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Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......whether it is a writ of quo warranto or a certiorari. In any case, in spite of this ambiguity in the writ petition itself we like to decide the writ petition as it involves some interpretation of the provisions of the Constitution. 3. Mr. Khan Saifur Rahman at first referred to Article 67 of the ..Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......e, it cannot be said that Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore, other provisions of the said Rules also stipulate certain preconditions which have to be satisfied before ..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......ted 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, in short), 3. Being aggrieved, the peti..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......10(1) and (2) of the IRO for electing as its President, General Secretary and members of the Executive Committee some persons who are disqualified under section 7A of the IRO and for contravening the provisions of IRO and the rules of their own constitution or such other or further order or orders p..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......udge and Sr. Special Judge took cognizance of the offence against the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947. Meanwhile, to comply with the provisions of section 339B of the Code of Criminal Procedure, there was Gazette Notification and Pub..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......time of counting of votes and ordered a repoll for the whole. The Supreme Court of India held that such an order under compulsion of circumstances can be saved under Article 324 holding that when the provisions of the Representation of People Act is silent without any direction on either way, Articl..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......akes precedence and, of necessity, limits their rights. 20. The chapter on the fundamental rights are stated in Part-III of the Constitution. Article 26 provides that any law inconsistent with the provisions of the said part shall be void to that extent but Article 45 provides an exception in res..Category: Employment/Service Law | Date: | Hits: 148
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....erring to the deposition of any of the witnesses from either side. Such being the position, the learned Advocate submits further that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore......the deposition of any of the witnesses from either side. Such being the position, the learned Advocate submits further that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffe..Category: Property Law | Date: | Hits: 98
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....ted for in costs.” In that case the plaintiff prayed for declaration of his right of distribution, exhibition, exploitation etc. of a dupe negative of a Bengali Film “Chandranath” and for a mandatory injunction directing the defendant to deliver the dupe negative of the film to the plainti...... for which amount the plaintiff shall pay the requisite Court‑fee as ordered in the impugned judgment passed by the learned Additional Judge. 17. Considering all the facts, circumstances and the provisions of law as discussed above we find that the learned Additional District Judge has not comm..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......three months from the date of such decision or order, submit a petition to the District Judge in accordance with the provision of sub‑section (1) of section 35; and if such a petition is filed, the provisions of section 35 shall apply." In view 'the said provision a petition envisaged under sec..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... it is writ of certiorari failing within the provision of Article 102(2) (a) (ii) of the Constitution. He further submits that since the important questions of law as to the interpretation of several provisions of the Constitution of Bangladesh, particularly the question of constitutional qualificat..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... J. – These petitions arise out of the same judgment and therefore, they are disposed of by this order. 2. Defendants in a suit being Other Class Suit No.97 of 1997 for declaration of title with mandatory injunction are seeking review of the judgment and order dated 2nd November, 2009 of this D...... government free from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order of the High Court Division and the judgment of this Divi..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......on any of the grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of du..Category: Property Law | Date: | Hits: 81
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......rtfall was made after more than 2(two) years. Mr. Islam has lastly contended that the order of the executing Court is coram-non-judice, the same having not been constituted in accordance with the provisions of the Artha Rin Adalat Ain, 2003 and as such, the auction sale is liable to be set aside..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
.... the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction to restore back possession of the suit land to the plaintiffs. 4. The plaint......s the suit was filed on 03.11.1984, so the plaintiffs having been dispossessed from the suit property before filing of the suit they were required to pray for recovery of khas possession as per the provisions of section 42 of the Act. In coming to the above findings, the trial Court also noticed..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......t against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was that defendan..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......ised its lay out plan and changed the said plot along with other adjacent plots into commercial plots which were earlier earmarked for construction of cinema hall. Hence, question of violation of the provisions of the Town Improvement Act, 1953 does not arise as evidently those provisions are applic..Category: Property Law | Date: | Hits: 135
....eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......igh Court Division erred in law in directing to reinstate the writ petitioner in the service of the Corporation in failing to consider that he was terminated from the service for misconduct under the provisions of the Service Regulation of the corporation. It is further contended that the High Court..
Category: Employment/Service Law | Date: | Hits: 109
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......en by the prosecution or the Court to make the case ready for hearing either by splitting up the case of the absconding accused under section 512 of the Code of Criminal Procedure or by following the provisions of section 339 B(1) of the Code of Criminal Procedure as amended and issuing gazette noti..Category: Criminal Law | Date: | Hits: 68
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....e judicially enforceable. But Article 7 of the Constitution provides that any law inconsistent with the Constitution is void. 21. However Article 9 of the Constitution as quoted above is not a mandatory provision but is an enabling one as it is a direction on the State to encourage local gov...... Parliament is also regulated by the provision of the Constitution and it cannot pass any law which is inconsistent with the Constitution and as the impugned Ordinance is inconsistent with various provisions of the Constitution the Parliament has no power to pass the same and so the President a..Category: Constitutional Law | Date: | Hits: 461
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