Search Options
Judgment Advanced Search
Displaying 2361-2380 of 3812 results.
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......furnish such statement in the interest of sovereignty and security of Bangladesh or in the public interest. From language as used in the proviso itself, in our view it does not give the authority any power to keep a person whose passport was seized in darkness. In our view at least a reply must be g......or the Petitioner. Abul Khair Azim, Advocate — For the Respondent. Writ Petition No. 6035 of 2001. Judgment Md. Hamidul Haque J. - This Rule Nisi was issued calling upon the respondents to show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on ...... Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not be declared to be wi..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......e record from the High Court. It has been further contended that the court order dated 14-7-84 which was endorsed by the appointed Advocate is not the proper information in accordance with law as his power or vokalatnama was terminated after the disposal of the Miscellaneous case under Order IX rule....... 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 153/84 refusing to interfere with the order dated 16-9-84 passed in Miscellaneous Case No. 324/80 recording the orde......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......ther be dismissed nor removed from service, that in the absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as per provision of Regulations 11 and 12 has power to impose penalty in other case except removal or dismissal from service, that the Board has s......y a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexure-K to the writ petition) of the office of the Inspector of Schools, Secondary and Higher Secondary Educ...... College, the High Court Division was in error in not discharging the Rule obtained in the writ petition on the ground of maintainability. The submissions so made merit consideration.
9. Leave was granted to consider the above submissions.
10. We have heard Mr. Syed Amirul Islam, the learned C..
Category: Employment/Service Law | Date: | Hits: 133
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......aterials on record. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. We find no merit in the revision, which m......fs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties adduced evidence in support of their respective cases. At ab...... by the learned Joint District Judge, 1st Court, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's prayer for local investigation is affirmed. 14. The order of stay earlier granted by this Court stands vacated. Communicate the order at once to the learned Court below. T..Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ll dated 27‑5‑99 issued to the petitioner, Annexure-C to the petition, is in accordance with the contract dated 10-7‑97 entered into by and between the petitioner and GrameenPhone inasmuch as power to collect royalty and licence fees could be acquired by Grameen Phone at any stage during the......the Constitution of the People's Republic of Bangladesh, issued at the instance of the petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and with......ommunication network all over the country, entered into a contract dated 11th November, 1996 with GrameenPhone Consortium now GrameenPhone Limited (hereinafter referred to as "GrameenPhone") and also granted Licence No. WL 0001 CELL SE 0003 dated 28th November 1996 under section 4 of the Telegraph A..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......atee, but may remain under the actual physical possession of the borrower so as to enable the borrower to use the same either as raw material or unfinished goods. A simple mortgage of movables with a power of sale is a mere hypothecation with the stipulation that in the event of the debt not being p......rance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limited and another...................Respondents (In Civil Appeal Nos. 64 & 65 of 200......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......s a monthly tenant on the basis of an agreement dated 1‑1‑ 1984 for a period of 5 years fixing monthly rent at Taka 800 on the expiry of the said period the defendant petitioner again entered into a fresh contract on 1 ‑1‑1989 renewing monthly tenancy for another term, of 5 years ending in...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91....... effect its closure would have on the livelihood of thousands who were directly and indirectly involved with the company. ETV Limited already had all the required skilled professionals and trained manpower to put the channel back on the air. It was equipped with modern, sophisticated, highly sensiti...... A Hasib with Kamal Ziaul Islam, Advocates-For the Petitioner (In Writ Petition Nos. 4607 & 4608 of 2003). Raisudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Att......memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be given to grant the frequencies and to issue licence(s) in favour of Ekushey Television Limited required to br..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......suit land; and the case reported in AIR 1989 Orissa 214. 12. The question raised at the Bar so seriously that it deserves a thorough consideration and determination of the nature and extent of the power of the Court under Order XXXIX rule 7 vis‑a‑vis Order XXVI rule 9 of the Code, to order fo......ekhar Ali and others.............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery v...... Hearing the application, learned Joint District Judge was pleased to issue notice upon the defendants asking them to show cause as to why they should not be so restrained, and was further pleased to grant an order of ad interim injunction as prayed for restraining them from entering into schedule "..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......tended, inter alia, that the bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association, its business is managed by the Directors who exercised al I such powers and do al I such acts as authorised by the Memorandum of Association and Articles of Associat...... month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......book while making submissions. 5. Let us first look into the relevant provisions of the substantive law relating to polythene shopping bag. Section 6 Ka of the Environment Conservation Act, 1995 empowers the Government to issue directions including imposition of ban or restriction on polythene sh......he Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. 2. That case was initiated on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storin...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......lenged the orders nor appeared in the Rules. 32. Now, let us take up the first issue first. Conflict in the decisions of the High Courts of the Sub‑continent continued for a long time over their powers in the exercise of discretion under section 115 of the Code of Civil Procedure. It appears, t......ntiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are common, both the Rules were heard together and now disposed of by this order. 2. On 8‑11‑2001 opposite party No. 1, Tripos Engi...... 30. Then, the plaintiffs instituted the suits and prayed for temporary injunction for restraining their bank, the Standard Bank, from making any payment till disposal of the suits. The Court also granted an order directing the Standard Bank to maintain status quo in respect of payment till dispo..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......ad law, the termination order is absolutely a nullity and without jurisdiction, in view of the fact that the petitioner bank on the date of issue of the order of termination of the plaintiff, had the power and was authorized to issue such order of termination of service under Rule 13 of Uttara Bank ......ision Judgment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza ......at he is still in service and a direction to allow him to continue in service with all benefits amounting to a mandatory injunction to put the plaintiff to the job of the bank again. 14. Leave was granted to consider the above submissions. 15. Heard Mr. Abdus Samad, the learned Counsel appeari..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......trative Tribunal until such higher authority has taken a decision on the matter". The applicant must be an aggrieved person by any order or decision or action taken by the authority which confers the powers and jurisdiction of the higher Administrative Tribunal subject to fulfillment of two conditio.................Appellants Vs. A.B.M. Siddique Mia…………………………………………….........Respondent Judgment May 5, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General (with A.S.M. Nazmul Haque, Assistant Attorney- General), instructed by B. Hossain, Ad......peal No. 361 of 2003. (From the judgment and order dated 20.4.2002 passed by the Administrative Appellate Tribunal in Appeal No. 22 of 1999.) Judgment S.K. Sinha J.- In this appeal leave was granted to consider on two points, firstly, whether the Administrative Appellate Tribunal was justif..Category: Administrative Law | Date: | Hits: 229
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......egally rejected the plaint and as such the Rule is liable to be discharged with cost. 8. I have seen the provisions of sections 40, 81 and 102 of the Wakfs Ordinance, 1962. Section 40 provides for power of Mutwalli to apply to the Administrator of Wakfs for any opinion, advice or clarification, S......1 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committ......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e may be some irregularities. 5. Mr. Mizanur Rahman Bhuiyan, the learned Advocate for the petitioner, submits that late Alimuddin did not acquire any title in Ka schedule property and so he had no power to execute the deed dated 25-8-77 which, in fact, is a deed of will and not a deed of gift and......f, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. T......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......Writ Petition No. 535 of 1994. Judgment Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the respondent No.1 the Chairman,......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267....... is employed mainly in a managerial or administrative capacity, or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to office or by reason of power vested in him, functions mainly of managerial or administrative nature”, In clause XXVIII......or disposal of the Rule, in short, are that, the petitioner as plaintiff brought above suit against the defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 ......is regard. The petitioner has taken objection to the enlistment of pesh Imam, Muazzins, teachers of School and College. When this is the position it is not understood what prompted the trial Court to grant relief in favour of the petitioner declaring the entire voters list as illegal and defective. ..Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......the Court of first instance had the jurisdiction to decide all these issues.
18. Now we are to interpret Article 144 of the Constitution but as much as necessary in the instant suit. Article 144 empowers the executive authority of the Republic to sell, transfer, mortgage and dispose of the public......Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Plaintiff.
Abdul Quaiyum, Deputy Attorney-General—For Defendant Nos. 1-5(ka).
Khondaker Mahbubuddin Ahmed, Advocate—For the Defe......uit land was classified as institutional plot, that the defendant No.6 proposed to construct a hospital on the suit land and accordingly, inquiry was held, that the Allotment Committee in its meeting granted lease of the suit land to the defendant No. 6 and that the lease was neither improper nor il..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......t be pulled down. Suit was found to be barred under Order II rule 2 of the Code. In the circumstances, the learned Single Judge held that provisions of rule 35(3) of Order XXI of the Code do not give power to the Court to direct demolition of structures kuchcha or pucca. 8. Case of Md. Mokarram A......, Advocate—For the Petitioners. Shahidul Islam, Advocate—For Opposite Party No. 1-7. Civil Revision No. 78 of 2001. Judgment Md. Abdur Rashid J. -This Rule was obtained by judgment-debtors upon making an application under section 115 of the Code of Civil Procedure against order dated......he share of the plaintiff would be the value of the suit for jurisdiction. In deciding the issue, one of the learned Judges observed that when the plaintiff is out of possession of joint property the grant to him of separate possession of his partitioned share amounts to two reliefs: 1. joint pos..Category: Property Law | Date: | Hits: 29
42614260425742534251424942474239423642354232423142284225422042114209420842074205