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Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ocal police station on the basis of which Mirsarai PS Case No.10(1)92 was started and that the opposite party Rezaul Karim later filed an application before the Election Commission alleging various illegalities in the election of Durgapur Primary School Centre and the Election Commission referred th......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
.... Body instituted a suit, being Other Class Suit No.254 of 1990, subsequently renumbered as Other Class Suit No.5 of 1997 for a declaration that the Memo dated 8-11-1990 reinstating the Principal is illegal. The opposite party No.1 also laid a suit being Other Class Suit No.199 of 1991, subsequently ......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....ite and that nothing definitely or specifically was stated about his actual act which would fall under the definition of prejudicial act. So the detention on such vague and indefinite grounds was illegal. 5. Lastly, it was submitted that the extension order made by the Government was issued und...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Se......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....er was issued against a judgment and order dated 10.9.86 passed by the Chairman, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 declaring the stoppage of work and subsequent lay-off as illegal and directing the petitioner to allow the workers-respondents to resume their normal works. ......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....order, no revision lies thereto under law. 4. Let us see what is meant by 'preliminary point'. The expression 'preliminary' in Order XLI, r.23, of the Civil Procedure Code is not confined to such legal points only as may be pleaded as a bar to a suit but comprehends all points or issues of fact ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
.... amendment of plaint under Order 6, rule 17 of the Code of Civil Procedure for addition of a prayer for declaration that the alleged election held in violation of the Court's order was void and of no legal effect. The Assistant Judge rejected this petition also. On the same date i.e. 3.8.1988 the pl......nd also restraining the defendant No.3 from taking charge and acting as Collective Bargaining Agent pending disposal of the appeal. The learned District Judge passed an order directing maintenance of status quo and also issued a notice to show cause why injunction as prayed for by the appellant sh..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....6 Act was enacted it was the practice of the Admiralty Court to treat bunkers as part of the ship, unless they were shown to be the property of charterers." There is no dispute with regard to this legal position but the facts of this case differ substantially from that of the case in hand. In con......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....use as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any lawful authority and is of no legal effect and why the respondent No.1 shall not be directed to renew the said gun licence No.8 of......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
....sion in the suit land and he is still holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed fo......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....y the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque Munshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, ......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....of Administration by filing two separate written objections against the opposite party No.1 challenging his competency, integrity and that the next of kins were not made parties and those who are not legal heirs are made parties. Further alleging that the previous executor Shyama Charan namely; 4th ......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
.... on the statement of some interested witnesses. He has also submitted that there is no evidence to show that unlawful assembly was framed and, as such, conviction under section 147 was not proper and legal. Further, according to him prosecution also could not prove that the petitioners Bazlur Rahman......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....a suit can not be dismissed order 9 rule 3 of the Code. When the plaintiff made an application in the court, as referred above treating the position as absence of the plaintiff, which is apparently illegal. So dismissal of the suit on that count is not tenable in the eye of law. He further submits t......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... Appellate Court, thus, decreed the entire suit cancelling all the aforesaid three deeds. 10. In this premises, I am to make a decision whether the judgment d the appellate Court is correct and legal or whether it has invited any illegality resulting in an error in the decision occasioning fai......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....f Kalyan Krishna Goswami Vs. Madhyapara High School and another, reported in 15 BLD, 509 wherein a Single Bench of this court has held in para 19 as follows: “Now I would like to consider the legal aspect of the case. It appears from the end of the earlier judicial pronouncement that in a su......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... accommodate a sister concern of the said Company, M/s Nowapara Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon the said Company to pay......ision riot being a Civil Court constituted under the Civil Courts Act 1887 and the High Court Division having been established under the Constitution the Judges of the High Court Division have higher status different from that of the ordinary Civil Court and since Clause (5) of Article 34 did not qu..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....tioner Nos.1‑3. Similarly Syed Mohammad Abdul Motaleb orally gifted his share to the petitioner Nos.4 and 5. Shamsun Nahar Beguni died leaving petitioner Nos.1‑3 as her son and daughters and only legal heirs to inherit her share. On 10.4.1950 an area of 32.50 acre of land was requisitioned in LA......ssion of 7.60 acres of land including disputed land was made over to respondent No.4 as far back as in 1957 and the respondent No.4 constructed buildings over the same at huge cost and after 35 years status quo cannot be disturbed. 8. In course of hearing the arguments the petitioners have fil..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....the case should have been stopped and the accused appellants released, under section 339C CrPC, as the time for trial of the case expired long before the date of judgment and the conviction is thus illegal and without jurisdiction. 9. Now let us see, what evidence the prosecution adduced to prove...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....nexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of lease granted in favour of the ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
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