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Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
.... possession and those statements regarding adverse possession being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge most illegally rejected the application for amendment. The learned Advocate further submits that at the tim......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
....how cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing the impugned Judgment and oth...... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
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Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....ed to as The Ordinance of 1961). ii. Whether the verdict, of acquittal absolving accused-respondent of the charge installed against him can be sustained in law. 4. In approaching the question a legal survey on laws and principles of interference and noninterference of a Judgment of acquittal......hat the object of section 7 of The Ordinance is to prevent hasty dissolution of marriage by talaq proposed by husband, unilaterally, without an attempt being made to prevent disruption of matrimonial status. It has been further laid down that unless provision of section 7(1) of the Muslim Family Law..Category: Family Law | Date: | Hits: 165
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....ection as he was a defaulter in the repayment of a loan amounting to Taka 16,651 taken by him from Bangladesh Krishi Bank, Barakhada Branch, Kushtia. Further allegation was that by taking resort to illegal practices the opposite party No.1 secured the highest number of votes. 3. The opposite part...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
....e plaintiff, the matter would be heard ex parte. It is the plaintiffs case that the appointment of Mr. Justice Sultan Hossain Khan as an arbitrator sole arbitrator unilaterally by the defendant was illegal, because there was nothing in the contract agreement empowering the defendant to appoint an ar......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....ndent, and another from the suit premises alleging, inter alia, that defendant No.1 in the SCC suit was a monthly tenant under the plaintiff who habitually defaulted in payment of monthly rents and illegally sub‑let some portion of the suit premises to defendant No.2 of the said suit. Both the def......d written statement to contest the same. On the prayer of the plaintiff of the subsequent suit, the learned Subordinate Judge, Commercial Court No.1 was pleased to direct both the parties to maintain status quo in respect of possession, but in spite of the said order of status quo, it was alleged th..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....propriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the same is vitiated by lack of competence and not following the legal procedure as laid down in law and whether the conviction is based on proper sifting of evidenc......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....3 in connection with the previous loan and also furnished additional charge document which are applicable to the previous loan also. It was lastly submitted that the defendant is ready to pay all the legal dues. 4. At trial, the plaintiff examined one witness and the defendant also examined one w......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....pose of the petition affirmatively, we feel inclined to explore the second issue was well in the interest of totality. Although dispute resolutions through informal arbitration, which is as old as legal history itself the first English Arbitration Act being an instrument of 1697 has long been hai......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....pon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro......president's Order No.9 of 1972 President's Order No.14 of 1972, President's Order No.67 of 1972. President's Order No.93 of 1972 Act 12 of 1974 and Act 38 of 1974 have clothed such employees with the status of Government Servants or public Servants and that such a status perforce entitled them to th..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....াকুরী প্রবিধানমালা, ১৯৯০” (hereinafter referred to as Probidhanmala, 1990) for declaring the same to have been issued without lawful authority and is of no legal effect. 3. The case of the petitioner as made out in the writ petition, in short, was that......কে বাংলাদেশ পর্যটন করপোরেশন এর চাকুরী হইতে অপসারণ করা হইল”। Respondent No.4 was junior in rank and status to the petitioner, so he had no authority to issue the letter of termination. In order to soi..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....eans written law, general law or statute law. A suit which is on the face of it incompetent because of an express or implied embargo imposed upon it by a law should not be allowed to further encumber legal proceedings. On examination of the plaint if it is found that the suit is barred by some provi......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....rested in the case and therefore, it cannot be said that they are under-trial prisoners under the International War Crimes Tribunal. 7. In view of the above, the High Court Division committed no illegality in directing the respondents to provide the petitioners Division-1 status under the Jail Co......J. - Government of Bangladesh and its officers move this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division-1 (Classified) status in jail to the respondents as under trial prisoners. 2. Respondents moved a writ petition ..Category: Criminal Law | Date: | Hits: 95
....issuance of the order of suspension. In view of the above, the High Court Division made the rule absolute and declared the order of suspension as has been issued without lawful authority and is of no legal effect.
4. We have perused the materials on record and heard the learned Counsel for the pe......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
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Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....on challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent-bank has argued that after......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....ioners as plaintiffs riled title suit being Title Suit No.156 of 1977 before the Court of Munsif (6th Court of Barisal) for declaration that the 'Ka' schedule decree in Title Suit No.561 of 1976 is illegal, fraudulent, inoperative, null and void without jurisdiction and not binding upon the plaintif......"Legal character" in section 42 of the Specific Relief Act was explained by reference to certain cases. It explained that in section 42 of the Specific Relief Act the expression "Legal character" or "status" denotes a character of status confirmed in law of an individual or a number of individuals, ..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....was subjected to further physical abuse. On 8‑5‑95 in the morning the respondent No.1 aided by the respondent Nos.2 and 3 including his other relatives from his paternal village deceitfully and illegally removed all the four children from the custody of the petitioner. The petitioner later came ......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....sioner (Revenue), Naogaon and the subsequent order passed by the Additional Commissioner, Rajshahi Division, on 04.11.1984 affirming the said cancellation of the plaintiff's permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respec......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....and dismissed the appeal. Hence this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....y defendant No.1 to the plaintiff have fraudulently and secretly created different so-called sale deeds in their favour in collusion with the defendant No.1 and as such the defendants No.2-7 are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join wit......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
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