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....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......quiry in the
matter of Wonderland Toys Ltd. as connected facts. Secondly the enquiry
proceeding being a fact finding process does not require service of any prior
notice either under the settled principle of law or under the provisions of section
21 of the Securities and Exchange Ordinance. Th......
principal, but it is no part of his duty to carry out a direction which is not
according to law. If the principal gives an order to his agent which is not
lawful, the compliance with such an order amounts to an unlawful act which
according to the basic law of the society, he is not bound to do. ..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......nd proper and it may, in appropriate cases require, by such order, reinstatement of complainant thereof and such order shall be final: Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;" 40. It has been observed in the afore..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......from time to time, it is stated in the petition that 226 members of the Fifth Parliament, as subscribers of telephones, defaulted in paying their telephones, defaulted in paying their telephone bills amounting to Tk. 3,85,88,898 to BTTB (Annexure-A). It is also stated that another 216 members of the..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner n......ner under suspension about 22 months ago but failed to start a proceeding till today with a motive intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the p..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......y be defeated if withdrawal of suit is made a condition for bail. In the instant case, the impugned order for withdrawal of the suit as a condition for bail is not supportable either in law or on the principle of reasonableness. 10. In the result, the Rule is made absolute. We set aside the port...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......cate for the opposite party submitted that both the courts below passed sound judgments and decrees. He further submitted that the suit was not maintainable since barred by limitation and hit by principle of res judicata. He against submitted giving a short back ground of the suit land that one...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......e, of the view that the plaintiff is entitled to a decree for specific performance of contract in respect of the suit property. It will be in the fitness of things and quite in consonance with the principle of justice, equity and good conscience to decree the suit. The learned Subordinate Judg......he defendant No.1 and the defendant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the plaintiff is that it was stipul..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree-holder filed an execution case being Money E..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......l address available with the
college authority, etc. Mr. Rahman submits that the impugned order of
dismissal of the plaintiff-petitioner is illegal, without lawful authority and
violative of the principle of natural justice having been passed without giving
her any opportunity of being heard. ......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......o be consistent and unimpeachable, and the defence side could not even cross-examine her with reference to the earlier 161 statements to bring any omission or contradiction. It is also an established principle of law that it is not the quantity but the quality of evidence is necessary to be consider......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... by BUET laboratory, PSI was found to be of 57.96 instead of 100% and the Chief Engineer accordingly, directed for payment on the basis of said 57.96% of the final bill and the plaintiff received the amount without any objection. After such acceptance by the plaintiff without any objection, the suit..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......within the meaning of section 23 of the Contract Act, it has been held that: "the question whether a contract or a term of a contract is opposed to public policy or not is to be decided on general principles only. Such a. contract was immoral and opposed to public policy. Although a marriage when......." 38. In the case reported in 4 Bombay Law Reports 948 (DB) it has been observed that "a transaction to be void as being against public policy, must be found as a fact, in its inception, not amount to or involve an illegality or be of such a nature that, if permitted, it will defeat the pro..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cision-maker cannot complain if he is held to have had
no rational reason for deciding differently, and that in the absence of reasons
he is in danger of being held to have acted arbitrarily". This principle
as he submits, has been considered in the reported case of Tata Cellular
Vs. Union of ......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......t, no separate designation of these areas also is necessary for involving more than one district, then only a designation of that area as an administrative unit will be necessary." Elaborating the principle in respect of an 'administrative unit', his Lordship held at para-29: "29. For true con......may without designating an area as an administrative unit for the purpose of Article 59 in exercise of its plenary legislative power (Article 65) establish local Government is mischievous as it would amount to defying the mandate of Articles 59 and 60 which cannot be permitted. The argument, therefo..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......e Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Co......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......e disqualification to continue in the office of 'director' shall remain confined to the failure of any director of a Banking company to repay the loan or advance received by him or to pay the amount of any guarantee given by him or to do any act or perform any undertaking agreed to or given ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ...... case in connivance with some of her enemies, that he is quite innocent and that he has not committed any offence under section 6(5)(b) of the Muslim family Laws Ordinance,1961. 18. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled namely, (i) tha......wherein their Lordships held that Muslim Marriage is a socio-religious contract between man and a woman and, as such, signatures of the parties in the Kabinnama are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence Sufficient to prove m..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......plaintiffs did not adduce any evidence to prove their case of adverse possession rather they relied upon Exts. 1, 2 & 3 the receipt, bainapatra and kabala in support of their title. 16. The principle of law is that the case of adverse possession must be specifically pleaded in the pleading......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......fication in any dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nepotism and favouritism instead of following the rules and procedu...... trial Court judgment. He continued that the present suit being an open and shut one for decision of the suit depends upon the documents only consideration of the same in granting relief does not amount to giving decision on merit of the suit, but the appellate Court below has erred in law in f..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......e defendant while the defendant was a student. The plaintiff then alleged that the defendant created pressure upon the plaintiff to bring Taka 2 lac from her father but as she refused to get the said amount, the defendant assaulted the plaintiff and ultimately denied their marital ties. The plaintif..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
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