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Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......aintiffs and the defendant No.1 for a cash consideration of Rs. 3,500 paid to the defendant No. 1 and was authenticated on the same date by the Notary Public, that the defendant No. 1 also executed a power-of-attorney to carry out the purpose of the said agreement, that the plaintiff entered into po.......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......inst the appe­llate order of the 1st Court of Additional District Judge, Sylhet, whereby an order of the trial Court refusing to issue temporary injunc­tion was reversed and an injunction was granted putporting to restrain the defendant from interfering with the plaintiff’s possession ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......pazila Nirbahi Officer and another………………...Opposite Parties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Chand Mia being d......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ......red Trade Union or not, has been deprived of the benefits specified in that section......." 8. The order of termination as quoted earlier shows that the management sought to exercise their power under section 19 of this Act and offered to pay his salary for ninety days in lieu of notice a......sed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect. 2. The facts giving rise to this petition may be stated briefly hereunder: "The respondent No. 2 was employed as a......arty management has firstly contended that the complaint petition was not maintainable in view of the fact that the complainant was not a member of a registered trade union as to enjoy the protection granted under section 25 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965. The ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... a ground for divorce. They have no relevance on the question of Khula divorce. 12. It is no doubt correct that this Court did, in Khurshid Bibi’s case, lay down that the Courts do possess the power to grant a Khula divorce where the husband is unwilling to dissolve the marriage even though i...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and ......pondent Judgment November 11, 1970. The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......Rahman Khan contended, the learned Magistrate acted beyond his jurisdiction in directing issuance of warrants of arrest against the petitioners which in his view, must have been passed in exercise of powers contained in sub-section (3) of section 117. He pointed out sub-section (3) of section 117 pe................Petitioner Vs. Tobarak Majhi......................Opposite Party Judgment September 15, 1970. Result: The Rule is discharged.  Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Begum (1961) 13 D...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

.... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ......hellip;…….Respondents Judgment April 5, 2015 Result: The Rule is made absolute. Income Tax Ordinance (XXXVI of 1984) Section 120  IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section&nbs...... (HCD) (2016) 91   ...... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ..

Category: Fiscal/Taxation Law | Date: | Hits: 0

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ......o valid contract in between    the    parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal there......................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ......called on for hearing will determine the outcome of the proceeding under Order 41 Rule 19 of the Code of Civil Procedure. Order 41  Rule  19 of the Code of Civil Procedure gives  ample power to  the appellate Court to re-admit the appeal if the Court is satisfied that the appella......ip;Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate&m...... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ..

Category: Civil Law, Procedural Law | Date: | Hits: 2

AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......ondents Judgment February 11, 2010. Result: The Rule is made absolute. Equality of Opportunity in Public Employment— Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. Persons serving in same category/class are to be tr......; By this application under Article 102(a) (i) of the Constitution of People's Republic of Bangladesh, the petitioners, being thirty in number, have sought for a direction upon the respondents to grant the Government portion of the petitioners' salary, who are presently serving in different ..

Category: Administrative Law, Employment/Service Law | Date: | Hits: 5

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

.... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ...... purposes of this act, and of the salaries fees and allowances assigned to such officers and servants.” He then mentioned clause I(d) of section 35 which confers on the Board the power to make by-law for regulating the conduct, period and other terms and conditions of service of.........Petitioners Vs. The Board of Trustees, Port of Chittagong, and others..........Respondents Judgment March 25, 1975 Result: The Rule is discharged. Cases Referred to- A.F.M. Abul Fateh PFS, Ministry of Ex­ternal Affairs, Govt. of Pakistan, Karachi Vs. Pr......chedule of officers and servants for the time being in force, all administrative powers including those of appointing promoting, suspending and punishing the officers and servants of the Board and of grant of leave to them shall be exercised by the Chairman in the case of persons drawing pay in the ..

Category: Administrative Law | Date: | Hits: 1

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......ody is suspended under sub-section (1), the Registration Authority shall appoint an administrator, or a Care-taker Body consisting of not more than five persons, who shall have all the authority, and powers of the Governing Body under the constitution of the agency. (3) Every order of suspensio...... March 3, 1975 Result: The Rule be discharged. Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice— In accordance with the principles of natural justice, ......tion endorsement, land, building and other movable and immovable properties for promoting the alms and objects of the Society or in such conditions as may be mutually agreed upon. (ii) To accept grants from any Government, State Municipality Body, or Association on such terms and conditions as ..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ......‘appellant, has submitted that the appellant could not be legally convicted for the offence punishable under section 302 of the Penal Code as he caused the death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the app......ip;…………………………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ..

Category: Criminal Law | Date: | Hits: 2

Chairman, Power Development Board & Others, 1980, 9 CLC (AD)

....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......ed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin ......not interfere with the Labour Court's order observ­ing that the Pay Mdnual of East Pakistan WAPDA 1968 clearly laid down the grades of Linemen without any distinction." 5. Leave was granted to consider whether the High Court Division correctly interpreted the Revised pay-scale for ..

Category: Labour and Industrial Law | Date: | Hits: 1

Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)

.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......n is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of convic­tion.......p; April 17, 2014.          Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revision...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..

Category: Criminal Law | Date: | Hits: 5

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......D.L.R 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Additional Sessions Judge except the passing of sentence of death and has jurisdiction to ................Petitioner Vs. Syeedul Haque Chowdhury...............................Respondent Judgment November 14, 1985. Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury &am......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ..

Category: Criminal Law | Date: | Hits: 1

Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)

....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......minal Procedure under which an application for revival of the case as was made in the present case can be permitted to be filed. Not to speak of revival of the case by the Court concerned there is no power available to this Court even to direct fresh or further trial if the time as stipulated under ......ion No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the ins­tance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dha......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..

Category: Criminal Law | Date: | Hits: 1

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......learned Advocates it is necessary to mention the reasons for detention which prevailed upon the mind of the authority from time to time. The first order of detention that was passed under the Special powers Act mentioned that it is necessary to detain the detenu for reasons of (a) security (b) publi......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..

Category: Criminal Law | Date: | Hits: 1

Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ct Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District J......and others...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. ......o the High Court Division for revision of an order of the District Judge or, Additional District Judge as the case may be, made under sub‑section (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decisio..

Category: Civil Law | Date: | Hits: 2

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......he plaintiffs are entitled to maintenance from defendant No.1. He further submits that since both the Courts below concurrently held that plaintiffs are entitled to maintenance, this Court exercising power under section 115(1) of the Code shall not interfere with the finding of facts arrived at by t......s. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD)......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..

Category: Procedural Law | Date: | Hits: 31

Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)

....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......l revision application along with the judgments and orders passed by the Courts below annexed therewith. 7. It is by now a settled proposition of law that High Court Division under its supervisory power conferred by section 115(1) of the Code of Civil Procedure may even suo-moto dispose of a Civi......¦â€¦â€¦â€¦.Petitioner Vs. Dayal Chandra Biswas and others……………………………Opposite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears ......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..

Category: Procedural Law | Date: | Hits: 28