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International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ...... Zafor Ali Khan, Advocate - For the Appellant. None - For the Respondent. First Miscellaneous Appeal No.177 of 2004. Judgment ABM Khairul Haque J.- This appeal arises in respect of the an order dated 5.4.2004 passed by the Judge, Artha Rin Adalat No.3, Dhaka, in Artha Rin Execution Case ...... as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......Ltd. and others……………………Respondents Judgment December 7, 2005. Result: The appeal is allowed. Lawyers Involved: Md. Zafor Ali Khan, Advocate - For the Appellant. None - For the Respondent. First Miscellaneous Appeal No.177 of 2004. Judgment ABM Khairul H..

Category: Civil Law | Date: | Hits: 208

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......the impugned Order No.39 dated 4.4.2001 passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of ......lam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Order No.39 dated 4.4.2001 passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders......also Reported in: 15 BLT (HCD) (2007) 421. ..

Category: Procedural Law | Date: | Hits: 253

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ......and decree dated 26.1.2002 passed by the learned Senior Assistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal o...... Present: Shahidul Islam J Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner Vs. Razia Sultana and others…………………Plaintiff-Opposite Parties Judgment March 18, 2007. Result: The Rule is discharged. Case...... (2007) 418. ..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......ues which are as follows: i. Is the Case maintainable as framed? ii. Is the Case barred by limitation? iii. Is the Case bad for defect of parties? iv. Are Pre‑emptors entitled to get an order of Pre‑emption? v. What other relief or reliefs Pre-­emptors are entitled to get? 9. ......ts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......(2003) 604. ..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......- The petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of the Succession Act, 1925 against the judgment and order dated 8‑11‑1989 passed by the learned District Judge. Narayanganj in Miscellaneous Appeal ...... with HR Acharjee, Advocate—For the Appellant. No one—For the Respondent. First Appeal No. 43 of 1989. Judgment Khondker Musa Khaled J.- The petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of......16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, Advocate—For the Appellant. No one—For the Respondent. First Appeal No. 43 of 1989. Judgment Khondker Musa Khaled J.- Th..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ......the Respondent Nos.1 and 2.  Writ Petition No. 3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed against the petitioner under thesignature of Respondent No.3 allegedly a......s declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ......) 62. ..

Category: Employment/Service Law | Date: | Hits: 205

Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....ent of the Courts below that the learned Judges did not consider whether United Arab Emirates in a reciprocating territory of Bangladesh and if so, whether any notification as required under law, was published in the official gazette as per provision of law, (under Section 44A) as notification to th......or the Opposite Party.  Civil Revision No.4043 of 2005. Judgment Sharif Uddin Chaklader J.- This rule was issued calling upon the opposite party to show cause as to why the judgment and order No.1 dated 24-4-2005 passed by the learned District Judge, Dhaka in Civil Revision No.406 of 2...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Nirman International Ltd. and another………………………Petitioners Vs. Janata Bank………………………Opposite Party Judgment August 1, 2010. ..

Category: Civil Law | Date: | Hits: 168

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......proach embankment at Gorakghata Ghat in PS Moheshkhali District Cox's Bazar under Annual Development Programme, 1987‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was sc......…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karac......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water Development Board and other…………………….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties J..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ....... 6. I am supported in my view by a deci­sion of the then Dacca High Court in the case of Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. In that view of the matter, the order of the learned Additional District Judge cannot be sustained. In the result, the Rule is ma......¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Sheesh………………………Opposite Party Judgment April 27, 1982. Result: The Rule is made absolute. Case Referred to- Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. Lawyers Involved: M.I. Farooqui - For the P...... in:35 DLR (HCD) (1983) 205. ..

Category: Civil Law | Date: | Hits: 123

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......pposite party No.2. Moazzem Hossain, Deputy Attorney-General - For the State.  Criminal Revision No. 257  of 1980. Judgment Abdur Rahman Chowdhury J.- This rule is directed against an order paned by the Additional Session Judge, Barisal allowing withdrawal of a case pending against t......cords at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......rt Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Abdul Mannan Talukder…………………………Petitioner Vs. State……………………Respondent Judgment November 21, 1982. Result..

Category: Criminal Law | Date: | Hits: 145

Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)

....nd forth­with. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......ppearing for the petitioner has urged that the entire proceeding was illegal inasmuch as the police had inves­tigated a non-cognizable offence and sub­mitted charge sheet without any order from the Court. 5. Now section 295A of the Penal Code under which the petitioner has b......d down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......ssore Bench) (Criminal Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Abul Hosain Sikdar, Advocate, Khulna Bar……………………Petitioner Vs. The State…………………………Respondent Judgment November 24, 1982. ..

Category: Criminal Law | Date: | Hits: 115

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......isi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Committee of J.K. High School, ....... In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......iminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 c......bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one year more. 2. The prosecution case put in a nutshell is that the deceased Joynal Abedin broth..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....the plaintiff to pay the balance amount of money within the stipulated time, the defendants have suffered a lot; that in order to defraud and deprive the defendants from their property, the plaintiff published an advertisement on 10.05.1991 in a newspaper namely "The Daily Ittafaq" assuming himself ......Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the above time lim......appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, ...... decimals of land; that after negotiation, the price of the land belonging to the defendant Nos.1 to 3 was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers a..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ence of Homeopathic system of medicine and treatment in 1796. Basing on his teaching and ideals Homeopathic Pharmacopoeia (book containing directions for preparing Homeopathic drugs and medicine) was published in Germany in 1825 and thereafter in various countries of the world including Britain, Fra......tified spirit and any liquid containing more than 5% alcohol and also for the purpose of treatment and rehabilitation of narcotic addicts. The Board and Department of Narcotics Control are created in order to control and regulate the entire gamut of activities in relation to production, distribution......eral, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J AS Mamun J Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner Vs. Bangladesh and others..................................................................

Category: Others | Date: | Hits: 341

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......Advocate, Instructed by Md. Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.187 Of 2009 (From the judgment and order dated 22.07.2008 passed by the High Court Division in Criminal Appeal No.3701 of 2008) Orde......consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. R..

Category: Criminal Law | Date: | Hits: 116

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

.... 1st July, 1996. The tender was opened on 21‑4‑96 in which the petitioner was the lone bidder. The authorities then decided to go for the second tender and accordingly, a second tender notice was published in the national dailies. On 14‑5‑96 bids were opened for the second time. On both the ......ation filed by the petitioner Ataur Rahman under Article 102 of the Constitution of the People's Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 sho......the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ......7) 331. ..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....e Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 29th September, 1986 under the provisions ...... Writ Petition No.1514 of 1992. Judgment Gour Gopal Saha J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 29‑3‑92 passed by the Court of Settlement, First Court, Dhaka in Case No.776 of 1987......r, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ......7) 325. ..

Category: Property Law | Date: | Hits: 116

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

.... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ......mp; 3. Writ Petition No.9 of 1990 (Jessore). Writ Petition No.1203 of 1991 (Dhaka). Judgment Naimuddin Ahmed J.- By this application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has be......our Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ...... Court High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Golam Rabbani J Sultan Ahmed @ Md. Sultan Ahmed…………………………………Petitioner Vs. Chairman, Divisional Labour Court, and others…………………………………â..

Category: Labour and Industrial Law | Date: | Hits: 141

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ...... H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not being held in custody without any lawful authority or in an u......erty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......9. ..

Category: Criminal Law | Date: | Hits: 127