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Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....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. ......stant Attorney‑General ‑ For the Respondent No.1. Writ Petition No.196 of 1989. Judgment Mohammad Abdur Rouf J.- The petitioner on 19.2.89 obtained this Rule Nisi calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia International Airport vide the rece..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......r script along with a biased report under his own signature, to defendant No. 2, the Controller of Examination, that on receipt of the report, he directed the plaintiff to show cause why disciplinary action should not be taken against him for removing the answer script, to which he relied, but his r..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... 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. ......as at all attracted warranting rejection of the plaint. 17. Order VII, rule 11 of the Code has clearly spelt out that a plaint shall be rejected (a) where the plaint does not disclose any cause of action (b) where relief claimed is undervalued, and the plaintiff on being required by the Court t..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......os and as such it cannot be liable for any personal offence of MV Hios. It is further stated that the present suit is not maintainable against the defendants inasmuch as the plaintiff has no cause of action against the defendants particularly against defendant No.3. 5. The plaintiff has filed som..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......g public interest or the necessity of doing it is the light of guidance provided by the Act and rules may not require intimation to person affected yet the exercise of discretion is vitiated if the action is bereft of rationality lacks objective and purposive approach. The action or decision must ..Category: Property Law | Date: | Hits: 92
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......s of the suit. 6. The petitioner further states that the petitioner decided to form an enquiry commission under the Commission of Inquiry Act, 1956, awaiting publication in the gazette for further action against those who are involved in the fraud and forgery directly or indirectly and to bring t..Category: Others | Date: | Hits: 118
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......the plaintiffs from the suit property through the said execution case, they were telling the people of the locality that they would soon dispossess the plaintiffs from the suit property. The cause of action for the suit arose on 21.10.1993 when the defendants along with the bailiff of the Court aske..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......examination within a very short time. So the decision was not imposed by the Government, rather the Commission independently took the decision. 26. Therefore, the writ petitioners have no cause of action to challenge the Notification. What is more, we have affirmed the judgment passed by a Divisi..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......ents.
Writ Petition No. 68 of 1986
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi issued under Article 102 of the Constitution the respondents were called upon to show cause as to why the action commencing with effect from January, 4, 1986 to construct a market complex on the drain passa..
Category: Property Law | Date: | Hits: 58
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......onstituent Samity, although she was a member of that Samity and was legally nominated as Chairperson. The connected resolution removing her and electing another Chairperson was done illegally and all actions taken in meetings are void. It has further been stated in the affidavit‑in‑opposition th..Category: Others | Date: | Hits: 136
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......s of 415 examinees on the ground that they committed irregularities and unfair means and as such the results were withheld. 223 examinees were served with notices to show cause as to why disciplinary action should not be taken against them. It is stated in the petition that the petitioners submitted..
Category: Others | Date: | Hits: 153
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......995 stands vacated. The Second Labour Court, Dhaka shall proceed with the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ি দমন কমিশন may proceed against the petitioner in accordance with law. Let a copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....ion, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit transferred withdrawn under this section from a Court of Small Causes shall, for the purpose of such suit be deemed to be a Court of Small Causes." 13. This sec......s is not the only ground authorising the transfer of suit under section 24 of the code of Civil Procedure. It is only illustrative and not exhaustive. This is paramountly a matter involving the satisfaction of the Court which exercises the power. What we want to say is that when certain common quest..Category: Property Law | Date: | Hits: 68
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......is special law will prevail over any other existing laws. He further submits that the pendency of winding up proceeding before this Court will not debar the secured creditor like BSRS from taking any action under Article 34(1) in order to realise its loan. He also submits that in the aforesaid aucti..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......eration the same could not be done at that time and after war of liberation they came to know from the said Jogesh Thakur that he made over the said agreements to the son of the defendant No.1 but no action appears to have been taken by the plaintiffs against the said Jogesh Thakur for such miscondu..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......a sudden an unpremeditated occurrence took place resulting in the loss of 5 valuable lives and also injuring some more others speaks volume that there was no premeditation, no pre‑plan or concerted action. The occurrence is nothing but an outcome of a sudden flash of rage, committed in the heat of..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......effect that the allegations as made in the GDE or the prosecution report do not constitute any criminal liability and the same at best burdens the accused with a civil liability and hence no criminal action lies against the accused petitioner, we like to observe on consideration of the above materia..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......f the Union Council as stipulated in the said section is applicable when any man who wishes to divorce his wife unilaterally does so and when divorce is effected by mutual understanding and bilateral action of the parties or at the instance of the wife, such requirement of notice to the Chairman of ..Category: Family Law | Date: | Hits: 185
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......isc. Case No. 9/75) was initiated, the kabala sought to be pre‑empted was not registered under section 60 of the Registration Act and on consideration of that fact trial Court held that no cause of action arose and consequently right to pre‑empt the land did not accrue and on that consideration ..Category: Property Law | Date: | Hits: 68
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