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....se as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect.
2. The aforesaid Rule arises out of the following circumstances:
3. The petition...... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167...
Category: Labour and Industrial Law | Date: | Hits: 112
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....e judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') should not be declared to have been made without any lawful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reins...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....iled by a firisti. These applications came up for hearing on 26.3.89 before the learned Subordinate Judge, Rajbari and on that day the plaintiff also filed another application for substitution of the legal heirs of defendant No.1 on her death and for amendment of the plaint accordingly. All these ap......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. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....1984 with a prayer for declaration that the order dated 24.11.70 made by the Vice President of the United Bank Limited at Khulna Zonal Office suspending the plaintiffs from their respective post is illegal and mala fide and that the plaintiffs are in service from 24.11.70 till their reinstatement. ...... 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. ..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....12.84 (Annexure C‑3) and the order contained in the letter No. 1287 dated 15.9.87 of the respondent No. 2 (Annexure C‑4) should not be declared to have been made any lawful authority and is of no legal effect. 2. The facts leading to this rule, in short, are that the petitioner No. 1 is a pri......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..Category: Labour and Industrial Law | Date: | Hits: 115
Khokan Vs. State, 1990, 19 CLC (HCD)
....d in absentia without proper notification as required under section 27(6) of the Special Powers Act, 1974. He contends that the notification made by the Magistrate under section 339B Cr.P.C. is not a legal and proper notice, in view of the fact that the Special Powers Act made a special provision fo......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..Category: Criminal Law | Date: | Hits: 67
.... of detention has been annexed with the application and marked as Annexure‑A, that the subsequent arrest and detention of the detenu under section 3(1)(a) of the said Act is not only unlawful and illegal but it is mala fide and it has been made purely for collateral purpose to creates hurdle on th......, 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.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....ant No. 1 for declaration that he was the owner of 8.00 annas share of the suit property and that the Memo dated 19.8.82 issued by the DIT directing defendant No. 1 to deposit transfer fee etc. was illegal and had obtained an order of status‑quo in that suit; that the plaintiff further learnt that......as the owner of 8.00 annas share of the suit property and that the Memo dated 19.8.82 issued by the DIT directing defendant No. 1 to deposit transfer fee etc. was illegal and had obtained an order of status‑quo in that suit; that the plaintiff further learnt that the defendant No. 1 had filed Titl..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....cree of that suit is forged, fraudulent and collusive and not binding upon them. 9. Now the point for determination is whether the learned Assistant Judge, Sadar Upazilla Noakhali committed any illegality and material irregularity in passing the impugned judgment and order dated 23.08.1988 and w......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......n Ali J. - This Civil Petition for Leave to Appeal is directed against an interlocutory order dated 14.01.2010 passed by the High Court Division in Writ Petition No.6686 of 2009 vacating the order of status quo in respect of the Ad-hoc Committee of the school concerned. 2. Facts relevant for disp..Category: Others | Date: | Hits: 148
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....nt No.1 redeemed the mortgage and made the house vacant for execution and registration of the sale deed from 01.07.2002 up to 31.05.2003 and incurred a loss of Tk.20,000/-. Defendant No.1 issued a legal notice on 01.11.2002, but the said notice was returned without any endorsement. On 18.11.2002......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
.... predecessor thereupon mutated his name, paid rent to the Government and possessed the suit property till his death. The suit properties are not vested and non-resident property and the suit is not legally maintainable. 4. Mr. Biswajit Das, learned Deputy Attorney General, appearing for the pet......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....the owner of the ship is not domiciled in Bangladesh. He submits that as the goods in question were carried in a vessel namely, MV Banglar Collol belonging to the defendant No. 1 petitioner, who is a legal and juristic person in Bangladesh, a person who allegedly suffered damage or loss for the good......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....ere allowed to continue on the same bail by order dated 5.8.90 at the time of issuing the rule with a direction to file an application for bail as the learned Magistrate granted them bail without any legal authority. In this connection it may be pointed out that after the appeals of the petitioners ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....e publication of this statement is surely unfounded and made with a motive. The other offending statements of paragraphs 17 and 18 are that the plaintiff is trying to obstruct the defendants in their legal pursuit, and also starting false case against them and creating present and future trouble for......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....d to an order of anticipatory bail passed by another Bench of this Court in Criminal Miscellaneous case No. 34 of 1991 on 21.1.91. Considering the above facts and circumstances of the case and the legal position discussed above, the prayer for anticipatory bail is allowed for a period of one (1) ......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....red pending before any Court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no Court shall entertain any suit, application or other legal proceedings in respect of any such claim. Explanation.‑ For the purpose of this section, ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....t soap before respondent No. 2. It is further stated that at the relevant time though the two applications for the self‑same purpose were pending before the respondent No. 2, the respondent No. 2 illegally accorded registration to the respondent No. 1 on 31.8.87 without considering the application......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....fically mentioned in the charge‑sheet in violation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriated the said amount and by corrupt and illegal means abusing their position as public servant obtained pecuniary advantage either for themsel......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
....tion 28 of the Contract Act which runs as follows:
"Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enfor......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
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