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State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......l circumstances upon a proper and intelligent exercise of discretion. The ordinary law is that a person accused of a non-bailable offence must appear before the Court taking cognizance for making a prayer for bail. The prayer can be made when he is arrested or detained with or without warrant and ..Category: Criminal Law | Date: | Hits: 89
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ....... 2. After the case was made ready this Writ Petition along with Writ Petition No. 1706 of 1989 and Writ Petition No. 1321 of 1988 was heard on 2nd, 3rd, 4th and 5th April, 1990. On 10.4.90 on the prayer of the learned Attorney‑General Mr. Rafique‑ul Huq the matter was adjourned for filing af..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......pproval of the waiver of the mandatory destruction test and placed the same before the Chief Engineer (project) who placed the said note with his recommendation before the Member Engineering. But the prayer for waiver was refused by the Member referring the note to the Chairman, REB. Subsequently, R..Category: Employment/Service Law | Date: | Hits: 175
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......arties only. Neither the defendant No. 1 in his written statement Look any such objection of defect of party, nor his wife Braja Bashi Debi came forward to challenge the bainapatra in question with a prayer for her being added as a party in the suit. No such issue was proposed to be framed in the Tr..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....and the Government having failed to prefer any appeal against the said order for setting aside order and also having to set aside the said order by way of revision, the respondent Nos. 1 and 2 had no alternative but to comply with and implement the said order of the prescribed authority and, in supp......e certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....haka directing him not to demand any money from them and ultimately denied his claim. It has further been alleged that the defendants are trying to sell the timbers to other persons. Finding no other alternative the plaintiff-petitioner filed complaint petition Case No.1349 of 2004 through the const......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
....r of exercise of the extraordinary power in writ jurisdiction under section 102 of the Constitution in view of the provision of Article 117 read with Article 1021(5) of the Constitution providing for alternative forum in matters relating to or arising out of the terms and conditions of persons in th......cate cannot be given as the question involved is well settled and, therefore, the case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......l other processes obtained an ex parte decree on 9.3.63. They alleged that the decree had clouded their title and hence the suit. 3. The opposite party No. I was not a party in the suit and on his prayer he was added as defendant No. 12 in the suit and he filed a written statement denying all the..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ia in Title Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father ..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......peals the petitioner filed application under section 10 of the Code of Civil Procedure for staying further proceeding of the SCC Suits till disposal of the Appeals. The learned SCC Judge rejected the prayer and then the petitioner moved this Court and obtained Rules in Civil Revision Nos. 781 and 78..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....he view that applications under Order XXI, rule 90 of the Code of Civil Procedure are maintainable and that the High Court Division rightly interested with the auction sale. 14. Even if there is alternative remedy interference by the High Court Division is called for under article 102(2) of t......on made such order. These two orders revealed that Judgment debtor had full Knowledge about the purported steps taken by the decree-holder for sale of the mortgaged property but he did not make any prayer to pay the decreetal amount, rather he wanted the proceedings be suspended till disposal of..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....er acceptance of gratuity should operate by way of estoppel against her. 14. Mr. Khondker Amir Hossain next submitted that the petition is not maintainable as the petitioner has not availed of the alternative remedy by way of appeal as provided by service rules. 15. As the impugned order was n...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
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. ......of the purchaser. Moreover, the conduct of her husband indicates otherwise. We find from the record that as early as in 1963 her husband Abdul Khaleque applied for the citizenship of Pakistan but his prayer was rejected holding that he was still an Afghan national. Apart from that, the petitioner is..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering the materials on record as well as petitioner's application to discharge him from the case Court below rejected the prayer of the accused and framed charge against him under sections 406/420 of the Bangladesh Penal C..Category: Criminal Law | Date: | Hits: 132
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. ......en over as abandoned property and has been leased out to one Begum Roushan Ara. 7. The learned Subordinate Judge after hearing dismissed the suit on the grounds that a simple declaration without a prayer for consequential relief is hit by section 42 of the Specific Relief Act and thereby he held ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......to the members of an undivided family. Evidently the defendants were not members of the undivided family. From the judgments of both the Courts below it is not also found that the defendants made any prayer to buy the land transferred to the plaintiff under Exts. 1, (a) and 1(b) by Ejahar Mia. In vi..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......th notice for making it the rule of the Court and Title Suit No.467 of 1982 of the Court of Subordinate Judge, 3rd Court, Dhaka was instituted. The Court fixed 6.12.82 for return and order but on the prayer of the appellant 24.1.83 was fixed for filing written objection but the same was not filed on..Category: Alternative Dispute Resolution | Date: | Hits: 174
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....Referring the prayer made by the petitioner addressing the Secretary, Ministry of Education Annexure-H to the petition Mr. Siddiq has also pointed out that where the petitioner himself has prayed for alternative remedy by way of compensation he cannot invoke the writ jurisdiction compelling the resp......that unless a contract is signed the petitioner has acquired no right to have an order of mandamus compelling the respondent to issue an offer letter for the work shown in the schedule. Referring the prayer made by the petitioner addressing the Secretary, Ministry of Education Annexure-H to the peti..Category: Others | Date: | Hits: 133
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....elied on. All the witnesses from 4‑10 produced by the prosecution while examined in the court denied to have seen the occurrence though the death of Abu Sayeed is admitted by them. Finding no other alternative the witnesses were declared hostile and cross‑examined by the prosecution. But there a......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......Rahman, the learned Advocate for the applicant, prayed for a certificate under section 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
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