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Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ...... Court should pronounce its deci­sion or has to wait till the Advisory Board reports its opinion to the Govt. within the period provided in section 11(1) of the Special Powers Act. Detenu's cause of action arises as soon as he is detained. If the Rule has been issued by this Court on the Respon­de..

Category: Criminal Law | Date: | Hits: 108

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......ing to law and rule. Copy be sent at once to District Magistrate and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...

Category: Criminal Law | Date: | Hits: 71

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......ight guard of Mir Kashem Bahumukhi High School of Mirwarishpur, Begumgonj, Noakhali and he joined in the service on 09‑06‑87 and was discharging his duty most sincerely and efficiently with satisfaction of the authority and the members of the staff. There was no complaint against the plaintiff. ..

Category: Employment/Service Law | Date: | Hits: 96

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468........ 1 and 2 by registered deed of gift dated 13‑12‑88 and delivered possession thereof to them. The said defendants have been in peaceful possession of the suit land, the plaintiffs got no cause of action to file the suit and the same was liable to be dismissed. 5. The learned Assistant Judge b..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......e of defendant, Uttara Bank, as a junior assistant and in due course was confirmed. On 30‑12‑80 he was promoted to the post of senior assistant and continued as such serving the bank to the satisfaction of all. 5. On 9‑9‑81 some central leaders of the Bank Employees Federation were arrest..

Category: Employment/Service Law | Date: | Hits: 174

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......e Court is not required to declare or create title for the plaintiff. That defendant Government though impleaded in the suit pursuant to President's Order 16 of 1972 but the plaintiff had no cause of action against the Government and as such no relief was at all sought for. The petitioner could neit..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......cation for arrest of the vessel ‘MT Dolores’ on the ground that the Admiralty Court of this Division entertained the plaint illegally as the statements made therein does not disclose any cause of action to attract the jurisdiction of the High Court of Admiralty under section 6 of the Admiralty C..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......rs. The writ petition therefore, does not suffer from defect of parties. 9. With regard to the delay in filing the writ petition, we say this contention is misconceived and misplaced. The impugned actions changing the name of Salimullah Muslim Hall are continuing public wrong. There is therefore,..

Category: Civil Law | Date: | Hits: 63

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......s and Exports Policy Order 1997‑2002. He 'further submits that since the petitioner did not approach the Controller of Imports and Exports for permission to release the goods it has got no cause of action to maintain the writ petition. He lastly, submits that under section 16 of the Customs Act, t..

Category: Fiscal/Taxation Law | Date: | Hits: 111

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......Aminul Islam, the learned Assistant Judge, framed the following issues in the Title Suit No.28 of 1996: (1) Whether the suit was maintainable in its present form; (2) Whether there was cause of action; (3) Whether the plaintiff was entitled to the decree prayed for; (4) Whether the plain..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......bited by opposite party No.1 in the trial Court and was received in evidence as exhibit A(1) showed that opposite party No.1 purchased from Abdus Sattar on 30‑1‑1980 after accrual of the cause of action for pre‑emption in favour of the petitioner on 18‑1‑1980. So, acquisition of co-sharers..

Category: Property Law | Date: | Hits: 79

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....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. ......ing show cause notice as to why Managing Committee of the school shall not be dissolved is very much there and more so issuance of a show cause notice under the said regulation does not give cause of action to file the suit and the plaint is liable to be rejected. 4. Mr. Md. Habibullah learned Ad..

Category: Procedural Law | Date: | Hits: 72

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......s on record, found that the defendant No.1 is not adopted son of Purna Chandra. The trial court held that the defendant No.2 is a co-sharer in the suit land and the plaintiff failed to prove cause of action for partition against the said defendant No.2 as defendant No.2 is in specific possession of ..

Category: Property Law | Date: | Hits: 49

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......e an application before the learned Senior Assistant Judge, Dinajpur under Order 7 rule 11 CPC praying for rejection of the plaint alleging, inter alia, that the plaint does not disclose any cause of action and that the plaintiff has no locus standi to file the suit. 4. The learned Senior Assista..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......itioner as per section 19(1) of the Employment of Labour (Standing Orders) Act, 1965 and there having been no deduction of wages or delay in making payment of wages to the respondent No.1 no cause of action arose for filing the application under section 15(2) of the Payment of Wages Act, 1936, as su..

Category: Labour and Industrial Law | Date: | Hits: 255

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... reasons of the failure of any person to comply with the law or for contravention of the Election Rules, 1983. It is the further case that the Presiding Officer in the instant case failed to take any action against the petitioner as was demanded at the time of counting of the ballots which the Retur..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......porary injunction by making almost the similar averments to the effect that the statements made in the application for temporary injunction are false, imaginary and concocted and there is no cause of action for the application and that the application for temporary injunction is not maintainable in ..

Category: Property Law | Date: | Hits: 47

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......se of the petitioner on the basis of ACR for years 1983‑85. Since the Authority did not follow the direction of the Ministry and by its order dated 7.12.86 revived the order No.68/85 a new cause of action arose and the petitioner filed the present writ petition. He further submits that the Ministr..

Category: Employment/Service Law | Date: | Hits: 116

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......a local gov­ernment body but is a statutory public authority created for the purpose of facilitating local government in the CHT within the broader scheme of 'special measures' and/or 'affir­mative action'. II. whether the High Court Division manifestly erred in law in holding, without any basi..

Category: Constitutional Law | Date: | Hits: 219

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......rties were members of the Executive Committee of the Mymensingh Dhaka Coach Owners Association and the said Executive Committee has remained virtually unaltered for the last 14 years with papers transaction showing Annual Elections. The last date of 'Elections’ was on 6‑8‑1992 for a period of ..

Category: Civil Law | Date: | Hits: 85