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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....Hossain with Shanaz Haque with Md. Jahir Ahmed, Advocates – For the appellant. Hosneara Begum, Advocate - For the respondent. First Appeal No. 511 of 2000. (Against the judgment and decree dated 23.11.1999 passed by the Subordinate Judge (now Joint District Judge) Additional Commercial Co......rt below without assigning any cogent reason most illegally discarded the consistent evidences of DW-1, DW-2 and DW-3 including the opinion of hand writing expert. 8. He next upon referring to the decisions reported in 3 BLC (AD) 85, 56 DLR (AD) 41 submits that since by scientific process or meth..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....rker, Advocate - For the Petitioner. Abdul Quaim, Advocate with him Sarder Abul Hossain, Advocate - For the Opposite parties. Civil Revision No. 3254 of 2007. (Against the judgment and order dated 28.6.2007 passed by the Additional District Judge, Second Court, Narayangonj in Miscellaneous ......ired by law to allow the petitioner to deposit the monthly rent, if deposited in accordance with the provisions of Section 19(1) (a) of the Act, 1991. He in support of his submissions referred to the decisions in the cases of Md. Osman Vs. Fatema Khatoon and others, reported in 41 DLR 270; Sheik Moh..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....tries ("IFU" or "Fund" as necessary) in due course of its operations provided a Euro 210,000/-loan to a Bangladeshi entity named Comfort Wear International Limited ("Borrower") under a Loan Agreement dated 28.8.2006. Article 14 of the Loan Agreement envisages the loan to be secured as hereunder in t......d in 1984 BLD (AD) 242, at paragraph 62, page 257 thus: "As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only responsible for repayment of t..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....f Bangladesh Biman Flight Catering Centre (BFCC) should not be governed by the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 and absorbed as such in the service of Biman from the dates of their respective appointments entitling them to retirement and others benefits in line with......hat reason, the petitioners should be regularized in the service of Biman as recommended by various inquiry committees. 17. In support of the above submissions, Dr. M Zahir relies upon the decisions in the cases of Bangladesh Biman Vs. Rabia Bashri Irene, 55 DLR (AD) 132; Sheikh Abdus Sab..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....der section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-2007 corresponding to ACC General Register Case No.160 of 2007, now pending in the Court ......alysis of attractive sides of accepting the proposal. Then a meeting was held on the subject on 26-1-1999 under the Chairmanship of the Secretary, Ministry of Energy and Mineral Resource, and several decisions were taken for implementation of the proposal of NIKO Resources Limited for developing and..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....By M. R Khan, Advocate on the record-For the Appellant. Miah Abdul Gafur, Advocate on Record, Supreme Court-For the Respondent No.1. Civil Appeal No.112 of 1981. (From the judgment and order dated January 5, 1981 passed by the High Court Division in Civil Revision No.253 of 1977.) Judgme......sed by the High Court Division in Civil Revision No.253 of 1977.) Judgment Fazle Munim CJ. - I have gone through the judgment written by Ruhul Islam and B. H. Chowdhury JJ and I concur with the decision of B. H. Chowdhury J. Ruhul Islam J. - I have gone through a copy of the judgment writte..Category: Trust/Waqf Law | Date: | Hits: 188
....e restrained by an order of injunction from taking charge or acting as the Collective Bargaining Agent of opposite party No.4, as prayed for.
The Rule is made returnable within 4 (four) weeks from date."
The facts necessary for disposal of this application are:
The opposite party No.1 herei......ourt has every jurisdiction to issue Rule and the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisio..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....posite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil J.- This Rule calls in question the order dated 30.4.87 passed by the Chairman, Labour court, Chittagong in C.R. Case No. 38 of 1984 acquittin......e after proper enquiry and after affording him opportunity to show cause and he was found guilty of unauthorized absence for more than 10 days. 4. The Labour court allowed the case on contest by decision dated 14.12.1980 and the Management was directed to reinstate the petitioner in service..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......nvalid. The learned Advocated has referred to us the case reported in 34 DLR 147 in support of his contention. The facts and circumstances of the said case are not similar to the present case and the decision does not lend support to the submission of the learned Advocate for the petitioner. There i..Category: Election Law | Date: | Hits: 171
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....n Chowdhury, Advocate - For the Opposite Party No.1. Civil Revision No. 204 of 1988. Judgment Latifur Rahman J.- This Rule at the instance of the defendants is directed against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 reject......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... in accordance with law. It gives the guarantee that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Article 32 mandates that no person shall be deprived of life or personal liberty save in accordance with law. Arti......e was raised for the first time in the case of Dr. Mohiuddin Farooque Vs. Bangladesh and others, 48 DLR 438 to which one of us (Kazi Ebadul Hoque J) was a party. In that case after discussing various decisions of different jurisdictions especially of the Supreme Court of India it was held: “Rig..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....e - For the Respondent. First Miscellaneous Appeal No.186 of 1996. Judgment Md. Abdul Karim J.- This first miscellaneous appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of ...... shall order the attachment to be withdrawn, or make such other order as it thinks fit.” 6. Mr. Md. Waliul Islam, learned Advocate for the defendant‑appellant‑petitioner, has referred to the decision in the case of Shirkat‑i‑Ahbab Vs. National Bank of Pakistan 21 DLR (SC) 275 wherein th..Category: Civil Law | Date: | Hits: 65
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....facts are involved in all the three cases. 2. The Nisi was issued in Writ Petition No.1840 of 1994 calling upon the respondents to show cause as to why the impugned Memo No. 648-Justice-7/2N-98/80 dated 17-8-94 should not be declared to have been issued, made and passed without any lawful authori...... is any repugnancy or inconsistency between the Act and the Rules framed thereunder the rules should be read as if the same have the effect of law. He has, in support of his contention, referred to a decision in the case of Bangladesh Small Industries Corporation Limited Vs. Mokbul Hossain Chowdhury..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....Code of Criminal Procedure has been sent by the Sessions Judge, Natore convicting the accused under section 302 of the Penal Code for confirmation of the death sentence awarded to him by his judgment dated 26-2-94. The condemned prisoner has filed Jail Appeal No.433 of 1994 against the aforesaid jud......licit connection with P.W.4 her husband had murdered his mother is not only preposterous but also baseless as he failed to establish the same. 18. In view of the above we find no illegality in the decision of the learned Sessions Judge convicting the accused under section 302 of the Penal Code sp..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....e Petitioner. Md. Azizul Hoque, Advocate - For the Opposite Party Nos. 1-2. Civil Revision No. 4817 of 1995. Judgment M A Aziz J.- Under challenge in this Rule are the judgment and decree dated 12-10-95 passed by the learned 3rd Senior Assistant Judge and SCC Judge, Dhaka in SCC Case No....... and bona fide requirement and dismissed the suit. 7. When dealing with a case under section 25 of the Small Causes Court Act, the High Court is first of all required to come to a finding that the decision of the Court below suffers from error of law and then to see whether the error of law has v..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
....cate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the learned Additional District Judge, Bogra, in Miscellaneous Appeal No.10...... resolution the defendant No.1 issued a show cause notice on the plaintiff on 12-7-96 and she submitted her reply thereto and thereafter the defendant No.1 suspended the plaintiff in pursuance of the decision of the Managing Committee dated 17-8-96 and the plaintiff opposite party filed the suit cha..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....ng of the aforesaid Admiralty Suit No.33 of 1995 the plaintiff also filed an application for the arrest of MV Hawai Splendour as a security for the plaintiff’s claim. And by the order of this Court dated 16-12-95 MV Hawai Splendour was arrested. 10. Then on 21-12-95 the defendant filed an appli......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....vil Revision No.10025 of 1991. Judgment MM Ruhul Amin J.- In both the Civil Revisions Rules were issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 12‑11‑84 passed by the learned Subordinate Judge, Habiganj in Misc. Appeal No.165 of 1982 ......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....udge on 29‑6‑94 for hearing acceptance or otherwise of the surety. The learned Subordinate Judge after hearing the Advocates of both the sides and on perusal of the surety by order passed on that date accepted the surety. 3. The present petitioner being aggrieved by and dissatisfied with thi......le of the Board Mr. Bhuiyan submits that proposal for furnishing surety by Chairman and Members Administration and Finance and all three of them concurred on furnishing security and according to that decision the Chairman furnished security as per section 33 of Arbitration Act. 6. From the subm..Category: Alternative Dispute Resolution | Date: | Hits: 245
....t to show cause why the inclusion of House No.43, Central Block, Khalishpur Housing Estate, Khulua in the “Kha” list of the abandoned buildings, published in the Bangladesh Gazette (Extraordinary)dated 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by A......Vs. Bangladesh, 46 DLR 130.
14. Every citizen whose fundamental right is infringed by the State has a fundamental right under Article 44(1) for enforcement of his right by the Court. If by a final decision of a competent Court, the title to a property of a person is negatived, he ceases to have t..
Category: Limitation Law | Date: | Hits: 175
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