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Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......castic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering with the course of justice is contempt. To prejudice the general public against a party to an action before it is heard in another from of contempt.” 14. Further in the decision..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......he appointment has been made by a person who had no authority to appoint. 39. Article 102(2) of the Constitution does not require that the applicant for a writ of quo warranto must be an aggrieved party. Any person may apply as the inquiry relates to a matter in which the public ire interested. A..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......of the Arbitration Tribunal and the petitioner submitted its case in writing before the Arbitrator. The points taken by the Nabarun Sangsad before the Arbitrator were that the BG Press Club was not a party in the football match held on 19.8.90, that the BG Press did not file any Appeal challenging t..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......nt No.2 Abul Hossain filed IRO case No.33 of 1987 in the Third Labour Court, Dhaka stating as follows:
He claims that he was an employee serving as No.2 Tongsman in the establishment of the second party‑petitioner New Eastern Trading Corporation Limited since 3‑2‑86. Respondent No.2 also cl..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
.... it proved by extraneous evidence that they were placed before the sanctioning authority, the sanction is invalid and the trial Court would not be a Court of competent jurisdiction. This being so the defect cannot be cured under section 537, CrPC as a defect in the jurisdiction of the Court can neve......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......w relating to the Evidence but also rule of procedure. Section makes the provision for impeaching on the ground of fraud documents Interparties. Under section 44 of Evidence Act it is competent for a party to suit or other proceeding to show in it that a document or a decree has been proved against ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......der section 10 CPC by the petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plo..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......g himself to be "son of late Brojendra Nath Bondopadhya, C/o Kazi Saifullah, Advocate, Judge's Court, Altapole Lane, Khulna PS and District Khulna (described in the revisional application as opposite party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against ..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t an order of termination with stigma is a punishment and can be interfered with. But where the Labour Court finds that the order of dismissal cannot be maintained on facts and there is no procedural defect in holding enquiry by the domestic tribunal, it can convert an order of dismissal to an order......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ion to interfere with a finding of fact, however gross and inexcusable the error may seem to be, unless there is an error in the procedure provided by law which may possibly have produced an error or defect in the decision of the case on merit. If the lower appellate Court ignored some material evid......duced, the appellate Court cannot properly pronounce judgment. But at the same time it is to be borne in mind that the admission of evidence should not be ordered to supplement the evidence of the party or to make up the weakness of his case and fill up the omissions. The discretion of the Court ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....erty to which document relates is situated within the jurisdiction of Sub‑Registrar, the Sub‑Registrar has no jurisdiction to register the document and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87. The learned 1st ap......ice by including therein a fictitious piece of land of Baliakandi Police Station though the kabala land lies within the jurisdiction of Pangsha Sub‑Registry Office and that the appellants being not party to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on regist..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......Revision No.565 of 1991 (Dhaka). Criminal Revision No.70 of 1986 (Comilla). Judgment Abdul Hasib J.- This Rule was issued calling upon the Deputy Commissioner, Feni, and complainant opposite party No.2, to show cause as to why the judgment and order dated 7.6.86 passed by Sessions Judge, Fe..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....on being contrary to law or some usages having the force of law. (b) the decision having failed to determine some material issues of law or usage having force of law. (c) a substantial error or defect in the procedure provided by Code of Civil Procedure or any other law for the time being havi......ev with Nazrul Islam Chowdhury and DJ Syam, Advocates ‑ For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree dated 28.2.1981 and 6.3.1981 respectively ..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......Order 21 with reference to the relevant earlier decisions of other High Courts of the subcontinent. After a careful review thereof it laid down that no inquiry into the title or possession of a third party is contemplated at any rate at his instance either under rules 35 and 36 or rules 95 and 96 of..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......he principal sustained any loss due to the act or negligence of the agent, there are provisions for making it good to its principal. Therefore, the agent is not acting for or on behalf of the third party or is acting for the benefit of the third party. The agent, on the other hand, is acting for t..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......d (7) of Rule 6 for the purpose of the present case (the other sub-rules not being relevant to the case are not quoted). The said sub-rules read as follows: (4) Where on the day so fixed neither party appears and it is found that the notices to appear have been served upon the parties to the ..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......isdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Jashim and others ……………..………Petitioners Vs. The State ………………………………….Opposite party Judgment March 14, 2011. Lawyers Involved: Md. Harun-Or-Rasid, Advocate-For the pe..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......his part of the contract. 7. It is further stated that this application under section 38 of the Companies Act is not maintainable inasmuch as in the agreement the respondent No.2 company was not a party. As the shares had already been transferred and registered in favour of the respondent No.1, t..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t traumatic arthritis. On 5.1.97 he got himself admitted in BUPA Hospital, Bushey and go his said injury operated and on 25.4.87 his plaster cast was removed and he was said to be recovered from such defect within one year. It is further alleged that on 3.12.86 police submitted charge sheet in the a......nded the Parliament Sessions held before 10.11.86 and drew his usual allowances upto 6.11.86. 4. It is alleged that during the month of October and November, 1986 he was pressed hard by the ruling party to support the 7th Amendment Bill of the Constitution of the People's Republic of Bangladesh. ..Category: Constitutional Law | Date: | Hits: 288
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