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Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......acts" and in this regard, the “doctrine of continuous officiation” should be called in aid for their absorption/regulations in the service of Biman. 15. Dr. M Zahir also submits that the principle of legitimate expectation requires that the petitioners should be made permanent employe......authority and of no legal effect and why the respondents should not be directed to regularize the service of the petitioners in Biman pursuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
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. ......e Chairman of the NBR is an inseparable and essential constituent part for the board to function the sanction given by it cannot be taken to be in any way tainted for his presence on the board. The principle of coram-non-judice has no application in the present case." 14. We have gone through t......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......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. ..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....... 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.......f the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whe......lating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to refer the parties to Civil Court for determination of the question of competency to the Mutwalliship. If in such a case the Administrat..Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable or not in the circumstances of a given case to grant the re.......
Md. Nurul Huda with Faridul Alam Chowdhury Advocates - For the opposite party petitioner.
Civil Revision No. 329 of 1988.
Judgment
AM Mahmudur Rahman J.- The opposite party No.3 in the aforesaid Civil Revision has filed this application under Order 39 Rule 4 C.P.C. for selling aside th......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......thers reported in 27 DLR 373 wherein a large number of decisions of the Appellate Division and the High Court Division of the Supreme Court have been referred. All those cases lay down the well known principle that complicated question of fact should not be entertained in a Writ Jurisdiction and Wri......tion and publication of result in the official Gazette. 2. The petitioner's case, in brief, is that he is a renowned social worker and has been working as Chairman of the Malonchi Union Parishad for the last four and half years. The petitioner contested the election along with respondent Nos.1 ......is more in the nature of summary proceeding in which examination of disputed question of fact of complicated nature involving production of evidence cannot, as a general rule, be undertaken. If the determination of the question raised requires production of evidence, such jurisdiction is not ordin..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ble care he would have clearly known that those are not genuine. In the absence of such evidence, proved beyond reasonable doubts the benefit of doubt would go in favour of the accused. That is the principle of law with which there is no dispute. 22. Now, coming back to the impugned judgment ...... Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
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. ......that people within and outside the project area do not suffer unlawfully. No person shall be deprived of property except under the law of the land; otherwise it would be subversive of the fundamental principles of a democratic Government and also contrary to provisions and spirit of the Constitution......itiated pro bono public. Initially, the petition was summarily rejected by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has......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. ..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. ......n has, if validly made, the full force and effect of a statute and this is so whether or not the statute under which it is made provides expressly that it is to have effect as if enacted therein. The principle that has been enunciated is not in dispute: question to be decided by us as to whether the......h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali......re the commencement of that sub-rule until he is retired or his office otherwise falls vacant.” From the language as employed in section 4 of the Act, 1974 it appears that legislative intent for determination of any area for the purpose of granting licence and appointing Nikah Registrar and als..Category: Civil Law | Date: | Hits: 90
....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.
......effective remedy for the petitioners to avail of. In such a case, in our view, this Court in its writ jurisdiction has every reason to react to the manifest injustice and try to remedy it.
17. The principle of natural justice not only applies to Courts but, nowadays more and more it is being appl......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the......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.
..
Category: Limitation Law | Date: | Hits: 175
....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.
......itioner in the examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the p......ted 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition, supplementary affidavit and affidavit‑in‑reply su......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.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......s not a respecter of any person. When a Labour Court passes a lawful order in respect of anybody it is expected that he should, however big he might be, respect the Court’s order. It is an accepted principle that the accused before coming to the higher Court for redress must submit first to the ju......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
.... the Jagannath Hall students in support of late Brigadier Khaled Musharraf, and paraded upto the Dhanmandi residence of late Sk. Mujibur Rahman. Since November 7, 1975 the detenu was organising and guiding the secret meettings of the Mujibbadi workers coming from across the border viz. India and......y protection, albeit a precarious one, that can be given is that unless there is strict compliance with the essential provisions of the rule, the detention order cannot be sustained. The essence of principle is to protect a person's personal liberty. It is true that the Courts are prevented from g......igh Court wherein the detenu's challenge to his order of detention passed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed.
Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca Unive......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
.... 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.
......are in respect of any matter agreed to be referred to arbitration. In a suit where claim is made which is outside the arbitration clause under the agreement the Court is bound to refuse stay and this principle has been well settled and has been well expressed by the House of Lords in the case of Hey......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... 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.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......oard and thus the mandatory provision of Section 10 has been violated. Reference may be made to the cases, reported in 27 DLR 567, DLR 48 and 40 DLR 21, on the above point. 11. It is the settled principle of law that requirements of law provided for preventive detention must be strictly follo......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an order for the release of her husband Md. Ofazuddin Dewan from detention. 2. On the application of th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
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. ......t permissive. The Courts below have only gone through the evidence by way of finding if there was a better or alternative reservoir of water for the plaintiffs. In other words thus considered the principle of necessity. It was never a matter of consideration before the Courts below. It has been .......3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for declaring customary right of user of the suit water reservoir by easement by long user......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. ..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......., his possession is in his own right and adverse to the transferor. If he continues in possession of immovable property for more than twelve years he will acquire an indefeasible title." 17. The principles of law enunciated in the above cases seem to be applicable to the facts and circumstances......peals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession......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...Category: Property Law | Date: | Hits: 66
....pugned order is, therefore, without jurisdiction.
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) 203.
......pugned order is, therefore, without jurisdiction.
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) 203.
......nst the Project Manager, Bangladesh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.8......t of any right guaranteed or secured to it or him by or under any law. As such, the respondent No.2 could have applied to the Labour Court under section 34 of the Industrial Relations Ordinance for determination of the quantum of termination benefits.
8. We do not express any opinion as to th..
Category: Labour and Industrial Law | Date: | Hits: 192
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 which the Election Commission has passed the order impugned in the suit cannot but be a part of the process of the election. In this connection it must not be forgotten that the well-recognized principle of the election law is that the election should not be held up and the person aggrieved ......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi...... they are creation of the special statute, that these rights are to be enforced in the manner prescribed in the special statute and the jurisdiction of the Election Tribunal set up for the purpose of determination of election disputes is exclusive. Referring to section 4 of the said Code he furthe..Category: Election Law | Date: | Hits: 207
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. ......y it away the next day after to his own use, are licences to the act of hunting and cutting down the trees but as to carrying away of the deer killed and trees cut down, they are grants." 17. This principle of law as to licence and grant had been reproduced in our Easement Act. Licence thus, be o......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda...... 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. ..Category: Civil Law | Date: | Hits: 72
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......r passed by the learned Subordinate Judge or the order of stay passed by the leaned District Judge. Mr. Rokanuddin Mahmud, the learned Advocate for the opposite party, submits that it is well settled principle that generally the Court will not interfere with the internal management of a company. Fur......r orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Court of Subordinate Judge, 1st Court, Dhaka praying for the following relief: “অতএব, উপরোক্ত অবস্থা ও ঘটন......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ..Category: Civil Law | Date: | Hits: 87
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