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....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......in 1965 the Emergency Ordinance as well as Emergency Rules came into force. After the withdrawal of emergency the Enemy Property Ordinance (Emergency Provision), 1969 came into force in which several provisions of the Emergency Powers Rules were kept alive. In 1974, under Emergency Property (Continu..
Category: Property Law | Date: | Hits: 134
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376........ It is stated that when under Rule 50(2) of the PATC Employees Service Rules, 1992 the termination order was issued there was no necessity of giving show cause notices to the employees and under the provisions of Rule 50(2) the Authority was quite competent and authorised to issue such impugned ter..
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ave been stopped and the accused persons released. In this connection, he has submitted that section 5 of the Criminal Law Amendment Act was amended by inserting section 5A by giving reference to the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure. According to him, th..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......rthquake, subsidence, landslide, avalanche, hurricane, cyclone/volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer alleges that by reason of the provisions of Exclusion a) above any loss, destruction or damage is not covered by this policy, the ..Category: Business or Commercial Law | Date: | Hits: 522
....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
......w is well settled that under a special law where a time limit has been given to file an appeal, the provision of section 5 of Limitation Act will not apply and the Customs Act being a Special law the provisions of section 5 of the Limitation Act shall not apply for condoning the delay in filling app..
Category: Limitation Law | Date: | Hits: 324
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......omplaint has been filed by complainant opposite party No.1 Md. Zakaria and cognizance of the offence under section 467 of the Penal Code has been taken against the accused in contravention of the provisions of sections 195 and 476 of the Code of Criminal Procedure. 2. In this case complainant..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......did not raise any objection after the dissolution and reconstitution and as such there was a new contract between defendant Nos.1 and 2 and the contract of 1973 was legally novated in 1978 as per the provisions of section 62 of the Contract Act to which Mr. T.H. Khan says that story of novation shou..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......tition No.564 of 1985, where one of us (MM Haque J) is a party, an objection was raised when a teacher of the Adamjee Jute Mills School had been ordered to be retired at the age of 57, in view of the provisions of the Bangladesh Public Servant (Retirement) Act, 1974. Such objection was turned down o..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......sides, section 25B speaks about taking out of Bangladesh jute, gold or silver bullion, manufactures of gold or silver, currency, articles of food drugs, imported goods or any other goods but the said provisions does not specifically spell out about the antiquities. 16. Besides, if the allegation ..Category: Others | Date: | Hits: 159
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
...... On the other hand, the learned Counsel for the petitioner has referred to certain decisions and the nature of his work which shows that he was in fact a worker and not an employer and therefore, the provisions of the Standing Orders Act applied to him. We will not go into the question whether the p..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......is also contended that the decree is not sustainable because after filing of the award by the arbitrator before the Court, the Court did not notify the present petitioner about same pursuant to the provisions of section 20 of the Act in that view of the matter being in the dark about the arbitrati..Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ancy Act reads as under: “76. (1) Settlement and use of land vested in the Government; Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government, and the Government sha..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... quantum of the land and in place of 0.45 acre 0.51 acre is to be read. But we have found that this amendment by the impugned Gazette Notification is illegal as it has been made in clear violation of mandatory provision of law aforesaid. 17. In view of the discussions and decisions referred above...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......or of the former suit. It is nowhere provided that it is only the Executing Court which can stay.” 6. But from the aforesaid decision it is seen that the Executing Court can stay only due to the provisions made in sections 37 and 42 of the Code of Civil Procedure. 7. In the said decision it ..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......et the case set up in the amended plaint. 8. The defendant cannot have unfettered right to change the written statement in toto or substitute it by a completely new written statement. Although the provisions of Order 6 rule 17 may not strictly govern such amendment in the written statement by an ..Category: Procedural Law | Date: | Hits: 148
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....y passing the impugned order of transfer of the pending suits in question. Mr. Mashi-Ul-Islam further contended that the saving clause as has been given in section 5 of the Ordinance in question is a mandatory one and must be complied with as such. 8. Mr. P.K. Bosu along with Mr. Mansur Habib, th......endent submissions on the points involved in these Rules. Accordingly, the learned Deputy Attorney-General Mr. Kaiseruddin Ahmed appeared before this Court as amicus curiae and submitted that the provisions in section 5 of the Civil Courts (Amendment) Ordinance, 1983 are not at all mandatory but..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......any officer under these rules and make such consequential orders as may, in its opinion, be necessary for ensuring that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and these rules." 18. We do not find any expression above enablin..Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......vance in the present case as it is not a special case triable by the Special Judge under Act XL of 1958. This newly inserted section 5A of the Criminal Law (Amendment) Act, 1958 has not amended the provisions of section 167 of the Code of Criminal Procedure in respect of cases triable by the Mag..Category: Procedural Law | Date: | Hits: 127
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481....... "It is true that in ordinary circumstances the effect of abatement should not be allowed to be got over by securing an addition of the parties." If the same would be freely permissible then the provisions of Order 22 of the Code of Civil Procedure would be rendered nugatory. This, however,..Category: Property Law | Date: | Hits: 98
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......aper, barren of Declaration, may prove futile though, because the buyer would not be able to publish it without authenticated Declaration in his favour. 43. What is crystal clear from the relevant provisions of the Act are that a Declaration in respect a news paper can only be authenticated in fa..Category: Others | Date: | Hits: 171
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