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Bangladesh Anjuman‑e­-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

....name of the Secretary of the Organisation in person as the is petitioner, the application under Article 102 of the Constitution for enforcement of fundamental right as prayed does not suffer from any defect on the ground of locus standi of the petitioner to file the application. 4. Now as to the ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..

Category: Constitutional Law | Date: | Hits: 204

Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)

....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......appearing in section 25 of the Act. The word "case decided" shall not be given a restricted meaning to include only a case decided on merits inasmuch as such restricted meaning will operate against a party to a suit which is dismissed for default and the Court will be debarred to exercise its discre..

Category: Procedural Law | Date: | Hits: 104

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ......e order of dismissal into an order of termination under section 19(1) of the said Act and treating the date of his judgment as the date of termination and in directing the petitioner to pay the first party termination benefits from the date of suspension till the date of judgment within 30 days from..

Category: Labour and Industrial Law | Date: | Hits: 133

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

.... dismissed with cost." 5. Following issues were framed by the Trial Court: 1). Is the suit maintainable in its present form? 2). Is the suit barred by limitation ? 3). Is the suit bad for defect of parties? 4). Is the plaintiff entitled to get decree as prayed for ? In addition to ......egations. The positive case of the defendant No. 1was as follows: "The Amir Market branch of defendant No, 1 released the shipping documents as and when the relevant bill amount was paid up by the party concerned. Amir market branch of defendant No. 1 never illegally or arbitrarily withheld the s..

Category: Civil Law | Date: | Hits: 83

Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......Court arising from an order passed in an execution case did not abate on the death of the respondent though the appellant failed to apply to make the legal representative of the deceased respondent a party to the appeal within the time prescribed by law. Calcutta High Court in the aforesaid decision..

Category: Civil Law | Date: | Hits: 103

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447....... the election was held under the able guidance of the said interim Government and the conviction was held on 27th February, 1991 in a peaceful manner where all parties took part, including the Jatiya party (JP) and the present petitioner who is a former Minister under the previous Government also co..

Category: Criminal Law | Date: | Hits: 98

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....ffs title in the suit property. 4. The defendants No. 1 contested the suit by filing written statement denying material allegations in the plaint and stating, inter alia, that the suit was bad for defect of parties; that the suit was not maintainable; that the plaintiff has no title and possessio......out impleading the said corporation. Under the provision of Section 6 of the Bangladesh Transfer of Immovable Property (Temporary provisions) Order 1972 (PO 142 of 1972) the Government is a necessary party in a suit for declaration of title when directly or indirectly Government is going to be affec..

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......utes, to undertake collective bargaining with the employer and to act as agent of the workmen in connection with these disputes, Further, in all proceedings under the said Ordinance where a worker is party, the worker may be represented by the Collective Bargaining Agent as against the employer who ..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417........ Judgment Habibur Rahman Khan J. - At the instance of the accused‑petitioner Mohammed Jamir Sheikh this Rule was issued calling upon the Deputy. Commissioner, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 ..

Category: Criminal Law | Date: | Hits: 70

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....ramed for determination : 1) Whether the suit is maintainable in its present form and manner? 2) Whether the suit is properly valued and Court fees paid is sufficient? 3) Is the suit bad for defect of parties? 4) Is the suit barred by limitation, estoppel, waiver and acquiescence? 5) ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)

....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......peal is directed against the judgment and order dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005 discharging the Rule. 2. Short facts are that the opposite party as plaintiffs instituted Title Suit No. 284 of 1979 impleading the petitioners as contesting d..

Category: Property Law | Date: | Hits: 69

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......er a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party in Civil Revision No.674 of 1990. By virtue of a similar Heba‑bil‑ewaz he also transferred..

Category: Property Law | Date: | Hits: 78

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....e that they crumble when subjected to close and critical examination, so that whole superstructure built on such insecure foundation collapses. Incriminating circumstances which might give support to defective and unreliable evidence cannot avert a failure of prosecution case. 29. In the instant ......e paid to the informant Omar Ali. 2. Prosecution case, in short, is that there has been a long standing enmity and protracted litigations between the informant Omar Ali on the one hand and accused party on the other. Messers Paul Choudhury was the Zaminder and Land holder of that locality and tha..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ng of the ordinance 2008 the respondent No.2 and respondent No.6 signed the agreement wherein some provisions were made touching the service conditions of the petitioners but the petitioners were not party to the agreement and thereby they are not bound by the terms of the agreement. It appears from..

Category: Constitutional Law | Date: | Hits: 145

Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......Kapashia Police Station on 26.9.1991 stating that his youngest brother Hablu went to Trimohoni Bazar from their house in the evening on 22.9.1991 but thereafter, he did not return home. The informant party searched for him but could not trace him out. On 26.9.1991 his dead body was found decomposed ..

Category: Criminal Law | Date: | Hits: 69

Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)

....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for disposal of the Rule are as follows: On 16.8.88 the plaintiff opposite party No.1 instituted a suit being Title Suit No.48 of 1988 in the Court of the Subordinate Judge, R..

Category: Procedural Law | Date: | Hits: 84

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... 2. Facts relevant for disposal of the rule in a nutshell are as follows: The petitioner as plaintiff instituted the aforesaid Other Suit No.510 of 1981 on 1.9.81 against the defendant‑opposite party and another for ejectment of the principal defendant‑opposite party No.1 from a portion of t..

Category: Procedural Law | Date: | Hits: 94

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......bordinate Judge, Rajbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her na..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... filing affidavit‑in‑opposition have controverted the statements and allegations made in the application. 6. At the outset Mr. Sk. Razzaque Ali, the learned Advocate appearing for the opposite party, raised a preliminary objection as to the maintainability of the revision case under section 1..

Category: Administrative Law | Date: | Hits: 189

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ...... his statement made in the application and further stated that the policy of the neutral Government is to allow every citizen to participate in the ensuing parliamentary election irrespective of his, party affiliation and the detenu is contesting from two constituencies from the district of Noakhali..

Category: Constitutional Law | Date: | Hits: 178