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Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......on of this court in exercising the power under section 561A of the Code of Criminal Procedure on the ground mentioned herein. In pursuance to it, the apex court of our country-has laid down the basic principle in the case of Sonali Bank Vs. Karnaphuli Works Ltd. reported in 46 DLR (AD) 55 wherein it......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ...... In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a Commission to su..Category: Administrative Law | Date: | Hits: 236
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......ribunal to be also his working days at other courts also where he was not even physically present to work. Law never compels or contemplates an absurdity or impossibility. 15. It is the cardinal principle of interpretation of statute that words found therein must be read in the light of the con......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......e matters and looking from the above angle of vision I think justice will be best served if the order of dismissal of the petr. be converted to an order of termination from service and acting on this principle I am inclined to direct the management side accordingly." It is apparent from the abo...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ge relying upon the decisions in the cases of Adalat vs. The Crown and Badiuzzaman vs. Abdul Majid Bepari reported in 8 DLR (FC) 69 and 9 DLR 247 has observed in the following manner- "There is no principle of law requiring that the evidence of a witness who has made contradictory statements in......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......yet made its own service rules in pursuance of the President's Order No.68 of 1972. The position of the petitioner vis-a-vis his employer is not that of a master and servant. It will be guided by the principles of natural justice. The High Court Division further held that the petitioner need not be ......the date the Government servant is placed under suspension" shall be deemed to be the date of coming into force of the Rules of 1984. We are frankly unable to accept this submission, for, this will amount to rule-making on our part. We cannot read into the Rules what is not there. A legal fiction ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....he period of working capital loan was mentioned as 4.5 years including 6 months grace period. The sanction letter further contained the mode of repayment of capital finance by 12 (twelve) half yearly installments at the rate of Taka 97,314 each payable in June and December year. Repayment will start......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......t the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......or other posh area of Dhaka City and other huge financial benefits granting of lease of such a house standing on 165 kathas of land in Cantonment area in favour of the petitioner has been against the principles of social and economic justice and thus the alleged lease deed has been in violation of t......of government property by private negotiation. If any disposal of government property in contravention of the supplemental notes added to rule 26 of CLA Rules, 1937 is approved by the court that will amount to giving of license to the authority concerned to dispose of public property arbitrarily and..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......d avoid expressing their filling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. 5. We are of the view that the High Court Division on proper consideratio......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......er sub-section (2) of section 6, a defendant may file a case under Order 9 rule 13 of the Code of Civil Procedure but in that case, the petitioner defendant shall have to deposit half of the decretal amount. This provision of the depositing half of the decretal amount is over and above the condition..Category: Civil Law | Date: | Hits: 89
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......d under such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was debited from the amount of a borrower and other incidental expenses. Even if petitioner realised from the borrower un..
Category: Labour and Industrial Law | Date: | Hits: 93
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......mained unpaid though geo bags were supplied and dumped at the spot as per order of the respondent No.3. The writ petitioner therefore submitted an application to the respondent No.2 claiming the said amount and the respondent Nos.1-4 denied to pay the bill of the non-tender work without assigning an..Category: Others | Date: | Hits: 82
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... Paragraph 193 at page 322 it is stated: Previous decision should not be followed to the extent that grievous wrong may result; and, accordingly, the Courts ordinarily will not adhere to a rule or principle established by previous decisions which they are convinced is erroneous. The rule of st...... in his favour for the year 1406 BS adjusting the loss incurred by him in the year 1405 BS. Defendant No.8 gave an undertaking to take lease of suit Hat for the year 1406 BS on payment of lease money amounting to Taka 32,39,901.00 which is above than the said Taka 31,39,901.00, the highest offer mad..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66....... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......E on 4-1-2000 which was duly received by it (DSE) on the same day. In terms of Regulations 7 and 8 of the Settlement of Stock Exchange Transactions Regulations, 1998 the petitioner was entitled to an amount of Taka 1,07,80,152.89 against buy and sale of various securities including the sale proceeds..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......pressive conduct relating to it, since the government may not permit designated symbols to be used to communicate a limited set of messages. Moreover, this Court will not create an exception to these principles protected by the First Amendment for the American Flag alone Pp. 410-422. The Supreme ......itals for treatment, prevent the people from traveling and to generally prevent them from attending to their work either in service of the State or in their own interest, that obviously means that it amounts to a negation of the rights of the citizens to enjoy their natural rights, their fundamental..Category: Constitutional Law | Date: | Hits: 216
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......n to bring back the party to a position where it originally stood as if the order passed by the court has not been contravened. The exercise of this inherent power vested in the court is based on the principle that no party can be allowed to take advantage of his own wrong in spite of the order to t......price of Taka 1,18,300 to be delivered at Barguna on the following day and in order to meet the necessary expenses, the plaintiff-petitioners paid the master of the vessel, the opposite party No. 2 amount of Taka 49,600 towards purchase of fuel and other necessaries but the opposite party Nos. 2 a..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... approached the opposite parties on 6‑7‑1999 for payment of monthly rent and electricity bill but they refused to accept the same and thereby disobeyed the court's order dated 27‑5‑1999 which amounts to contempt of court. The petitioner thereafter filed another application on 21-7‑1999 b..Category: Property Law | Date: | Hits: 34
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......bstance. There is no scope to file an application under section 15 of the Payment of Wages Act because the rights conferred upon the respondent employees by virtue of the provisions of the Act do not amount to wages within the meaning of section 2(VI) of the Payment of Wages Act. Besides, the term "..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......(PC) 105 where their Lordships of the judicial committee of the Privy Council, though dealing with a civil matter in connection with a complete ouster of civil Courts jurisdiction, has enunciated the principles relating to exclusion of jurisdiction of the courts by way of enactment and it was held a......icitly about the curtailment of jurisdiction of this Court yet such a position can be gathered by necessary implication, as available in the legislation itself. He, however, submitted that even if it amounts to curtailment, in such case too. this Court has a limited jurisdiction to scrutinise the ca..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......ive action against the petitioner. On receiving that letter, the impugned order was passed by the company without issuing any show cause notice to the petitioner and thereby violating the established principle of natural justice. Hence this writ petition. 5. Respondent Nos. 2, 3, 4 and 5 have......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
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