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Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......e matter of running and management of the Chittagong Steel Mills there arose some misunderstanding between the plaintiff and defendant No. 2, the Chairman, The plaintiff protested against some of the actions of defendant No. 2 which, according to the plaintiff, were detremental to the Mill itself. O..Category: Employment/Service Law | Date: | Hits: 108
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......at the plaintiff paid the 1st instalment on 12.3.70 but could not pay the 2nd instalment due to war of liberation though he was ready to pay the 2nd instalment within the stipulated time for which no action was taken by the decree‑holder; that the plaintiff being managing director of the said comp..Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
...... whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the Court. It was further observed that a person seeking judicial review of administrative or quasi‑judicial action must show that he has a direct personal interest in the act which he challenges before the pr..
Category: Constitutional Law | Date: | Hits: 246
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......e addressee had an opportunity to accept it and the service thus effected is, therefore, a good and valid service and that to invalidate such a service the defendant must expressly prove to the satisfaction of the Court, that what would happen in the ordinary course did not happen and that he did no..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......ailing to consider that the writ respondent No.3 stopped the writ petitioners' MPO on the basis of the allegation of forgery and the report of the Deputy Commissioner, Natore, recommending for taking action who made an enquiry and having found that the writ petitioners resorted forgery in enlisting ..Category: Employment/Service Law | Date: | Hits: 58
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......ted the suit by filing written statement on the allegation contending, inter alia, that the suit cannot be maintained in the present form and in the manner as described and that there was no cause of action to file the suit by the plaintiffs and that the plaintiffs had no right to file the suit. The..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... the requiring body with the writ respondent No.3, he was required to pay the said amount to the writ petitioners and other land owners and the writ respondent No.3 having had not paid the money, his action is illegal. 5. The Rule was contested by the requiring body as well as the writ respondent..Category: Property Law | Date: | Hits: 80
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......l who may be absorbed in supernumerary posts in the Ministry of Post and Telecommunications. (d) Clause 11 provides. (e) Clause 11 provides, amongst others, that if any disciplinary action is to be taken against personnel of BTTB who will be serving respondent No.6 either on deputa..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......t the amendment sought for will in no way change the nature and character of the suit. It will neither be inconsistent with the pleading of the plaintiff, nor will be any substitution of any cause of action as made out in the plaint. Hence the same ought to have been allowed by the learned Subordina..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......d and the order of suspension was not withdrawn because of the pendency of the criminal case. The plaintiffs are not entitled to seek any relief in the Court and that plaintiffs have also no cause of action for the suit. While the suit was pending the defendant filed a petition praying for return of..Category: Administrative Law | Date: | Hits: 189
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......manner."
10. Thus it is for the High Court Division to satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. The theory of subjective satisfaction as propounded by the Judicial Committee of the Privy Council in the case of Liversidge Vs. Si..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......pite of statements made in those suits the defendant No. 1 remained owner of the suit property and those Suits were collusive and instituted only to defeat the interest of the plaintiff. The cause of action for the suit arose on 15.7.82 when contract for sale was made and then on 4.9.82 when notice ..Category: Civil Law | Date: | Hits: 92
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ct of or for Breach of Duty or Breach of Contract on the Part of the Owner, Master, or Crew of the Ship, unless it is shown to the satisfaction of the Court that at the Time of the Institution of the Cause any Owner or Part of the Ship is domiciled in England or Wales: Provided always, that if in an......had considered the question of maintainability of admiralty suit before this Court after discussing in detail the history of this Admiralty jurisdiction and held as follows: "So far as the present action for non‑delivery of the plaintiff's cargo is concerned thus jurisdiction of this Court is n..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......g on record in support of these statements. These allegations are also too vague and lack in any particulars. 22. It is the established principle of law that truth is a complete defence to a civil action for libel. On a careful consideration of the entire evidence on record we have found earlier ..Category: Civil Law | Date: | Hits: 89
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......but in fact till to‑day he has not manufactured any such soap with the trade mark 'Capri'. Even the respondent No. 1 has failed to produce before this Court that he has taken any effective steps or action from which it can be presumed that the respondent No. 1 has got the bona fide intention to us..Category: Intellectual Property Law | Date: | Hits: 219
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......may in writing allow in that behalf deliver to the company‑
(a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several actions or items of property damaged or destroyed and of the amount of the loss or damage thereto re..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......te parties then again on 4.9.89 filed another application under Order 6, rule 17 of the Code of Civil Procedure for further amendment of the plaint for addition of a new prayer in respect of cause of action of the suit. In spite of objection from the side of the present petitioner the amendment was ..
Category: Property Law | Date: | Hits: 146
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
.... basis of the above miscellaneous cases. In this connection, we like to quote in to the contents of one of the 4 applications which are more or less similar. In the application filed in Miscellaneous Cause No. 25 of 1985, it is stated as flows: “বিনীত নিবেদন এই যে ......pt, if by those Statements, no attempt is made to put the Court in disrepute or to discredit it in the eye of others although such allegations may come within the mischief of any other law for taking actions. The learned Deputy Attorney‑General has taken us through the order of the learned Distric..Category: Criminal Law | Date: | Hits: 64
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......t. C should not be relied upon. It is difficult to accept the above contention of Mr. Mahabub. Prior to the agreement all things were done in order to arrive at an agreement finally. All the previous action is and negotiations will lead the parties to give a final touch in the matter of offer and ac..
Category: Property Law | Date: | Hits: 73
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... either under the statute or common law. There is a second class, which consists of those cases a statute has created a liability, but has given no special remedy for it; there the party may adopt an action of debtor other remedy at common law to enforce it. The third class is where the statute crea..Category: Civil Law | Date: | Hits: 79
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