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Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....‑5 and one Amena Khatun as his heirs, they were substituted in his place as defendant Nos.1 (ka) to 1 (Cha). Defendant No.1 (Cha) namely, Amena Khatun, died on 2nd February, 1990 leaving behind her legal heirs husband, Mohammadullah and 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan ......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....exure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it ......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
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Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....om apparent infirmities so as to connect the appellants with the commission of the offence of murdering Masharuddin and the appellants having been convicted on surmises and conjectures rather than on legal evidence the judgment and the order of conviction cannot be sustained. 8. Mr. SA Hasan, the......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
.... record. It is his submission that in the instant case, the provision of Order 12, rule 6 of the Code of Civil Procedure is applicable and the Court has rightly passed the order causing no error or illegality or causing any injustice because the plaintiff in fact claimed much more than what is parti......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......ttention of this Court to paragraph No.1 of the plaint and argues that except mentioning a sentence that the plaintiff carrier on business of shipping, nowhere in the four corners of the plaint the status of the plaintiff as carrier of the disputed consignment has been mentioned and therefore, thi..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....e decision in the case of Abul Hossain Vs. Amjad Hossain reported in 62 DLR (AD) 436 in support of her contention. 12. Now, the point for determination is whether the Court below committed any illegality or material irregularity in passing his decision which is occasioning any failure of justic......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
.... Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the respondent No. 2 was an emplo......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....002, 7/2002, 9/2002, 10/2002, 17/2002 and 20/2002 vide Annexure-A to the 1st Labour Court, Dhaka (the respondent No.2) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
.... dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
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Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....D, Page-352. 15. Mr. Hafizur Rahman Khan, the State defence lawyer adopted the argument made by the learned Advocate Mr. Reza Uddin Khan and further submits that the Druta Bichar Tribunal acted illegally in convicting the accused-Saiful Islam and A. Jalil relying upon the confessional statement ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....led to obtain a certified copy of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissio......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...Category: Property Law | Date: | Hits: 65
....882. The appellant‑petitioner No. 2 lodged an objection to the Additional Deputy Commissioner (Rev.) praying for cancellation of the aforesaid order dated 20.1.81 the inter alia, that as he was the legal trustee by an functioning as such as per terms and conditions of the Trust Deed no other trust...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
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Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....orney General on behalf of the State-appellant submits that the second FIR was lodged by the proper authority and after due investigation police submitted charge-sheet on 30.09.2005. There being no illegality in filing a second FIR, the High Court Division erred in law in quashing the proceedings wh......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ind holding that the interest of the defendant No. 4 will be protected if he contests the suit as defendant in the suit. It appears to us that since the learned Joint District Judge committed gross illegality in rejecting the earlier application of the petitioner, we are of the view that the second ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....at the date of birth of the petitioner was 08.04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the audit objection is not legal and proper and the petitioner sustained loss and injury because of the objection of the Audit ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... No.2146 of 2003 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declarat...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with annexures is annexed to this petition......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
....s to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to the petitioners as undertaken b......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....declining personal relationship between writ-petitioner No.2 and the appellant and put the management structure of the Company in a shamble. At one point of time, the appellant alleged that she was illegally removed from the office of Managing Director of the Company. She filed an application under ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ssistant Professor and that the actions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking action against him. The answer to this point r...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
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