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Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......er official position in connivance with other accused persons approved draft rules for giving opportunity of NIKO Resources a foreign company, which failed to compete in International Tender, for extraction of gas worth Taka 13,630 (thirteen thou­sand six hundred thirty) crore 50 (fifty) lakh from ..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......a Civil Court. Instead, he made an enquiry and attempted to evaluate the claim of each candidate which the High Court rightly described as arrogating to himself the functions of the Civil Court. Such action on the part of the Administrator is not authorised by law and the learned Single Judge was fu..

Category: Trust/Waqf Law | Date: | Hits: 188

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......he said Act for a declaration that the dismissal order is ille­gal and without jurisdiction and for re-instatement. In that case the jurisdiction of a Labour Court was challenged on the ground of as action has been taken by the Company from Chittagong office and so as per provision the enquiry date..

Category: Labour and Industrial Law | Date: | Hits: 177

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......cordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken e..

Category: Environmental Law | Date: | Hits: 1051

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......35 Justice.7/2L-89/80 dated 28-9-94 rejected his appeal. The petitioner had not received any notice whatsoever from the respondent before the impugned memo dated 17-8-94 Annexure-D was issued and the action was taken by the respondent No.1 behind the back of the petitioner. 10. Being aggrieved by..

Category: Civil Law | Date: | Hits: 90

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......is not a committee in the eye of law because the committee was not approved by the Board of Secondary and Higher Secondary Education, Rajshahi and till the committee is not approved and, as such, the action taken by the alleged committee is without jurisdiction. The learned Advocate further submits ..

Category: Employment/Service Law | Date: | Hits: 101

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......atute unless it is excluded expressly or by necessary implication by statute. (Abul Ala Moududi Vs. West Pakistan) 17 DLR (SC) 209. 18. The principle of fair procedure means that before taking any action against a person the authority should give him a notice and a fair opportunity to show cause ..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......respondents, Director of Students Welfare and Member‑Secretary, Vice Chancellor and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authorit..

Category: Civil Law | Date: | Hits: 85

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ......bove and it appears that there was an original contract but it was terminated by a subsequent contract described as termination contract. In the plaint it has been clearly mentioned that the cause of action of the suit arose when the termination agreement on 3-2-76 was entered into, and on 28-4-76 w..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......lement of the suit reservoir and their names have been recorded in the S.A. Khatian without any basis. The defendants were trying to fill up the water reservoir with earth. This gave rise to cause of action in the suit and prayers for injunc­tion. 5. The defendants Nos.1 and 2 contested the suit..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......es. The plaintiff therefore filed the suit for the reliefs prayed. 4. Defendant No.1 contested the suit by filing a written statement contending, inter alia, that the plaintiff has got no cause of action that the suit is not maintainable in the present form and it is barred by limitation. The def..

Category: Property Law | Date: | Hits: 66

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... Co­operative Officer, Dhaka by a show cause notice dat­ed 20.8.85 (Annexure A) similarly asked the peti­tioner to show cause why for certain alleged illegali­ties and irregularities disciplinary action shall not be taken against the petitioner. The petitioner showed cause (Annexure B) on 31.8.8..

Category: Civil Law | Date: | Hits: 87

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... in rela­tion to the rights created by the special law. Outside the special law there is no right to dispute an elec­tion. As such he does not possess any legal character or status to challenge the action or decision of the electing authority. In this view of the matter it may be well said that th..

Category: Election Law | Date: | Hits: 207

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......f determining the real controversy between the parties and where it is just. But the rule that the plaintiff cannot be allowed to amend his plaint so as to alter materially or substitute his cause of action or the nature of his claims has necessarily no counterpart in the law relating to amendment o..

Category: Property Law | Date: | Hits: 58

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiffs prayer which was for withdrawal of Title Suit No. 94 of 1988 with permission to bring a fresh suit on the same cause of action. 2. Petitioner Shahabuddin Ahmed as plaintiff filed the above mentioned suit in the Court ..

Category: Election Law | Date: | Hits: 152

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......ch a position is entitled only to the benefit of the qualified privileges as mentioned in section 499 of the Penal Code and lo nothing more. 10. Under the provision of law, as in our coun­try, an action therefore would lie for a defamatory statement or utterance made in a judicial proceeding. Th..

Category: Criminal Law | Date: | Hits: 77

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......t the completion of the project and the posts of the respon­dents were not required by the Government and thus the writ peti­tioners have no le Gal basis to continue in the service and as such, the action of the petitioners are not unlawful and the High Court Division failed to con­sider the same..

Category: Employment/Service Law | Date: | Hits: 133

Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

....of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......ion of the plaintiffs was found to be doubtful, besides, the learned Judge found the allegation that the defendants threatened the plaintiffs to dispossess them, was not proved, as such, the cause of action for the suit was also lacking. On these findings, the Appellate Court, by its judgment and de..

Category: Property Law | Date: | Hits: 51

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... of the State in the Ministry of Commerce and Industry. In elaborating this point the learned Counsel submitted that in the instant case the caterer having performed his function in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwhole..

Category: Civil Law | Date: | Hits: 72

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiff's prayer which was for withdrawal of Title Suit No.94 of 1988 with permission to bring a fresh suit on the same cause of action. 2. Petitioner Shahabuddin Ahmed as plaintiff filed the above mentioned suit in the Court ..

Category: Election Law | Date: | Hits: 206