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Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

....resident and General Secretary so that they may not be harassed by the employer by transferring them from one place to another without their consent for Trade Union activities. 14. The established principle of law is that even if there is an alternative remedy provided by a Statute if a legal rig...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......of Estate Duty. Pakistan and others, PLD 1961 (SC) 119 = 13 DLR (SC) 105; Rupali Bank Limited Vs. Nazrul Islam Patwary and others, 48 DLR (AD) 62; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Nesar Ahmed, Advocates—For the Petitioner (I..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....eory contained in the statutory law. In fact, the law through interpretation by Court is a necessity for protection of the individual rights guaranteed by the Constitution. 15. On the basis of the principles culled out above, an integrated approach in interpretation of tills word "complainant" as......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-Petitioner. Abdur..

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....es which does not mean that in case of a bona fide human error, the Court will not be in a position to grant leave to file document in unavoidable and exceptional circumstances. 24. From the above principles as settled in the case of Moyesuddin Mondal Vs. Bena Rani Das reported in 45 DLR 154 it i......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......fsaruddin Ahmed Vs. Banque Indosuez, 44 DLR (AD) 136; Moyesuddin Mondal Vs. Bena Rani Das and others, 45 DLR 154; Ram Lal Dhirta Ram Vs. The Delhi Municipal Corporation, Delhi AIR 1973 Delhi 112. Lawyers Involved: Mahmudul Islam with Abdul Quayaum, Sk Sharifuddin and Tapash Biswas, Advocatesâ..

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....der appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding. The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......oti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya and Co Vs. Wajir Ali Industries Ltd and Habib Bank Limited, 21 DLR (SC) 50. Lawyers Involved: Selim Reza Chowdhury with Abdul Quayum—For the Petitioner. Not represented..

Category: Property Law | Date: | Hits: 81

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....n 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. This is a settled principle that a court can reject a plaint under clause (a) on a plain reading of the same. The tria......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ...... Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR 1926(Nag) 75(1); Forman Ali Dewan and another Vs. Munsur Ali and ors, 13 DLR 836. Lawyers Involved: ASM Md. Ramzan Khan, Advocate—For the Petitioner. Sk Md. Morshed, Advocate..

Category: Procedural Law | Date: | Hits: 90

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......……………………………………………….Petitioner Vs. State……………………………………………………………….Respondent. Judgment April 26, 2006. Lawyers Involved: Md. Anisul Hoque, Advocate—For the Petitioner. ABM Waliur Rahman Khan, Dep..

Category: Criminal Law | Date: | Hits: 48

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....st nineteen and half (19'/2) years and has acquired a very good reputation and goodwill in the market and, as such, the application for rectification is barred by limitation and also barred under the principle of estoppel, waiver and acquiescence by conduct. It is contended that the mark registered ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ...... Co. Ltd, 48 DLR 376; Sunil Kumar Das Vs. Canon Kabushiki Kaisha & another, 57 DLR 93; The Andhra Perfumery Works Family Concerns Vs. Karkula Suryanarayaniah and others, AIR 1969 Madras 126. Lawyers Involved: M Hashmat Ullah Sheikh, Advocate-For the Petitioner. Abdul Malek with Rokanu..

Category: Intellectual Property Law | Date: | Hits: 386

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....t information report and complaint over same incident are to be tried and disposed of fairly and properly according to law. He submits that there cannot be any scope to evade the application of above principle as enunciated in above decision by the Honorable Supreme Court. He contends that trial Jud......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner. Md. Abdur Rouf, Deputy Atto..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....from the date of receipt of this order in accor­dance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accor­dance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ...... Sonali Bank Limited and Others…………………………….. Petitioners Vs. Prime Global Limited and Others…………………………… Respondents Order February 22, 2011. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate..

Category: Civil Law | Date: | Hits: 102

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....94. This date was fixed for filing basic documents but not ex parte hearing. The learned trial Court without fixing another date for ex parte hearing passed ex parte order on that date. It is settled principle of law that; unless the suit is fixed for hearing on a particular date, the court is not e......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......heed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers Involved: Sk Zulfiqur Bulbul Chowdhury, Advocate—For the petitioner HN Nondy, Advoca..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......……………..Opposite Party. Judgment February 27, 2006. Cases Referred to- Serajul Islam Vs. Helana Begum, and others, 48 DLR 48; Shafiqul Islam and others Vs. State, 46 DLR 700. Lawyers Involved: HM Borhan, Advocate—For the Petitioner. Abul Quashem, Advocate—For the O..

Category: Family Law | Date: | Hits: 184

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

....tate reported in 38 DLR (AD) 188 at page 194 paragraph 18 the Appellate Division of the Supreme Court of Bangladesh having concurred with a decision of the Supreme Court of Pakistan laid down certain principles in the matter of acceptance of apology in the following terms: "In considering whether th......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......; Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237; State Vs. Abdul Karim Sarker 57 DLR 26; Abdul Karim Sarker Vs. the State, 38 DLR (AD) 188; Abdul Hoque Vs. District Judgeship, 51 DLR (AD) 15. Lawyers Involved: AM Aminuddin, Advocate—For Contemner No. 1. Tanjib-ul-Alam, Advocate—For..

Category: Civil Law | Date: | Hits: 1272

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

.... Court by a creditor after 90 days of due service of a formal demand notice. In this situation, we are confronted with the task of interpreting the relevant provisions of Rule 33(2) of the Rules. The principle of interpretation of a statute was explained in the case of Messrs Speed Bird Navigation C......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......n Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (AD) 172; In Colquhoun Vs. Brooks (1889) 14 App. Case 493 (496), Canada Sugar Refining Co Vs. R (1898) AC. 735 (74). Lawyers Involved: Mostafa Neaz Mahmood with Hamida Chowdhury and Aftabuddin, Advocates—For the ..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....Rule requiring no inter­ference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......Rule requiring no inter­ference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ...... 3, 2010. Cases Referred To- Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Taher Hossain Rushdi Vs. The State, 7 MLR (AD) 116; State Vs. Khondker Md. Moniruzzaman, 17 BLD (AD) 54. Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For ..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75....... Overseas Cotton Co. Vs. S.M. Fazail and Co. PLD 1958 (WP) Karachi 27; Mohammad Shafi Vs. Mohammad Sabir, PLD 1960 Lah 591; Abdus Salam and another Vs. Osman Gani and another, BCR 1984 (AD) 346. Lawyers Involved: M. A.Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-On-Record-For..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......vernment of Bangladesh represented by the Secretary, Ministry of Land & others..……………………Respondents. Judgment November 29, 2005. Case Referred to- 31 DLR (AD) 195. Lawyers Involved: Mahmudul Islam with AQM Safiullah. Advocates For the Petitioners. Quamrunnes..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ember Committee on appointment/ promotion/absorption was formed to enquire into their cases and which subsequently recommended the seniority of the respondents to be determined in accordance with the principle of the Next below Rule. Proceeding on this recommendation the said Ministry directed the B......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... Zoarder and others…………………………………Petitioners Vs. Government of Bangladesh and others………………………………Respondents. Judgment November 9, 2004. Lawyers Involved: Abdur Razzaque with Md. Oziullah, Advocates—For the Petitioners. Md. Abdun..

Category: Employment/Service Law | Date: | Hits: 79

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.........Petitioner Vs. Abdul Kabir and others………………………………….Opposite Parties. Judgment June 29, 2003. Cases Referred to- 13 DLR 871; 1985 BLD 61; 1985 BLD 61. Lawyers Involved: Md. Omar Ali Khan, Advocate—For the Petitioners. Shah Md. Zahurul Haque, A..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....ompetent authority, to hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked f......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ...... Md. Asob Ali……………………………………………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal ..

Category: Business or Commercial Law | Date: | Hits: 209

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite Parties. Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. Lawyers Involved: Joynal Abedin, Advocate—For the Petitioners Mojibur Rahman, Advocate—For..

Category: Property Law | Date: | Hits: 72