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Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......ant passage from Dicey on Parties to an Action (R 113 p 495) as quoted in UG Sukhare Vs. CG Gawande 1960 AIR Vol. 47 Bombay page 238, relevant para 7 reads: "A person who has a right to defend any action of ejectment is any person named in the writ and any person who is in possession by himself o..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......f rape, they left her near the temple. However, the informant disclosed this matter to the local elites for salish but the convict-petitioners exerted intimidation and threat to her not to take legal action against them. Hence, the FIR was lodged under sections 457/363/376/34 of the Penal Code read ..Category: Criminal Law | Date: | Hits: 86
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......the learned Advocate appearing for the petitioner submits that both the Courts below having failed to appreciate that the claim of the plaintiff as made in the plaint does not constitute the cause of action for money suit inasmuch as in view of the averments made in the plaint that the defendant as ..Category: Civil Law | Date: | Hits: 97
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
...... impugns the notices on the ground of lack of authority. On facts as we have stated earlier that the lease subsequently extended by the Chief Martial Law Administrator expired on 31st March, 1996 but action was taken in issuing the impugned notices in 1988 on expiry of the lease‑hold interest. On ..
Category: Property Law | Date: | Hits: 92
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......on, damage and compensation for non-taking of delivery of cargo from the containers, it is not maintainable in this Admiralty Court, since the plaintiff is not a carrier of the goods nor the cause of action comes under the jurisdiction of this Court under any of the provision as provided in section ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......required under section 33 of Bangladesh Labour Law. Accordingly to section 33, the respondent No. 2 ought to have served grievance petition to the petitioners within 30 days from the date of cause of action but the respondent did not do so. 13. The extract of section 33 is quoted below: “৩..Category: Labour and Industrial Law | Date: | Hits: 156
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......anguage of above circulars is quite clear and unambiguous and failure to act in accordance with the above circular, it appears to us that the respondents have acted without lawful authority and their action warrants interference by this Court. 18. The failure to obey the circular of the Governmen..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......r in time hurriedly took up the cases for hearing and disposed of the cases ex-parte which has made the Trade Mark Application No.1 of 2001 pending before the High Court Division infructuous and this action of the contemner amounts to Contempt of Court. 6. Being aggrieved by and dissatisfied with..Category: Intellectual Property Law | Date: | Hits: 270
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......de. [Note.- Any complaints of ill-treatment of injuries noticed on the accused or referred to by the accused should appear under paragraphs 6 and 7 but should be specifically noticed here and the action taken by the Magistrate thereon should be mentioned. When the confession is recorded otherwis..Category: Criminal Law | Date: | Hits: 82
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......eased to have jurisdiction to pass any order for further investigation. Consequently, the finding that the cash money found in the vault of the shop “Nath Jwellers” is on account of business transaction as mentioned in the final report prevailed. 6. The police upon completion of investigatio..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......Order 22, Rule 9(2) (3) of the Code should be liberally construed. The reasons for such approach are not far to seek. In the first place, abatement of a suit precludes fresh suit on the same cause of action, although there is no trial on merit of the case. An order of abatement never goes to the mer..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......ing all the material allegations made in the petition before the Administrative Tribunal, contending, inter alia, that the case was not maintainable in its present form and that there was no cause of action and that the case was barred under section 4(2) of the Administrative Tribunal Act. The petit..Category: Administrative Law | Date: | Hits: 196
....lowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, a......t Judge on consideration of the plaint came to a finding that the plaintiff had failed to make out any case about his subsisting interest after 1396 BS in the suit fishery and there being no cause of action rejected the plaint by his judgment and order dated 31.10.90. A photocopy of the certified co..
Category: Civil Law | Date: | Hits: 87
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......and the provisions of sub-sections (2), (3) and (5) of this section shall apply to such order. (7) If, upon investigation, the Registrar is satisfied that any representation on which he has taken action under sub-section (6) is false, frivolous or vexatious, he shall disclose the identity of the..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... Assistant Professor and received a higher scale for about 23 months and therefore, the writ respondent No.4 could not say now that he was not promoted to the post of Assistant Professor and that the actions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of l..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......he decision of the Commission. But at the relevant time there were no Commissioners, as such, apparently the notice on 18.02.2007 is, issued by the Secretary in his own and which is without any satisfaction and decision from the Commission and as such the notice is violation of the spirit of Section..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......3.3.92 (Annexure‑K) from the Ministry of Home Affairs, Immigration Branch to show cause by 10 AM of 24th of March, 1992 why the petitioner should not be deported from Bangladesh and why other legal actions should not be taken against him as he had been disqualified to be the citizen of Bangladesh ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. 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) 483. ......vision Md. Mozammel Hoque, J held in the case of Selimuzzaman Vs. Deputy Commissioner, Shariatpur and others reported in 44 DLR 545 that the judgment debtor having wilfully failed to obey the decree, action under Order XXI rule 32(1) of Code of the Civil Procedure was called for in case of violation..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ion of the High Court Division by any legislative provision or even under Article 102 itself, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 if the action complained of before the High Court Division is found to be coram non judice, without jurisdi..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......the Commission shall send another nomination. (13) The Committee shall forward the name of the nominee confirmed by it or deemed to have been confirmed to the President for appointment. (14) No action or decision taken by the Commission or a Committee shall be invalid or called in question onl..Category: Constitutional Law | Date: | Hits: 228
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