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Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....pport of his contention he has relied upon the cases of Appalaswami Vs. Suryanarayanamuri and others, AIR 1947 (PC) 189; Mudigowda Gowdappa Sankh and others Vs. Ramchandm Rebgowda Sankh (dead) by his legal representatives and another, AIR 1969 (SC) 1076 and Perumal Vs. Central Government of Pakistan......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....In this case, the Magistrate gave orders detaining the accused for a further period of 10 days after expiry of 15 days and sending him to police remand and the order of the learned Magistrate was illegal. The learned Advocate submits that the detention order issued by the Additional District Mag......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.... I.R.O. case no industrial dispute being present the Labour Court could not be deemed to be a Civil Court or to have any power of Civil Court for ordering temporary injunction. The said order was illegal and without jurisdiction and was liable to be quashed. 5. At the hearing before us none a......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nt No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared to have been made without lawful authority and is of no legal effect and also with a further prayers as to why the respondents shall not be directed to prod...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....en defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no such appointment of any lawyer the trial from the beginning has been absolutely illegal and hence the impugned judgment and order cannot sustain in the eye of law. He further submits......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....registered post with A/D upon the defendant tenant which has been duly received by the defendant tenant on 6-8-2003. But the defendant tenant did not comply with the requests/directions made in the legal notice. As such the plaintiff landlord filed the present suit on 6-9-2003 for ejectment of the......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
.... promotion from Lower Division Assistant (LDA)-Cum-Typist with 5 years experience and Guardship examination. The writ petitioners claimed that such a provision for promotion of L.D.A.-cum-Typist is illegal and illogical since they have no experience in this type of work and also since the right of t......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....dishonoured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 sent a legal notice under registered post and the accused though received the said notice on 24-6-2006 but ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ng with his family started living in Dhaka keeping the case property under control of the employees and servants during war of liberation due to fear of life and that in March, 1972 some miscreants illegally took over possession of the house from the said employees and servants and the representatio...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ption case to file and number. 7. For the foregoing discourse the inevitable conclusion that flows is that Miscellaneous Appeal before District Judge was not tenable in law. The question posed and legal controversy, thus, stand disposed of. 8. This takes me now to propriety and legality of Jud......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
..... He used to prepare the minutes of the meetings suiting his own purpose ignoring the actual deliberations or objections taken by others. The accounts of the Company had not been properly kept. The illegal and fraudulent activities of respondent No.2 increased by leaps and bounds as he, grew older a......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....nnexure-O and O(1). Accordingly, the Ministry of Commerce, respondent No.5, sent a Memo on 29-5-95 to the Hon’ble Prime Minister recommending for abolition of the 23 posts while confirming that the legal requirement for abolition of these posts as laid down in BCS (Trade) Cadres Organogram and Cad...... in the Trade Cadre were made surplus, then they could be absorbed in the Tax or Customs & Excise Cadres. Therefore, the letter added that when the Ministry of Establishment announces the surplus status of the said 9 officers then the necessary steps could be taken for their absorption in the Ta..Category: Employment/Service Law | Date: | Hits: 216
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....n 105 of the Code of Civil Procedure as a principle of statute. Lastly, he submits that the learned District Judge, by appointing the nominee of the respondent as the sole Arbitrator, has committed illegality which is malice in law. As such, the appointment is contrary to the arbitration agreement. ......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....lation of Article 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
.... possession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular partition suit it defendant Nos.8 and 9 are found to have transferred and in excess of their legal share. On these findings the learned Additional District Judge allowed the appeal on setting a......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
....sed persons not guilty of the charge under sections 148/302/34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..Category: Criminal Law | Date: | Hits: 110