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Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......‑9‑87 and by that notification the Cheora Government College was nationalised. On 15‑9‑87 a deed of agreement was entered into in between the College Authority and the Government settling the terms and conditions of nationalisation including the retention of the teachers and other staff of t......This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......ly secured by pledging the potatoes stored in the cold storage, owned and established by the company by utilizing the project loan obtained from the Bank. But, the Directors committed breach of the terms and conditions of the pledge deed by illegally selling the pledged potatoes without knowledge ......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201..Category: Administrative Law | Date: | Hits: 212
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......such findings the trial Court dismissed the suit. 6. The learned Subordinate Judge, as the appellate Court, concurred with the findings and decision of the trial Court and disallowed the appeal in terms of the impugned Judgment. 7. Mst. Khaleda Zaman, the learned advocate for the plaintiff-pet...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... by limitation, as according to it, the cause of action arose since the date of original purchase of the said and on 23‑4‑59 and the suit was liable to be filed within six years from that date in terms of Article 120 of the Limitation Act. This apart, the appellate Court below also found that th...... ..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......at opposite party No.2 Mahmuda Begum Chowdhury had entered in two separate contracts dated 25‑12‑83 with these petitioners to sell the suit property to the petitioners and for non‑fulfilment of terms of contract, these petitioners filed Title Suit Nos.50 and 54 of 1984 in the Court of Subordin......This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......nd the application filed by the accused petitioners in this case, it appears that admittedly there was a written contract , between the FDC and the accused petitioners for making a film on stipulated terms and conditions and an amount of Tk. 35,93,315/- became payable by the petitioners to the FDC f......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......cate for the appellant lastly submits that the appellant is entitled to get benefit of section 35A of the Code of Criminal Procedure i.e. the period of custody of the convict may be deducted from his terms of sentence. 24. In this connection he refers the decision in the case of Shadhu Miah and o......………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......se may be a violation of the term of the loan, but that cannot be considered for the income tax purpose. The provision of Section 2(46) of the Income Tax Ordinance 1984 clearly provides that both the terms are representing the same entity. The provision of section 19(B) of the Income Tax Ordinance 1......160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... age. So, a power in a lease, enabling the lessor to resume “possession of any portion of the premises demised”, enables him to resume all (Liddy Vs. Kennedy), L.R.5 H.L. 134). So, a notice of an extraordinary meeting (Companies Clauses Consolidation Act 1845 (c.16), s. 70 –see Companies Act 1......tem to ensure their continual and proper functioning. Any interference with the same as earmarked in the said Master Plan will have devastating environmental effect for which the Master Plan in clear terms prohibited residential, commercial and industrial developments in those Zones, including raisi......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental..
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... proper service, in accordance with provisions of law, mere existence of a lengthy report by process server showing presence of certain persons to testify the service, is of no use. Ordinarily, in terms of Order V, rule 12, CPC the service of notices should as far as practicable, be made personal......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......the Petitioners. A. B. M. Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No.2427 of 2011. Judgment AHM Shamsuddin Choudhury J. -The Rule was issued on following terms; “Let a Rule Nisi calling upon the respondents to show cause as to why a direction should...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......ntice employee in any shop, commercial establishment or industrial establishment to do any skilled, un‑skilled, manual, technical, trade, promotional or clerical work for hire or reward whether the terms of employment be expressed or implied." The question now arises as to whether Sonali Bank i...... restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......s the proposal meeting the required criterion, forward the same to the CEO or the Managing Director with recommendation, who in turn, if agrees with recommendation, place the proposal, along with the terms and conditions of the loan, before the Bank Board of Directors. The Board would then either ap......5 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... settlement of the dispute between the petitioners and respondent No.3 by rescheduling the loan liabilities of the petitioners. As a result, the Board of Directors of the respondent No.3 approved the terms and conditions for the settlement of the petitioners' liabilities and respondent No.3 vide let...... is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....din-For added respondent No.5. Writ Petition No.4223 of 2004. Judgment Md. Ruhul Quddus J. - This Rule nisi was issued calling in question a notification published in Bangladesh Gazette extraordinary dated 10.6.2004 being S.R.O. No.191 Ain/2004 communicated with a covering letter as co......bsequently filed a supplementary affidavit-in-opposition affirmed on 14.10.2012 accepting those documents to be genuine. In the said supplementary affidavit it is stated that the present situation in terms of infrastructure, income and occupation of the people of the area in question have been drast...... agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......hat the accused appellant Badsha Alam was convicted under section 409/477(A) of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and he was sentenced there under in different terms. 31. There are three ingredients of section 409: "i. public servant, ii. entrustment with t......arch 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never fo..Category: Criminal Law | Date: | Hits: 76
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... in Netherlands. 4. Ms. Selina Akhter, learned Advocate for the petitioner at the very outset submits that the writ petitioner was conducting his business in accordance with law, and following the terms and conditions of the license, but the Government without giving him any opportunity of being ......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru..Category: Constitutional Law | Date: | Hits: 407
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......ruction of the Union Parishad Complex as per resolution of the Union Parishad. 7. At the outset, Mr. Md. Shafiqul Islam, the learned Advocate appearing on behalf of the petitioner, submits that in terms of the 'পরিপত্র' dated 28.12.2005, the new site at Biaghat Bazar as proposed by ......ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ..Category: Administrative Law | Date: | Hits: 261
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ed out by the unfortunate accused appellant and any retrial would cause further harassment to the accused and defeat the ends of justice. However, in that case elaborate discussion was made as to the terms absconsion and failure to appear and the circumstances under which the trial in absentia of an...... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......urther capacity to carry more. Thereafter, the authorised agent of the defendant No.1, issued Bill of Lading No.3 dated 27‑3‑96 to the supplier of the cargo, the plaintiff. 9. The plaintiff in terms of the said L/C presented the shipping documents including the till of Lading through its Bank......531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
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