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Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......‘fair' play in action' demands that before any prejudicial or adverse action is taken against a person, he must be given an opportunity to be heard. The Rule was stated by Lord Denning, MR in these terms in Schmidt B Secy. of State for Home Affairs (1969) 2 Ch D 149 "Where a public officer has pow......ted in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......ey Vs. Hill (1884 2 HL Case 28 and the Court of Appeal stated in Joachimson Vs. Swiss Bank Corp. (Supra), is simply a debtor to his customer and remains bound to repay the debt in accordance with the terms of the contract. 21. The authorities discussed above, however speak of the bankers' defence......s also Reported in: 55 DLR (HCD) (2003) 624. ..

Category: Criminal Law | Date: | Hits: 130

Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)

....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......that there has been material irregularity or fraud in publishing or conducting the said sale. If the ground for impugning the sale is fraud in publishing or conducting the sale then, according to the terms of the rule, the proceeding is to be initiated by a person as has been named in the said rule ......ation on the same date before rising of the Court, the learned judge instead of fixing the matter for hearing on a subsequent date could have avoid trouble by simply re-call­ing the order of default and fix the date for disposal of the appeal. In the failure to do so, the order passed by the learne..

Category: Procedural Law | Date: | Hits: 154

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ......ds at a price agreed upon between Reliant and the Chinese manufacturer and it would not be for Reliant in these circumstances to refer such a problem to BCIC in order to elicit any benefit beyond the terms and conditions of the pur­chase order/Contracts. Disputing Reliants contention that BCIC had ...... Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Petitioner Vs. Bangladesh Chemical Industries Corporation, BCIC Bhaban, 30-31 Dilkusha C/A, P.S. Motijheel, Dhaka and another…………………………………Respondents Judgment October 19, 20, 2007. ..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......nd transferred. In the instant case the pre‑emptor opposite parties have claimed pre‑emption of the suit land as a co‑sharer tenant to the disputed Khatian No.339 through inheritance. 14. In terms of section 96(1) of the said Act the pre‑emptor‑opposite parties are required to file an a......eported in:49 DLR (HCD) (1997) 414. ..

Category: Property Law | Date: | Hits: 155

Abdul Halim Talukder alias Chand Mia Talukder Vs. Md. Hazrat Ali Talukder and others, 1997, 26 CLC (HCD)

....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 564. ...... in rejecting the petitioner's applications for determination of issue of maintainability of the suit under Order 14 rule 2 of the Code of Civil Procedure without passing even formal order thereon in terms of the provision of Order 14 rule 2 of the Code of Civil Procedure. He, however, does not have......so Reported in:49 DLR (HCD) (1997) 564. ..

Category: Procedural Law | Date: | Hits: 152

Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)

....t the abuse of the process of any Court or other­wise it would secure the ends of Justice. It must be clearly borne in mind that the powers under section 561A of the Code of Criminal Procedure being extraordinary in nature, should be exercised spar­ingly where such exercise is essential and justif......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Habibul Gani J Md. Muntasir Hossain MD., Unipay 2U (BD)Ltd..........................Petitioners Vs. State and another……………………………..Opposite Parties Judgment August 25, 2011. Re..

Category: Criminal Law | Date: | Hits: 123

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......989 demonstrates that service of summons upon substituted heirs Defendant Nos. 18(1 ka)-18 (1 gaha) i.e. Defendants-Petitioners had been caused. Relevant portion of the said order is in the following terms: বিবাদী ১৮(এ)-১৮(ডি) নামীয় সমনজারী অন্......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment Febr..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment ......(Special Original Jurisdiction)      Present: Syed Mahmud Hossain J Farid Ahmed J BRAC Printers…………………Petitioner Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 20..

Category: Labour and Industrial Law | Date: | Hits: 138

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......t the petitioners after the death of Md. Serajuddin approached respondent No.1 a number of times in writing and also by appearing before him to mutate the names of the heirs of late Md. Serajuddin in terms of the said lease deed dated 26‑8‑60. On 28‑7‑87 the heirs of late Mr Serajuddin appli...... also Reported in:49 DLR (HCD) (1997) 467. ..

Category: Property Law | Date: | Hits: 119

Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....r­dance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ...... VI Rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of de......rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..

Category: Procedural Law | Date: | Hits: 114

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ......nt Board, namely (i) a Power Purchase Agreement and (ii) a Land Lease Agreement and also submitted a Bank Guarantee to the opposite party No.1 as secu­rity for carrying out the construction work. In terms of the said agreements the opposite party No.2, the Government of Bangladesh was required to i......oma, 73102, United States of America……………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party Judgment June 7, 2010. Result: ..

Category: Civil Law | Date: | Hits: 178

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ble with the ordinary course of events. It is not clear how they trapped a full-grown armed man in a so-called opportune moment. There is nothing on records to show the exact condition of the room in terms of its nature, walls, doors, windows and lock-up devices so as to assess the possibility of co......…………Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (..

Category: Criminal Law | Date: | Hits: 84

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......gain to the detriment of them as well as of their fellow bankers. The Operation Manual No.1 of Islami Bank itself provides in its clause-11.3 formal instructions for opening accounts in the following terms:  "No account shall be opened without having suitable introduction from a respectable ......: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); Br..

Category: Business or Commercial Law | Date: | Hits: 548

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ...... such record of rights per se raises any presumption in favour of stridhana. 29. Over and above Mr. Quayum appears to be factually wrong in that the defendant No.2 herself as D.W.2 stated in clear terms that the land was recorded in her name after death of her husband. Her own words read as follo......sana Begum, Advocates - For the Respondent.  First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Sui..

Category: Property Law | Date: | Hits: 107

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......ecords it appears that suit for partition by one expatriate member of a family against all others has arisen out of a sense of deception and deprivation allegedly meted out to him by his co-owners in terms of his 1/5th share in rental and other profits earned from the suit properties. The applica­t...... This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......iving effect to the provisions to the Order. Clause (b) of Sub-Article (2) of Article 43 of the BSRS Order provides that Regulations may be made for the recruitment, remuneration, promotion and other terms and conditions of the service of the officers and other employees of the BSRS. In exercise of ......ourt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Junnur Rahman (Md.)…………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment May 20, 1997. Result: The Rule is discharged..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......lacement of the petitioner in any other cadre, instead of the police cadre, is possible. But the Public Service Commission in its reply dated 15-10-96, exceeded its obligation, by replying beyond the terms of reference and expressing its disagreement with the report of the special branch of police. ...... Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mas..

Category: Employment/Service Law | Date: | Hits: 194

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ....... Nadira Rahman, to be removed from Mutwalliship and finding the petitioner before the Administrator of Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed t......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC) 155. Lawyers Involved: ..

Category: Trust/Waqf Law | Date: | Hits: 134