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Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......angshu Kumar Banik and others.......Respondents Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involved: Mohammad Nazibur Rahman—For the Petitioners. Enayetur Rahim with Md. Jahan..Category: Property Law | Date: | Hits: 50
....dients, (i) Findings of materials facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts, and (iii) judgment based ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......al AIR 1999 SC 912; Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav, AIR 2003 SC 1709; State of Punjab Vs. Rajesh Syal AIR 2002 SC 3687; Anti-Corruption Vs. Barrister Nazmul Huda 60 DLR (AD) 57.
Lawyers Involved:
MA Hannan and Abdus Samad Azad, Advocates- For the Petitioner.
SM Moniruzzam..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......ents Judgment August 22, 2004. Result: The appeal is allowed. Cases referred to- Lebu Mia Vs. Gonesh Chandra Nath and others, 34 DLR (AD) 220; AIR 1950 Cal 207; AIR 1918 Mad 272. Lawyers Involved: Mahmudul Islam with Serajul Islam Bhuiyan, Advocates ‑ For the Appellants. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... institute the suit. 5. Defendant No.1 contested the suit by filing a written statement denying the case of the plaintiffs. His case, in brief, is that the claim of the plaintiffs is barred by the principles of res judicata, acquiescence and waiver. The suit is also barred by limitation. The plai......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... others, 21 DLR 673; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, 36 Indian Cases 420; 29 DLR (SC) 137, AIR 1935 Calcutta 689; Jagannath and others Vs. Sreenath and others, (1922) 59 CLJ 167. Lawyers Involved: Parimal Chandra Guha—For the Petitioners. Subash Chandra Saha—For Opposi..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......d others................. Respondents
Judgment
May 20, 2003.
Result:
The Rules are made absolute.
Case Referred to-
National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195.
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Hoq Chowdhury, MA Hannan and Hasan Raqib Prodha..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
.... 1967 CrLJ 922, the case of Lahore High Court Vs. Emperor, reported in AIR 1933, Lahore 1002 and the case of Kishen Singh Vs. Emperor reported in AIR 1927 Lahore 580 in support of his contention. The principle of law laid down in the cited decisions readily supports our view. In the result, the a......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002; Kishen Singh Vs. Emperor, AIR 1927 Lahore 580. Lawyers Involved: Munsurul Haque Chowdhury, Advocate ‑ For the Appellant. SM Aminul Islam, A..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....olled and managed by the said Corporation created by Ordinance 1976 which has admittedly its Service Rules, the plaintiff's service is regulated by the Service Rules of the Corporation and not by the principle of Master and Servant and the Courts below found fault with the discharge order dated 7‑...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......(AD) 182; Jamuna Oil Company Ltd and another Vs. SK Dey and another, 44 DLR (AD) 104; Rupali Bank Ltd Vs. Md Arah Ali and others, 7 BLC (AD) 1; Fazlul Karim Vs. Agrani Bank and others, 45 DLR 375. Lawyers Involved: Md. Khalilur Rahman, Advocate ‑ For the Petitioner. AKM Ashiful Haque, Adv..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......esult: The Rule is made absolute. Cases referred to- Secretary, EPIDC Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsprint Employees Union, 25 DLR (SC) 85 ref. Lawyers Involved: Md. Khalilur Rahman with Zubayer Rahman Chowdhury, Advocates ‑ For the Petiti..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....Board of Directors or in the shareholding position of the company. Similarly, Companies Act permits re-valuation of shares, upon acquisition or diminution/loss of assets by the company. On the same principle, company can allot further shares at par, below per or above par/at premium. The only ques......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... Rezaul Hasan J Mehedi Hasan.........................Petitioner Vs. The State.........................Opposite party Judgment June 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khair..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
.... and G.D. Entry dated 23.01.1978 and 14.10.1978 as proved by "Exhibit A, Exhibit A-l and Exhibit Ga" and thereby erred in law in passing the impugned judgment and decree without following the correct principle relating to the appreciation of the evidence on record and as such the impugned judgment a......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......hers Vs. Prajesh Chandra Das and others, 7 BLD (AD) 142; Kessarbai Vs. Jethabai, AIR 1928 (PC) 277; Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3; 1 BCR 490; 3 BLC (AD) 85. Lawyers Involved: Md. Afzal Hossain with Shanaz Haque with Md. Jahir Ahmed, Advocates – For the..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......is disposed. Case Referred to- Md. Osman Vs. Fatema Khatoon and others, 41 DLR 270; Sheik Mohd. Salimullah Vs. Shafiqul Alam, 43 DLR 113; Rabeya Khatun Vs. Md. Saidur Rahman, 56 DLR (AD) 19. Lawyers Involved: Shasti Sarker, Advocate - For the Petitioner. Abdul Quaim, Advocate with him..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......Petitioner, The Industrialization Fund for Developing Countries ("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 Ag...............Opposite Party Judgment October 28, 2010. Result: This Application is allowed. Case Referred to- M/s. M.M. Ispahani Ltd. Vs. Sonali Bank & Others, 1984 BLD (AD) 242. Lawyers Involved: Dr. Sharif Bhuiyan, Advocate with Ashraful Hadi, Advocate and Tanim Hussa..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....acts" and in this regard, the “doctrine of continuous officiation” should be called in aid for their absorption/regulations in the service of Biman. 15. Dr. M Zahir also submits that the principle of legitimate expectation requires that the petitioners should be made permanent employe......88. In course of time, BFCC became an integral part of Bangladesh Biman which was established under the Bangladesh Biman Corporation Ordinance of 1977. With the establishment of BFCC in 1989 at Zia International Airport, now renamed as Hazrat Shah Jalal International Airport, Biman Management abol...... Umadevi (3), (2006) 4 SCC 1; Chief Commissioner of Income Tax Vs. Susheela Prasad (2007) 12 SCC 402; Bangladesh Vs. Abdul Mannan, 29 DLR (SC) 17; Indira Gandhi Vs. Raj Narayan, AIR 1975 SC 2279. Lawyers Involved: Dr. M Zahir with Abdul Matin Khasru and SM Ezaz Rahman, Advocates-For the Petit..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....e Chairman of the NBR is an inseparable and essential constituent part for the board to function the sanction given by it cannot be taken to be in any way tainted for his presence on the board. The principle of coram-non-judice has no application in the present case." 14. We have gone through t......r of this country by abusing her official position in connivance with other accused persons approved draft rules for giving opportunity of NIKO Resources a foreign company, which failed to compete in International Tender, for extraction of gas worth Taka 13,630 (thirteen thousand six hundred thirt......ul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur Rahman Vs. State, 53 DLR 125; PLD 1962 Dacca 623; Begum Khaleda Zia Vs. State, 55 DLR 596. Lawyers Involved: Rafiqul Huq with Sheikh Fazle Noor Taposh, Abdul Matin Khasru, Yousuf Hossain H..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......ther………………..Respondent Judgment May 18, 1982. Result: The appeal is dismissed with costs. Case Referred to- Syed Saha Vs. Commissioner of Wakfs, A.I.R. 1961, SC 1095. Lawyers Involved: M.H Khondkar, Senior Advocate, Supreme Court, Mohammed Habib Ahmed, Advocate, S..Category: Trust/Waqf Law | Date: | Hits: 188
....this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable or not in the circumstances of a given case to grant the re......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......Chittagong & others.......................Opposite Parties
Judgment
January 30, 1989.
Result:
The application is allowed on contest and order of ad-interim injunction is set aside.
Lawyers Involved:
A.Y. Salehuzzaman with SK. Zulficar Bulbul Chowdhury, Md. Ibrahim, Advocates - ..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......han & Co. Works Union, Chittagong, 25 DLR page 192; Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 36 DLR (AD) 179; 36 DLR (AD) 179; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1. Lawyers Involved: Abdul Momen Chowdhury, Advocate - For the petitioner. Mamtaz Uddin Ahmed, Ad..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....thers reported in 27 DLR 373 wherein a large number of decisions of the Appellate Division and the High Court Division of the Supreme Court have been referred. All those cases lay down the well known principle that complicated question of fact should not be entertained in a Writ Jurisdiction and Wri......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. ......arged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. of Bangladesh and others, 27 DLR 373. Lawyers Involved: Akram Hossain Amin, Advocate - For Petitioner. Masih-Ul Islam, Advocate - ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....ble care he would have clearly known that those are not genuine. In the absence of such evidence, proved beyond reasonable doubts the benefit of doubt would go in favour of the accused. That is the principle of law with which there is no dispute. 22. Now, coming back to the impugned judgment ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......nan Chowdhury and Asgar Hossain...........Appellant Petitioners Vs. Shamsul Huq Sikder and the State.........Respondents Judgment January 11, 1989. Result: The appeal is allowed. Lawyers Involved: N.H. Khondakar, Syed A.B. Mahmudul Huq and J.H. Afric, Advocates - For the Appe..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....that people within and outside the project area do not suffer unlawfully. No person shall be deprived of property except under the law of the land; otherwise it would be subversive of the fundamental principles of a democratic Government and also contrary to provisions and spirit of the Constitution......t the people in the Flood Action Plan. 58. Reference may also be made to a speech delivered by Ms. Matia Chowdhury, Food and Agriculture Minister, Government of Bangladesh on 19 August, 1997 in an International Workshop on “South Asian Meeting on Flood, Ecology and Culture: In the context of li......In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States Supreme Court Report page 209; Dr. Mohiuddin Farooque Vs. Bangladesh a..Category: Environmental Law | Date: | Hits: 1051
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