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....tial Law regime is violative of Articles 27 and 31 of the Constitution. Further it is void as per Article 26(1) of the Constitution. But the learned counsel for the respondent has pointed out no such prayer was made for striking down this provision of law in the writ application nor any Rule was iss...... Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with intere......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....review indicate that the petitioner intends rehearing of the whole Civil petition which is not permissible under Article 105 of the Constitution. The matter has been disposed of on merit and here the prayer is for rehearing of the whole matter by entering into the facts of the case which this Divisi......our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....oubt a debatable one. Mk. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General appearing for the State, strenuously contended that this application being a repetition of the same and similar prayer for quashment of the proceeding made in the application once rejected entertainment of the sa......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....te ‑ For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of ......For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil P......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....tended by Mr. Khondker Mahbub Hossain, learned Advocate appearing on behalf of the appellant, that the learned Subordinate Judge erred in law in holding that the suit for mere declaration without any prayer for consequential relief was not maintainable. The learned Advocate further submitted that as......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
....sented by its Executive Committee (18 members in all), herein after referred to as the plaintiffs, has filed Title Suit No.49 of 2002 before the Joint District Judge, 1st Court, Khulna with following prayers, namely-
ক)নালিশী তপ্সহীল বর্ণিত সম্পত......istrict Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executiv......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
....a fide with a view to make unlawful gain.
4. It appears from the order‑sheet of the Labour Court that after the filing of the written statement on various occasions the case was adjourned on the prayer of both the parties. The Third Labour Court, Dhaka on 15.2.90 examined the petitioner and pas...... the law".
5. Being aggrieved by the said order dated 15.2.90 the petitioner‑Company obtained this Rule. In spite of service of notice upon Respondent No.2 the said respondent filed appearance before this Court after issuance of the Rule.
6. Mr. A.Y Salehuzzaman, the learned Advocate appeari......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....d Advocate cannot be entertained because opportunity to amend the plaint was available to him at the initial stage but it was not availed of. The suit No.135 of 1973 was filed in the year 1971 with a prayer for simple declaration. Both the Courts held that plaintiff appellant to be out of possession......ssed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ing personal appearance of the plaintiff petitioner pleading that the rehearing application was not filed by the plaintiff who had died long ago. The learned Judge having heard both sides allowed the prayer on 31.7.83 directing the plaintiff petitioner to appear personally in Court on 12.9.83. On 8....... others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Adv......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....on 151 CPC for restraining the defendant No.1 from collecting tolls from the suit Hat pending disposal of the suit. The defendant‑appellant appeared in Court and filed written objection against the prayer for temporary injunction. The learned Subordinate Judge after hearing the parties allowed the......Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2.......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ring the pendency of the said title suit plaintiff‑opposite party Nos.2‑9 filed a petition under Order 1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura T......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....ury J.- This is an application by Nikhil Kumar Sarker, Assistant Teacher, Goalundo Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.......with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Education, forwarded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Highe......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....laim to the disputed property. The decree‑holder opposed the application asserting that the provisions of Order 21 rule 99 have no application to the case. The learned Subordinate Judge allowed the prayer of the third party. A question, therefore, arose as to whether the executing Court had jurisd......vil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... Medical College Hospital and on 8.11.10 at 20.00 hours she died; hence the case. 3. The petitioners have voluntarily surrendered before the court below and moved for bail, but failed, since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-inter......higanj. 2. Prosecution case, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigonj lodged an FIR stating inter alia that on 8.11.10 at 15.00 hours he informed over telephone that one woman was committed to suicide; that on the basis of the said informa...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... before an Enquiry Commission. The Supreme Court, however, kept the passport in the custody of its Registrar. While on behalf of the Government it was submitted that if Mrs. Maneka Gandhi submits any prayer for her urgency to use the passport the Central Government will consider her case. On that co......in Annexure‑C to the petition and the circular issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contai......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....y of late Sirajul Islam Khan, Managing Director of plaintiff No.1; defendant Nos. 1-2 are the banking company Defendant No.1 sanctioned loan of TK. 7,14,000.00 and TK.1,75,000.00 on 28-12-1970 as per prayer of plaintiff No. 1 for establishing an automatic brick factory. Defendant No.1 sanctioned fur......l by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposa...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
.... 'B' to this petition, upon which the rule has been issued, From the relevant averments made in the plaint as well as relief sought for in both the suits it appears that in both the suits there was a prayer for decree for declaration of title although in one suit there was a prayer for partition. On...... No.417 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the short question involved is whether the Title Suit No.89 of 1981 and the Title Suit No.342 of 1982 can be heard analogously. The former was instituted for declaration of title in respect of the property which was also the subject......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......nate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect......rial Court did not properly discuss the evidence in this regard and passed the impugned decree ex parte. He further submits that the learned Court of appeal below further committed an error of law in remanding the case although the law does not permit in nature of present appeal to make such order. ......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....মদ আয়ুবুর রহমান সচিব। On the same day i.e. 31.3.91 the petitioners filed a supplementary affidavit to the writ petition praying for the modification of the prayer in the main petition and prayed for the issuance of a Rule Nisi calling upon the said sole re...... Rabbi (MP from NA‑33, Gaibandha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
.... of public order). 10. In the Special Tribunal Case No.121 of 1991 the detenu (Anisul Islam Mahmood) was produced before the said Special Tribunal on 22.5.91 when the Special Tribunal rejected the prayer for bail of the said accused petitioner, In the meantime in Writ Petition No.767 of 1991 this......minic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F Hoffmann‑La Roch & Co. AG and others Vs. Secretary of State for Trade and Industry, (1974) 2 All ER 1128 (1148); Ridge Vs. Baldwin, (1963) 2 All ER 66; Wick Vs.......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
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