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Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......stated the legal position in the following terms: "Section 151 preserves the inherent power of the court to make such order as may be necessary for the ends of justice. It may be noted that the provisions of the Code are generally meant to serve the ends of justice but in their very nature the..Category: Procedural Law | Date: | Hits: 130
....r on the suit land and for permanent injunction restraining the said defendant opposite parties from treating the suit land as hat or bazar and also from holding any auction for the suit land and for mandatory injunction directing them to remove the huts if any erected in any portion of the suit lan......in the case of a decree for the specific performance of a contract or for an injunction) by his detention in the civil prison, or by the attachment of his property or by both".
Relying upon the provisions of rule 32 as quoted above Mr. Abdur Rab submits that the decree for permanent injunction..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......rney-General at the outset has taken the legal objection that the suit as well as the present appeal, which is the continuation of the suit, is not at all maintainable and should abate in view of the provisions of sections 86 and 87 of the State Acquisition & Tenancy Act, 1950 as amended by PO N..Category: Property Law | Date: | Hits: 118
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......y Mr. Alam, the learned Deputy Attorney General, that the case of the detenue has not yet been submitted to the Advisory Board and, of necessity, therefore he had to concede that having regard to the provisions of section 10, it would appear that the non-submission of the detenue's case within the p..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......of section 43 of the I.R.O., this cannot be held or regarded to be an industrial dispute according to the provision of I.R.O. 13. Section 36 provides the powers and procedure of Labour Court. The provisions is as follows:- "Section 36. (1) Subject to the provisions of this Ordinance, a Lab..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... on 9th April, 1974, popularly known as the Delhi Agreement on the plea of clemency is absolutely illegal and stands against the provision laid down in Article 47(3) of the Constitution read with the provisions laid down in International Crimes (Tribunal) Act. 1973 since the first amendment of our..Category: Constitutional Law | Date: | Hits: 314
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......ile Mosammat Suriya Begum, the Advocate, has appeared on behalf of the defendant opposite party No.1. Mr. Quyum has submitted that the suit property, admittedly, belonged to the Government. So as per provisions of Article 146 of the Constitution a suit in respect of it could only proceed in the name..
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......্ষেত্রে উক্ত উপ-ধারায় উল্লিখিত ভাড়া প্রেরণ খরচসহ জমা না করেন। 13. Upon reading the aforesaid provisions of law it is clear that the provisions are equally safeguarding the interest of both la..Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......writ petitioners filed the Writ Petition No.6501 of 2008 challenging the direction upon the respondents to consider the promotion of the writ petitioners to the post of Guard Grade II pursuant to the provisions of the Memo No.E-3/PM-8/89-107 dated 29.06.1998 issued by the writ respondent No.2; Bangl..Category: Employment/Service Law | Date: | Hits: 222
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......e got no manner of application in the instant case. The petitioners have totally failed to prove the fact that they are heirs of the original owner. Section 42 of the Specific Relief Act provides the provisions for passing declaratory decree which runs thus:—
"42. Discretion of Court as to Decl..
Category: Property Law | Date: | Hits: 118
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....nd decree being not executable, the decree holder opposite party again instituted other Suit No.10 of 2000 in the Court of Assistant Judge, Chandanaish under section 55 of the Specific Relief Act for mandatory injunction to reinstate the decree holder opposite party in his position and the said suit...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....luation the judgment of reversal on the basis of finding of facts cannot but be erroneous. 13. In this connection it may be pointed out that Order XLI, rule 31 of the Code of Civil Procedure is a mandatory provision of law to be followed by the appellate Court, in this regard, which mandates t......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......will be discretion of the Court to relegate the parties to a regular title suit." 10. In accordance with the above it needs to be said that it has been settled by now in several decisions that the provisions of section 26F of the Bengal Tenancy Act are similar to that of section 96 of the State A..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......d to order/judgment either allowing or dismissing pre‑emption case. Right of appeal is not a procedural Right but a substantive Right conferred by a Statute. Order XLIII rule 1 of The Code contains provisions for appeal against an order passed in a suit. Order XLIII rule 1(c) does not provide for ..Category: Procedural Law | Date: | Hits: 104
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......the present application is not maintainable. He has also referred to the decision reported in 36 DLR 316. 18. Dr. Rafiqur Rahman has referred to section 83 of the Companies Act. Relying on this provisions of section 83 he submits that since all the proceedings of the general meetings was produ..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......n in the post of Assistant Collector (presently Assistant Commissioner) in the BCS (Customs and Excise) Cadre in with section 5 of the Surplus Public Servants Absorption Ordinance, 1985. There are no provisions at all for withdrawal of such nomination. Hence, the stand of respondent No.2 is malafide..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......an Dass Nayar and others, 22 I.T.R. 418 the Punjab High Court held that the Income Tax Act, 1922 has entrusted to the Income-tax Officer the decision of, the facts and the law to decide whether the provisions of section 34 are applicable in a particular case. The exigencies of the State require th..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......earned Subordinate Judge has therefore erred in rejecting the petitioners' application under section 151 C.P.C. against the order dated 20.09.1978 accepting Commissioner’s report. 7. Under the provisions of section 104 of the Code of Civil Procedure the appealable orders are specified in Orde..Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......n Agreement dated 4-8-99. 4. Under such circumstances the learned District Judge, by his order No.37 dated 28-3-2006, upon discussing the entire facts and circumstances and considering the various provisions of law, including section 43(1)(ক)(উ) of the Act, rejected the prayer of the seller a..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......anslation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that in the event of conflict between the Bengali an..Category: Criminal Law | Date: | Hits: 131
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