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....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ugh the samity is a Welfare Organization it has its own source of income, such as income from Dormitories rent of 32 shops at Rangpur, Pathological Clinic at Jamalpur and that the Samity earns lot of amount from a Training Centre at Patuakhali.
6. Petitioner has filed Affidavit-in-reply to the Af..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......rity”. In any view of the matter, the High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of money to the writ-petitioner, unless the amount claimed is both an admitted amount as we..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......llants would be guilty of murder and the other for abetment thereof and also being in possession of or going armed with arms punishable under section 19A of the Arms Act. It was further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil ......, subject to absence of prejudice, the accused may be convicted of the offence, which he is shown to have committed although he was not charged with it. In this reported case the appellant’s action amounts to an offence under section 5(1)(d) of the Prevention of Corruption Act. It is true that the..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......8 (Annexures A and A1). On 2-3-98 both the victim girl and Rubel by swearing a joint affidavit before a Notary Public (Annexure ‘B’) declared that they had married according to Muslim Law with an amount of Taka 1, 00,001 as dower money. A marriage ceremony was later observed by her in-laws on 7-..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......97 and that the policy of the law in respect of bail to persons accused of non-bailable offence as laid down in section 497 is required to be followed. He submits that any departure from the above principle will lead to discrimination among the accused who being better-off can pray for bail unde......ate grant of bail, however, merely on the request of a person; who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced. 17. The seco..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350........ Fazlur Rahman and Co (Pvt.) Limited calling upon the respondents to show cause as to why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......d, the charges so framed are misconceived and illegal and that continuation of Nari-O-Shisu Nirjatan Case No.20 of 1997 of the Court of Nari-O-Shisu Nirjatan Daman Bishesh Adalat No.2, Bagerhat would amount to harassment of the petitioners as well as abuse of the process of the Court and, as such, t..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......ses out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred in law in entertaining. 6. Basically, the principle is that, a writ petition cannot be founded merely on contract, but when a contract is conc......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......n the framework of the suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction.……….......ision occasioning failure of justice. The error of law must have to be found within the framework of the suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, th..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37....... Firoj Miah (present appellant) about 3 years before the occurrence. At the time of marriage cash money and other valuables were given to the accused but a few days after marriage he demanded further amount of dowry and sent back Sahara to her father’s house. Lastly, the accused demanded Taka 20,0..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......me of the marriage and giving sum of Taka 50,000.00 twice as dowry after the marriage there is no allegation that on the date of occurrence the victim wife was assaulted over the demand of any agreed amount of dowry. Rather allegation is that the petitioner had assaulted his victim wife with fist bl..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......ase where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under section 148 of the Code of Civil Procedure, to deposit any outstanding amount decided even though the decree contains a default clause that in default of the plaintiff to..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ich is given to bind the contract, as an earnest or token of good faith and as a guarantee that the giver will fulfill his contact. In the case of HC Mills vs. Tata Air Craft, AIR 1970 (SC) 1986, the principles regarding ‘earnest’ were found as: (1) It must be given at the moment at which ...... along with 2% earnest money by 3-6-86. Accordingly respondent No.2 determined the highest market price of Taka 1,00,000.00 per Katha and a sum of Taka 5,00,000.00 for the structures making the total amount at Taka 66,15,000.00 which was the highest price at the relevant time. A Bank draft for Taka ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ...... Court are triable under the Martial Law Regulations, is, in our opinion, difficult to accept because for this proposition the learned Deputy Advocate General has neither relied upon any well-settled principles of Jurisprudence nor any decision of any superior Court. As a matter of fact the learned ......at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court... There..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......st them, their application under Order 9 rule 13 CPC must be filed within 30 days from the date of the ex parte decree and not from the knowledge of such decree. I am in respectful agreement with the principle of law laid down by the superior Courts of the Sub‑continent and I must hold that Miscel......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......y, section 8(2) of the Arbitration Act, 1940 of Bangladesh and section 10(d) of the Arbitration Act, 1950 of England about the appointment of an Arbitrator being in pari materia and in view of the principle of law enunciated in the case of MA Chowdhury vs. Mitsui OSK Lines Lid, 22 DLR (SC) 334, ......llegal a contract by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of that dispute so referred.” ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......called upon to examine whether the impugned order refusing to review the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidenc......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......scribed under Article 158 of the Limitation Act.
11. We are in respectful agreement with the decisions reported in 6 DLR 478 and 8 DLR 305 and we do not find any reason to differ from those principles of law as laid down by their Lordships in those two decisions. In the facts and circ......ng aggrieved by the said cancellation of the agreement the respondent No.1 in terms of the aforesaid agreement referred the matter of cancellation to the Additional Chief Engineer and claimed an amount of Taka 30 crore and odd as compensation on the ground that after conclusion of the agreement..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
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