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Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......y. 11. On perusal of the revisional application it appears that the plaint has been annexed as Annexure-A. In the prayer portion of the plaint, a simple relief has been sought for in the following terms: “সেমতে বাদী বিনীত প্রার্থনা করেন ......e date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..

Category: Civil Law | Date: | Hits: 107

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......hat should Courts not exercise restraint in this regard the authority of Courts to enforce individual rights "can be stretched too thin." 24. The political context of these two Applications in the terms of what this Court perceives to be the political vicissitudes of the tribal peoples is best in......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen..

Category: Constitutional Law | Date: | Hits: 314

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order 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) 396. ......ance and contested the case by filing written statement and denied the material allegations. It was claimed that the respondent No.2 was appointed as Lower Division Assistant‑cum‑Typist under the terms and conditions of FDC. Service Regulations, 1978 and in this particular case Regulation 12 is ......J Md. Fazlul Haque J Bangladesh Film Development Corporation, represen­ted by the Managing Director ……………………………….Petitioner Vs. Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents Judgment November 11, 1996. Result: ..

Category: Labour and Industrial Law | Date: | Hits: 265

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......e promoters of a public have, before its incorporation, entered into a contract, the company: Provided, that the company has rati­fied and adapted the contract and the contract is warrants by the terms of the incorporations. 39. Para (h) of section 27 of the Specific Relief Act, 1877 mandates......70. ..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ss or group of industrial establishments." 16. The wages have been defined in section 2 (VI) of the Act as under: Section 2(VI): "Wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fu......isdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Editor, Bangladesh Observer, Dhaka & another…………………Petitioners Vs. Member, Labour Appellate Tribunal and others……………………Respondents Judgment June 14, 1998. Result: The Ru..

Category: Labour and Industrial Law | Date: | Hits: 215

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......vision held as under: " ....... the Cabinet decision dated 3.11.91 without publication in the official Gazette and cannot be treated as guide line and add thereto it was not an executive action in terms of Article 55(4) of the Constitution." 18. In the case reported in 1984 BLD (AD) 37 as refe...... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ...... of Directors from 21 to 13 and also made amendment of section 15Kaka of the Banking Companies Act, 1991 to the extent that no Director shall hold office of Director for more than two (2) consecutive terms, whilst each term is for three (3) years i.e. not to hold office of Director for more than six......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......tioner is not at all maintainable under section 138 of the Negotiable Instruments Act as there is a Civil con­tract between the complainant opposite party and the accused petitioner in the following terms: ১ম পক্ষের মালিকাধীন প্রতিষ্ঠানের...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......valent to Taka 3,86,99,021 (v) M/s Elenos, Italy US$ 676,729, Equivalent to Taka 4,67,82,275.77. 4. The procuring entity showing M/s Nautel Ltd. technically responsive in gross violation of the terms of the tender document and illegally issued notification of award in its favour. M/s Nautel Lt...... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese..

Category: Company Law | Date: | Hits: 177

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ed in Order 6 rule 17 of the Code of Civil Procedure which runs as follows: "The Court may at any stage of 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 d...... in:48 DLR (HCD) (1996) 372. ..

Category: Civil Law | Date: | Hits: 112

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... for bail was refused by the order dated 3‑3‑93. The learned Advocate for the appellants has submitted that the appellant No.1 had already served out the sentence and released after expiry of the terms and sentence.  In the result, the appeal is allowed in part. The order of conviction ......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ...... in the Schedule of the said Memorandum, for a total consideration of US $ 2,300,000. From Annexures B, C and D it is evident that the petitioner has also made a part payment of US $ 1,800,000 as per terms of the said Memorandum to respondent No.1. 19. From Annexure K, it appear that by letter da......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ......g on the basis of the Power of Attorney granted by the plaintiff. He further stated that the Bills of Lading did not contain the specific description of the goods and the same has been carried on the terms "shippers load stow and count". He further stated that he has not filed PSI report in this Cou......sp; ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......s Rule is as follows:- 3. The Respondent No.2 & 3 borrowed the amount of Tk. 50,00,000/= in the year 1994 under bilateral agreement with the petitioner in order to re-pay the amount in certain terms and condition incorporated therein; but on failure to re-pay the outstanding loan of Tk. 1,45,......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ..

Category: Civil Law | Date: | Hits: 186

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......he proposition can be accepted that "......it is a settled rule that the preamble "cannot be made use of to control the enactments themselves "where they are expressed in clear and unambiguous terms." I quote the words of Chitty L.J., which were cordially approved by Lord Davey in Powell......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed and re‑constructed the......Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settle­ment and others…………………………………………Respondents Judgment June 24, 1996. ..

Category: Property Law | Date: | Hits: 113

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... Councils Service Rules, 1968. But he submits that the plaintiff's letter of appoint­ment, which has not been marked as an ex­hibit in this suit, shows that his "appointment is subject to the usual terms and conditions as laid down by the Government for Works Programme Personnel employed by the Lo......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H...

Category: Employment/Service Law | Date: | Hits: 120

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ...... of some condition the lessees would be leased out the land fulfillment of some conditions the lessees would be leased out the land permanently. The lessor being satisfied with the fulfillment of the terms of the lease deed executed and reg­istered another lease deed dated 4.3.2001 leasing out the ......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul..

Category: Civil Law | Date: | Hits: 115

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......rse of their business, the com­pany was appointed as General Sales Agent (briefly, GSA) in 1983, such appointment being renewed from time to time, and lastly, it was renewed on 01.03.2006. Under the terms of the GSA Agreement, the company was to sell tick­ets for passenger and cargo flights oper­......ry Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Cathay Pacific Airways Limited, 5/F, South Tower, Cathay Pacific City, 8 Scenic Road, Hong Kong International Airport, Hong Kong and having its local office at "Baliaree" (2nd floor), Plot No.30, Road No.130, Gulshan-1, P.S.-Guls..

Category: Company Law | Date: | Hits: 164