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Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......de or given in pursuance of any of the provisions of this Order, (5) "Property" means property of any kind, movable or immovable and includes any right or interest in such property and any debt of actionable claim, any security or negotiable instrument, any right under a contract and any industri..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......tion and in the supplementary affidavit, submitted that the provisional work order that was issued in favour of respondent is bad in law. The petitioner's Company has all the experience in bamboo extraction and has all the requisites as per tender notice to do the job which requires some special ski..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......m from time to time to the defendants for release of the property starting from 30.6.1972 to 18.7.84 and had filed copies of about 2 dozens letters which are marked exhibits without objection, but no action was taken. Only on 2.1.84 a letter was issued by the Sub‑Divisional Officer, Sadar, Dhaka (..Category: Property Law | Date: | Hits: 73
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ion of the case‑land and, as such, they are not the aggressors in the present case and they, in exercise of their right of private defence of person as well as of property, had taken resort to such action as alleged by the complainant and therefore they have committed no offence according to law a..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......t during the pendency of the writ petition, if any decision, is found to have been taken or meeting is held with the petitioner this court must not take a notice of it because in no circumstances the action of the contending parties must not go to regulate the decision of the court on Rule, issued i..Category: Others | Date: | Hits: 133
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70....... Waqif have been conspiring to remove him from the office of Mutwalliship and filed an application before the religious Ministry. Prior to that, they had lodged several complaints and also took legal action against him which were not successful. They had also lodged a complaint to the Administrator ..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......not contemplated in the Code. When there is violation of a prohibitory decree there remains as such no decree to be enforced in the said sense of execution. In fact, the violation is a fresh cause of action and the remedy lies in a separate suit. 15. Furthermore heading of Part 11 of the Code con..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......p;………..……. (6) Section 10 code of civil procedure There is absolutely no legal bar in instituting as many suits as the plaintiff can on the same cause of action in as many different forums as he chooses. The remedy of the common defendant in the multifar..Category: Procedural Law | Date: | Hits: 92
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......y the opposite party but he has chosen to remain absent for reasons not known to us. The conduct of the opposite party prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 ..Category: Employment/Service Law | Date: | Hits: 94
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......ed an application for making the decree final. The learned Munsif by an order dated 25.8.1984 directed the plaintiff to deposit commission fee of Tk. 2,000.00 by a certain date, presumably for taking action for making the decree final. The petitioner filed an application under section 151 of the Cod..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......ircumstances as discussed above we are of the opinion that the petitioner’s fundamental right as enjoined in Article 40 of the Constitution has been violated and he has been prejudiced thereby, the action of the Board which is a statutory body is, therefore, unauthorised. In the result this rul..Category: Constitutional Law | Date: | Hits: 187
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......exceed the ceiling fixed by law. Present petitioner who figured as pre‑emptor opposite party in original pre‑emption case filed written objection contending, inter alia, that there is no cause of action against this opposite party, that the allegations made in the pre‑emption petition are fals..Category: Property Law | Date: | Hits: 72
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
...... Hossain, Administrative Officer (নির্বাহী কর্মকর্তা)of the registered company, Commander Soap Co. Ltd the suit is not maintainable and the plaintiff has no cause of action for the same.
2. That the order on injunction is vague.
3. That the trade mark of the d..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... guarantee and pre‑shipment guarantee and that plaintiff all on a sudden suspended the credit facility as a result the export business of the defendants came to a halt and because of this arbitrary action of the plaintiff defendants' business was ruined and that the stock of fish products as was k..Category: Civil Law | Date: | Hits: 92
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 1991 dismissing the suit for ejectment. 2. Petitioner as Plaintiff filed......endant under the said agreement. Clause 3 of the said agreement provides that if the defendant fails to pay rent continuously for 4 months the plaintiff would be entitled to recover the same by legal action against her, whereas Clause 4 provides that the defendant will be entitled to sub‑let the r..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... writ petition has not been filed for vindicating any of the terms and conditions of service of the petitioner. Conceding that the suppression of the petitioner has given rise to the present cause of action and has made him aggrieved the petitioner has challenged contravention of the Constitution by..Category: Employment/Service Law | Date: | Hits: 173
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......heard by a Division Bench of the High Court Division, who by their judgment and order dated 4-8-80, rejected the reference application and ordered a fresh assessment on the findings (a) that the transaction through the third party disbelieved by the Inspecting Joint Commissioner of Taxes and Tribu..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......o far as any judgment of the High Court Division or the Appellate Division is concerned what is done by the Court is to examine the law and declare what that law is and secondly, whether the impugned action or decision of the authority concerned against which the application under Article 102 was pr..Category: Constitutional Law | Date: | Hits: 181
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......mo dated 17-2-2005 given by the respondent No.1 communicating the opinion of the Ministry of Law, Justice and Parliamentary Affairs which is merely an opinion of the law Ministry. By that letter no action was taken against the petitioner. By the memo dated 06-3-2005 the respondent No.3 communicate..Category: Property Law | Date: | Hits: 126
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......d resolutions and the impugned Circular shall not be treated as having been passed without lawful authority and to be of no legal effect and why the impugned resolutions and the impugned Circular and actions of the respondents in not cancelling the impugned resolutions should not be declared to have..Category: Others | Date: | Hits: 123
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