their Lordships of the Supreme Court of Pakistan held that in a case of Marine Insurance the Insurer having paid up loss sustained by the as......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
.... হইতে নিবৃত করার জন্য”. 10. In the grounds of detention it is stated that the detenu is an influential politician and is in politics since long time and was a member of different political parties and thereafter. When Mr. RM Ershad formed the Jatiya Party, th......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...Category: Administrative Law | Date: | Hits: 210
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