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Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....—For the Petitioner. Mamtazuddin Ahmed, Advocate—For the Opposite Party No. 3. Civil Revision No. 90 of 1988. Judgment AM Mahmudur Rahman J.- This is an application for adding the legal heirs and representatives of the opposite-party No.1 in Civil Revision No.90 of 1988 and for d......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mills Ltd., at Dhamgarh Narayanganj......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....mage to the goods due to breach of contract or breach of duty or negligence or misconduct of the ship owner or the crews as envisaged in section 6 of the Admiralty Courts Act, 1861. In this view of legal position I am of the opinion that the Admiralty jurisdiction of this Division can not be exerc......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....e impugned order, contained in Annexure "H" to the petition. 3. In the petition the petitioner in fact took the stand that the above mentioned three Chairmen of the Union Parishads having not been legally elected under Section 16 (2) of the Union Parishads Ordinance by the majority of the total...... are not identical and their functions, powers, rights, duties and privileges are also not identical. The term "Chairman" as has been used under the Union Parishad Ordinance bears a special meaning status and position. Thus, the legislature intentionally did not include the "Acting Chairman" withi..Category: Election Law | Date: | Hits: 92
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ow/ditch land and developed the land investing of Tk. 1,50,000/-. The preemptor was aware of the sale and development of the land. The value of the land has increased now and for the purpose of the illegal gain and benefit, the pre-emptor filed the case which is liable to be dismissed. 4. The pr......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.....2009 issued by the respondent No.2 suspending the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without d...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....in Title suit No. 05 of 2011. 2. It appears that the suit was filed on behalf of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, mala fide and of no legal value. In the suit the plaintiffs filed an application for temporar......, we are not going to make any observation on merit. 9. Let the District Judge, Dhaka, be directed to decide the matter by 31st January, 2011. In the meantime, the parties are directed to maintain status quo till that date. However, let the interim order dated 16.01.2011 passed by the High Court ..Category: Civil Law | Date: | Hits: 91
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
.... with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging the legality and propriety of preparation of the voter list for holding election of the executive commit......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
State Vs. Masum and others, 2010, 39 CLC (AD)
....ney General further submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Addition......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....he evidence on record in arriving at such findings. Learned Counsel further contended that the Court of appeal below having held that exts.3(a) and 3(g) did not attract the suit land, there is no legal evidence to substantiate the plaintiffs claim of acquisition of title in the suit land and tha......have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871...Category: Property Law | Date: | Hits: 30
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......he CNG Filling Station which was received by the office of the Respondent No.5 on 25.03.2008, on receipt of such application the respondents investigated and inquired into the authenticity, means and status and worthiness of the petitioner. Being satisfied by a memo dated 17.04.2008, one Engineer na..
Category: Others | Date: | Hits: 82
....Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appointment often Additional Judges in the High Court Division shall not be declared to have been done illegally and without legal authority and to be of no legal effect and why the respondent should not b......ciation vs Union of India: AIR 1994 SC 268 = (1993) 4 SCC 441popularly known as Second Judges' Case, the constitutional bench of nine Judges considered the correctness of the ratio in SP Gupta on the status of Chief Justice of India in the matter of appointment of Judges for efficient functioning of..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......consideration. Accordingly, Leave is granted. Security of TK. 1000.00 is to be deposited within one month. The preparation of paper books is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This C..Category: Property Law | Date: | Hits: 32
....subsequent notification, so far relates to the post in which the respective writ petitioners have applied in response to the earlier notification, has been made without lawful authority and of no legal effect.
5. We have perused the leave petitions and heard the learned Advocate for the leave......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
..
Category: Employment/Service Law | Date: | Hits: 86
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... has not been proved satisfactorily and that the deed by Ramesh Chandra in favour of Arefa Khatun and Nazrul Haque and the deed dated 15.10.1946 and all the deeds of 1975, 1976 and 1985 have not been legally proved and marked exhibits in the Case and having allowed the appeal decreeing the suit, t...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ..Category: Property Law | Date: | Hits: 33
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......rder affirming those of the learned Assistant Judge in appointing the mother, Sabana Islam as guardian of the minor, Mahmuda Islam Jhinuk in respect of person and her property are confirmed, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....nd others, 43 DLR 226, another Division has followed the decision in upholding an order of affirmance rejecting the prayer for injunction. In Mofazzal Hossain and another Vs. Moinuddin being dead his legal heirs: Shams Begum and others, 3 BLC (AD) 78 the Appellate Division affirming the decision of ......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....ht of his judgment and order. He did so, presumably, to enable the pre-emptor to cure the defect of parties and proceed with a properly constituted suit. It has, therefore, given rise to an important legal question touching the powers and functions of an appellate Court. The question is, when an app......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
.... 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the acc......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
....s. On 31‑1‑99 the plaintiff instituted the suit for a decree of several declarations, namely, issue of adjudication orders as described in schedule-A to the plaint against the plaintiff are all illegal, improper and no legal effect, that the joint declaration dated 1‑8‑91 executed in between......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
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Category: Procedural Law | Date: | Hits: 60
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