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Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....International Agencies. Immunity may also be granted by specific statute as has been given in the Contract Act, but we do not find anything in the Code of Civil Procedure, permitting such immunity to legal processes. The lighterage concerned is well within the jurisdiction of Chittagong Court and......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....may be true". Considered as a whole the prosecution story may be true. But between "may be true" and "must be true" there is inevitably a long distance to travel and whole distance must be covered by legal, reliable and unimpeachable evidence. 20. The evidence referred above does not furnish a de......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ion of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka University Ordinances and Regulations......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....riod of detention until further order. The petitioner again moved a Writ Petition being No. 1651 of 1988 and a Division Bench of this Court; by an order dated 25.1.89 again held the detention to be illegal and directed the respondents to set the detenu at liberty forthwith and also to report complia......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....e 11 of Order 7 of the Code of Civil Procedure. The contention is of substance. Now, it remains for me to decide as to whether, in this case in view of the facts and circumstances, the Court is under legal obligation to make any enquiry under section 8(c) of the Court Fees Act to ascertain ad determ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....Bank to sanction House Building loan to the petitioner by way of overdraft limit which was initially for Tk. 100000/‑ but subsequently raised to Tk. 300000/‑, that in spite of several letters and legal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amou......he basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII of 1983), that in view of the change in the status of the plaintiff bank from a nationalised institution into a public limited company, it was n..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....arned Advocate appearing for the petitioner, submits that the petitioner‑corporation is entitled to purchase such allotment of shares on renunciation from the individual‑allottees and there is no legal bar to purchase such allotment of shares. Mr. Hoque submits that the petitioner‑corporation ......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....isallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner No. 1 Company is a public limited Company incorporated under the Comp......espondents No, 2 having taken steps for its winding up, the petitioner company filed an application for temporary injunction and the Court, by an order dated 28.6.86, directed the parties to maintain status quo till the hearing of the application for temporary injunction. 4. The further case of t..Category: Company Law | Date: | Hits: 213
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ntally proceeded with, but cannot be guilty of the alleged offence. He finally submitted that the sentence of imprisonment for life is too harsh and imposition of fine with imprisonment for life is illegal. 6. Mr. SB Barua, learned Advocate appearing for the State, in reply submitted that the ill......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....847, 1886 and 1806 within mouza Boyra, JL No.12 situate of Joragate under Upazila Doulatpur in Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to restore the petitioners the posses......A Khatian. The refugees and other anti‑social elements jointly and separately started obstruction against peaceful transfer of the acquired land by filing Civil Suits one after another and obtained status quo injunction orders from the Court. Thus all possible attempts were previously foiled to tr..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ntinuity of service and treating the period of absence from duly as on leave without pay"', that thereupon the Government by the impugned order dated 23.01.1994 reinstated him in service although illegally directing in paragraph No.3 thereof that the period of his absence would be treated as on ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....85 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2. This Rule arises, in short, out of the following circumstances: Respondents ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....3. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the po......e day after the submission of the nomination paper. The petitioner must clear this threshold difficulty on the day he files the nomination paper and not clear it on the day of scrutiny. Not only this status of a defaulter as to loan need be related to the day of submission of nomination paper but al..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
.... the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation resists this Rule by filing an A......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common questions of fact and law are i...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....e in our country for unfortunate allegedly kidnapped immature girls, the moot point in this case for determination is the age of the girl, that is, whether the girl is sui juris (a person having full legal capacity to act) or not on the facts alleged and proof furnished. Because in essence it is a c......over to the custody of her father, the petitioner, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing Rule a direction was given to maintain status‑quo with regard to the custody of the victim girl and the case in the Court below was allow..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....e only point as mentioned in the petition and virtually the main ground canvassed before this Court submitted that the workers under the Board like every other worker in other statutory board had the legal right to form themselves into a labour or Trade Union for the purpose of regulating the relati......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
....death. The learned Deputy Attorney General further argued that the learned Judges of the High Court Division overlooked the findings of the trial Court and erred thereby in holding that there is no legal evidence in support of the prosecution case that the accused respondent killed his wife and ...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ..Category: Procedural Law | Date: | Hits: 81
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... preach his own thoughts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have been made and passed illegally and without lawful authority, and should be set aside and cancelled. It has been stated, th...... 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
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....hether it was because of their disagreement of the issue of importing 28 gauge CI sheet for the Chittagong Steel Mill. He also stated in the said letter that the order putting him on suspension was illegal and malicious. Thereafter by a letter dated 2.5.83 defendant No. 3, Secretary, BSEC communicat......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
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