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Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....Title Suit No.356 of 1984. It prayed for a declaration that the claims of the opposite party have been fully paid off and its claim of Tk.37,02,197/00 as per let­ter dated 2.12.80 or any amount is illegal and void, that the showing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the op......ated project assets of the petitioner for realising outstanding dues. But upon an applica­tion by the petitioner in the said Title Suit the Com­mercial Court directed the opposite party to maintain status quo by order dated 17.8.83 till the disposal of the suit. Subsequently upon an application fi..

Category: Civil Law | Date: | Hits: 119

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

.... is not at all attracted in a case under Special Powers Act. In a case under the Special Powers Act the authority to take cognizance vests in Special Tribunal alone. In such circumstances, we find no legal ground for quashing the proceeding. The learned Advocate has cited some decisions but theirbei......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..

Category: Criminal Law | Date: | Hits: 84

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....€‘6‑86 adopted by the defendants and communicated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of p......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

Category: Employment/Service Law | Date: | Hits: 166

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....stituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legally wed couple under Islamic Shariah. The marriage was registered by kabinnama dated 12-4-1988 a......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....storing the judgment of the trial Court on the point of limitation, inas­much as, the Court of appeal below disbelieved the pre-emptor's witnesses merely on the ground of relationship which is not a legal ground for disbelieving a witness. 9. On the point of the defect of parties, the Court of a......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....spondent No.1 the Director, Drug Administration and Licen­cing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect. 2. The case of the petitioner is that he is a manufacturer of unani medicine for lo......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ..

Category: Others | Date: | Hits: 184

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....ere absconding at the time of trial and did not prefer any appeal against the impugned order of their conviction and sentence and consequently, we are inclined not to make any determination as to the legality or otherwise of their conviction and sentence. 13. The learned Advocates appearing fo...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)

.... why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgmen......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)

....1456 of 1991 (Dhaka) Writ Petition No.46 of 1990 (Chittagong). Judgment Kazi Ebadul Hoque J.- In this Rule petitioner Abdul Satter, Fitter of Victory Jute Products Limited has challenged the legality of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM res......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..

Category: Labour and Industrial Law | Date: | Hits: 183

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impugned Circular dated 25.02.1985 w......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

.... the Labour Court to convert an order of dismissal of a worker passed by a domestic tribunal into an order of re‑instatement. The petitioner has also contended that the learned Labour Court acted illegally in reversing the order of dismissal of the respondent No.2 and in re‑instating him in serv......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

.... centres. During the time of polling in two centres namely, Waruk High School Centre under Ward No.2 and Dopolla Janata High School centre under Ward No.3, the opposite party petitioner resorted to illegal activities in collusion with his associates and the Presiding Officers of those two centres an......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..

Category: Election Law | Date: | Hits: 273

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....Charge, Mirpur PS, Dhaka asking them to show cause why the Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V)......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521...

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

.... notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardw......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..

Category: Property Law | Date: | Hits: 92

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

.... the requirement of section 15 of the Easement Act, they are not entitled to a decree and the lower appellate court having not considered the provisions of section 15 of the said Act have committed illegality. In this connection he submitted that according to the explanation 2 of section 15 of the E......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..

Category: Civil Law | Date: | Hits: 147

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....e is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the case was started on the basis of an illegal prosecution report and as to such liable to be quashed. Referring to section 155 of the Code o......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..

Category: Criminal Law | Date: | Hits: 112

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....pellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be directed to release the 3,000 MT Cru......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)

....investigated into by the police within the meaning of sec­tion 155(2) of the Code of Criminal Procedure and the subsequent cognizance upon the investigation report submitted by the police officer is legal. 9. Admittedly, the occurrence upon which the Sub Inspector of Police Bandarban PS arrested......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ..

Category: Criminal Law | Date: | Hits: 90

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....e is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the case was started on the basis of an illegal prosecution report and as to such liable to be quashed. Referring to section 155 of the Code o......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..

Category: Procedural Law | Date: | Hits: 153

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....forged signatures upon some white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will have no legal force in the eye of law as because they had already transferred their right to the suit land b......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..

Category: Property Law | Date: | Hits: 154