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Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal and void and also for mandatory injunction. 3. Some of the defendants appeared in the suit and the plaintiff obtained a......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nu and that he has been kept under unlawful detention for months together in violation of the fundamental rights guaranteed by the Constitution of the People's Republic and also in violation of the mandatory provisions of the Special Powers Act, 1974. It has been further alleged that the order of ......t he has been kept under unlawful detention for months together in violation of the fundamental rights guaranteed by the Constitution of the People's Republic and also in violation of the mandatory provisions of the Special Powers Act, 1974. It has been further alleged that the order of detentio..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
.... sending for the record. There is, however, difficulty in this regard to entertain appeals from the judgments or orders in proceedings under special law, over which we shall discuss later on. If this mandatory provision is not complied with, it is open to the Appellate Court to reject the appeal. Se......ourt shall apply its judicial mind as to whether the appeal is legally maintainable or not in view of sections 412 to 421 of the Code? The learned Deputy Attorney General has taken us to the relevant provisions of the Code. 5. Section 419 of the Code prescribes the form, the manner and the requir..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......jecting the appeal, preferred by the convict petitioner, summarily. 9. Mr. Md. Abdul Baset, the learned Assistant Attorney General, on the other hand, has submitted that there was no breach of the provisions of law in the proceeding which ended in conviction of the petitioner. He has submitted th..Category: Criminal Law | Date: | Hits: 87
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......ings of the Appellate Court confirm the misconduct of the plaintiff petitioner. He further submits since the service of the plaintiff petitioner is not regulated by the Service Rules of the Board the provisions of the Master and Servant Rules will apply. He further submits that since there is no sta..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....id J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several decl......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......r of the donees for paying debt of the deceased and also for doing other charitable and religious performance for him. He submits that although the deed was styled as a deed of gift would attract the provisions of sections 181 and 181A of Hindu Law and, therefore, deed under challenge was legal and ..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....pellate decree was challenged on several grounds. 13. First, Mr. Khalilur Rahman, learned Senior Advocate submitted that the suit, as framed, was not maintainable and the Appellate Court by way of mandatory injunction directed the bank to reinstate the plaintiff in violation of section 56(f) of t......herefore, lie against termination in a Civil Court. 27. Paragraph 6 of the agreement clearly took care of the employees of Uttara Bank in the following terms: "6. The company shall abide by the provisions of Uttara Bank (Employees) Service Regulations, 1981, in all matters in the terms and con..Category: Employment/Service Law | Date: | Hits: 174
Category: Property Law | Date: | Hits: 81
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ared without any lawful authority and to be of no legal effect. 3. The fact leading to the issuance of the aforesaid Rule is as follows: The University of Dhaka was established by and under the provisions of the Dhaka University Act, 1920 (Act No XVIII of 1920). The said University to the esta..Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......(hereinafter referred to as the 'Act'). The Learned Attorney‑General has submitted that the validity of the impugned notice could, however, indeed be challenged by the petitioner under the relevant provisions on revision of section 149 of the Act, but this the petitioners opted not to do. Failing ..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......nkrupt. 6. Admittedly, the Bankruptcy Act, 1997 has not defined the word 'debtor' although section 8 as well as section 10 refers to the word debtor. Section 10 runs as follows: "Subject to the provisions of this Act, if a debtor commits an act of bankruptcy, a plaint may be presented either b..Category: Civil Law | Date: | Hits: 83
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......application under clause (b) of sub‑section (3), whichever be earlier apply to join in the said application." This is an enabling provision. The latter part of that sub‑section contains a barring provisions, "any co-sharer tenant or tenant holding land contiguous to the land transferred who has ..Category: Property Law | Date: | Hits: 79
Category: Procedural Law | Date: | Hits: 72
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......e subordinate Courts have exercised a jurisdiction not vested in it by law, or have acted in exercise of it’s jurisdiction illegally which have occasioned a failure of justice or breach of some provisions of law or material defect in the decision affecting the ultimate decision, the revisional..Category: Civil Law | Date: | Hits: 55
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......a person fulfilling a contract with (the railway) administration.” Sub-section (5) of section 1 provides that Government may, after giving three months’ notice by Gazette notification, extend the provisions of Act to any class of persons employed in any industrial establishment or in any class o..Category: Labour and Industrial Law | Date: | Hits: 255
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......egal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power t..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......in the present case it is not even correct that any inadmissible evidence was admitted. The order of Tribunal was attacked as without lawful authority also on the ground that it is interpolate the provisions of the Representation of the People Act and held the simple appearance of the respondent'..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......he Court of the learned Subordinate Judge Chandpur for disposal who after hearing both the sides was pleased to find that the learned Assistant Judge failed to correctly understand and appreciate the provisions of sections 43 and 44 of the Acquisition and Requisition of Immovable Property Ordinance ..Category: Property Law | Date: | Hits: 47