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Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....The respondent No.2 submitted grievance petition as per the provision of section 25(A) of Employment of Labour (Standing Orders) Act 1965. The petitioner failed to reply the same and finding no other alternative remedy the respondent No.2 filed the Complaint Case before the Labour Court, Chittagon......34 DLR (AD) 37. 15. In the case of Chairman DIT, the respondent No.2 filed an application under section 34 of the IRO, claiming subsistence allowance and full wages. The Labour Court allowed his prayer holding that the Dhaka Improvement Trust (the DIT in short) in a commercial establishment a..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......to the non inclusion of the land of Begumgonj PS in the schedule of the plaint, she finds difficult to give reply as to non inclusion of land of the Begumgonj in the schedule of the plaint as well as prayer to that effect. 13. I have perused the judgment of the trial Court and found that the tria..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......cluding Abdur Rahman under section 255, 256, 258 and 259 of the Penal Code read with section 16(3) of the Act. The case was then transferred to the Court of Special Tribunal for trial. The appellants prayer for bail having been rejected by the Special Tribunal they moved the High Court Division unde..Category: Criminal Law | Date: | Hits: 76
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ts. After conclusion of trial, the Court fixed 22.9.2010 for delivery of judgment. At that stage, the present petitioners approached the trial Court with an application for addition of parties with a prayer for separate saham in their names stating that during pendency of the suit they purchased a p..
Category: Procedural Law | Date: | Hits: 77
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......dar. But as a matter of fact, the trial Court framed issue on the benami character of the suit land and adjudicated the same against the plaintiffs. Mr. Nurul Islam, learned Advocate concludes with a prayer for remand of the appeal to the appellate Court to meet the ends of justice. It appears fr..Category: Property Law | Date: | Hits: 66
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......etium was paid in full. From the record it appears that by order No. 37 dated 16.8.86 the defendant appellants were transposed in place of the plaintiff respondent in H.R.C case No. 224 of 1983. That prayer for transposition was not opposed by the plaintiff respondent. From the record it further app..
Category: Property Law | Date: | Hits: 113
....l Court rightly rejected the same. He further submits that amendment of plaint and that of a written statement are not governed by exactly same principle. The defendant should not be allowed to bring alternative and different kind of defense, which introduces a new controversy between the parties. I......rt rejected the said application. In a civil revision brought by the defendants, the High Court Division made the Rule absolute. Leave was granted by the Appellate Division to consider “whether the prayer for amendment of the written statement could be allowed after closure of the plaintiff’s ca..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....to the learned Advocate, Ayesha Khatun attained the status of full tenant on upgradation and ceased to be a co-sharer-tenant of successor-in-interest of Akshoy Kumar Saha Banik. In this context, he alternatively argued that the shares of Akshoy Kumar and Rangubala having been partitioned by the de...... from 14-4-56 under the general notification under section 3 of the State Acquisition and Tenancy Act, 1950. He allowed the revision cases and restored the judgments of the trial Court. 16. On the prayer of the pre-emptee-leave was granted to consider (1) whether prior to coming into operation of..Category: Property Law | Date: | Hits: 85
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... case”, which remained in the back of the mind of the learned Judges. It is to meet “the facts and circumstances of the case” situation that the present review application has been filed with a prayer to set aside the Judgment and decree dated the 12th April, 1994, passed by the Division Bench..Category: Property Law | Date: | Hits: 89
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......No. 1073 of 1993 in the case of Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and others. Facts of this case are similar to the facts of the present case. In this case, the petitioner's prayer for issuing a passport was rejected by the Government. It further appears that in that case t..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......er the aforesaid section on 28.7.92 stating that 303 working days had expired; therefore the proceedings of Sessions Case No. 30 of 1991 should be stopped and the accused petitioners be released. The prayer was rejected by the learned Additional Sessions Judge by the order dated 29.7.92. Being aggri..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70....... found to be a genuine one, still then in the facts and circumstances of this case, the Court of appeal below should have exercised the discretion in favour of the executant defendant by refusing the prayer for specific performance of contract, if necessary by giving some reasonable compensation as ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... learned Advocate points out that the Appellate Division delivered their judgment on 20-8-2007 and the petitioner filed his letter for joining on 19-11-2007, but the authority concerned allowed his prayer for rejoining on 28-1-2009 with effect from the date of his joining letter dated 19-11-2007 a..Category: Employment/Service Law | Date: | Hits: 156
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....served a Notice Demanding Justice upon the respondent No.3 on 9-4-2006 requesting him not to disturb the petitioner in exercising his lease-hold right over the quarry, but in vain. Finding no other alternative, the petitioner filed Writ Petition No.3289 of 2006 challenging the action of the Depu......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......n for amendment. In support of his contention the learned Counsel refers the case of Nizamuddowla Vs. Nurul Islam reported in 22 DLR 277 wherein it has been held: "Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, through in ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... reported in 11 DLR (SC) 140, the Supreme Court of Pakistan observed. ".....a person seeking Judicial review must show that he has a direct personal interest in the act which he challenges before his prayer for review is entertained." That Writ Petition was filed under Article 170 of the Constitutio..Category: Constitutional Law | Date: | Hits: 270
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......dgment Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Cour..Category: Election Law | Date: | Hits: 159
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tioner had scope to get remedy at the stage of framing charge by filing application under section 241A of the Code of Criminal Procedure. So the quashment proceeding is not maintainable when there is alternative remedy. 6. In a quashment proceeding under section 561A of the Code of Criminal Proce......Corruption Commission Act, 2004 in appropriate cases. 12. On perusal of the record, it appears further that the trial Court issued process against the accused-petitioner and also rejected the bail prayer of the accused No.1 indicating that cognizance has been taken in the case. So the submission ..Category: Criminal Law | Date: | Hits: 100
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......d that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. That application having been allowed, an additional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far ..
Category: Property Law | Date: | Hits: 106
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ritten statement and the suit was ultimately ready for peremptory hearing and peremptory hearing also started and one witness of plaintiffs also was examined in part. Thereafter, on the plaintiffs' prayer several adjournments were allowed. On 24.01.2005 also the plaintiffs prayed for adjournment a..Category: Procedural Law | Date: | Hits: 75
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