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Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......ioners do not have to go to the Administrative Tribunal to pursue their right under the provision of Article 117 of the Constitution containing provisions for Administrative Tribunal to deal with the terms of condition of service in the Republic. In support of his argument learned Advocate for the p......eported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......etition No. 6286 of 2010. Judgment SM Emdadul Hoque J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued on the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Money ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a..Category: Others | Date: | Hits: 186
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration money was paid as per terms of the contract. There is no scope for consideration of the issue of title of contesting defen...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….............Category: Civil Law | Date: | Hits: 186
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......herefore the service of the plaintiff under the defendant No.1, Bank is guided by the Law of Master and Servant and, as such, the suit is hit by section 42 of the Specific Relief Act and that the terms and conditions of the service of the plaintiff are not regulated by any legal instruments.
......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......der of sale as required under Order XXI, rule 64 of the Code is illegal and it is liable to be struck down. He lastly submits that the petitioner is liable to pay Taka 20,000 with interest as per the terms of mortgage deed and she is willing to pay the same to save her property and necessary order m...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r..Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... started against him to coerce the accused-appellant to pay the Bank's dues on account of the Oil Mill and that as the negotiation between the accused and the Shilpa Bank was going on regarding the terms of settlement, it was agreed between the Shilpa Bank and the appellant that the criminal cas...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......e plaintiff is in possession of the disputed land from 1386 B.S. which relates back to the date of his kabala. Besides, the document is between two brothers living in the same house and are on good terms. The attesting witnesses are close relations of the recipient and the document has been regi......of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......dlady a sum of Tk.20,000/- as security to convert the value of fittings and fixtures including sanitary and other equipments that may be damaged by the defendants during the tenancy. According to the terms of the agreement the tenant is entitled to receive back the said amount when vacant possession...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132....... as those urban areas are not included and taken over by the Pourashava, the existing Union Parishads without having any more election would continue indefinitely even after the expiry of their terms. Hence we do not see how the inhabitants of the 6 Union Parishads have been rendered franchise......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Election Commission (Annexure H) so far as those..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......os.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern Federal Union Insurance Co. Ltd. respectively for passing a judgment in terms of the award under section 17 of the Arbitration Act. On the application of the Insurance Comp......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are dismissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......e plaintiff is an casement of necessity and such necessity is absolute without which enjoyment of his house is not possible. Therefore the easement claimed is apparent, continuous and absolute in terms of necessity. Thus it appears that plaintiff opposite party has an accessory right in the said......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others..Category: Civil Law | Date: | Hits: 152
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......tention of the detenu is unlawful and without lawful authority. The ground Nos. 2, 3, 4 and 5 show that there are no specific and definite allegations therein and these are vague and are in general terms. As such, all these four grounds suffer from vagueness. It is also a settled principle that ev......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ..Category: Criminal Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... Speaker or a leader of a Parliamentary party is within the essential function of the Parliament and it therefore would not be treated at par with the election of President by the members which is an extraordinary special function and not function of a Parliament as such but I do not find any substa......her is to make laws those others ought to be also empowered by the legislature. In England where there in no written Constitution. Supremacy of the Parliament in making laws is said to be absolute in terms. It has been said that Parliament in England can do anything except turning a man into woman o......Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... his contention that the criminal case in question can be quashed in this writ petition under Article 102 of the Constitution. None of those decisions lays down that the High Court in exercise of its extraordinary writ jurisdiction, can quash criminal proceeding after cognizance of the offence was t...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....t is established now that to prevent the abuse of the process of the court and to secure the ends of justice a criminal proceeding can be and is required to be quashed and the High Court has got this extraordinary power of dealing with the matter relating to application under section 561A CrPC to qu......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......s to have a decision upon the existence or the effect of an award. The phrase "decision upon the existence or effect of an award" is wide enough to cover suits which are aimed at implementing the terms of an award. In cases where parties want to have the award enforced, the proper procedure for ...... Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......eld that: "It thus appears that the pre-ponderance of judicial decisions in the sub-continent is that whether it is a suit for foreclosure or for sale the Court has to pass a preliminary decree in terms of Rule 2(1) of Order XXXIV and that the Court has no option but to award interest pendent to ......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17..Category: Civil Law | Date: | Hits: 141
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......ked their responsibilities and they have not considered the points at issue. The only points at issue is whether the petitioner can be assessed income tax which the Tribunal has not considered in all terms. 8. We have gone through the assessment order, judgment of the Appellate Joint Commissioner......t Division (Special Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......red by the aforesaid predecessor of the defendant Nos.1-8 and during the subsistence of the agreement both of the them i.e. Abu Sadat Mridha and Jamir Hossain died and the plaintiffs according to the terms of the agreement for reconveyance approached the defendants including defendant No.3 and offer......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal..Category: Procedural Law | Date: | Hits: 129
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