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Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Vs. Md. Asmatullah reported in 32 DLR (AD) 39. Nur Hossain, learned Advocate on reference to the judgment passed by the High Court Division in Civil Revision No.2032 of 2010, in which one of us was a party, and also the judgment passed in First Miscellaneous Appeal No.247 of 2010 submits that the fi..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......ome remedial provisions for an individual worker. So out of necessity the Ordinance was < amended by the Ordinance No. XIX of 1970. i Section 34 in its pristine form stood as under: "Any party to an industrial dispute relating to a matter arising out of any right guaranteed or..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....lastly submits that the suit filed under section 39 of the Specific Relief Act for cancellation of the disputed deed and the plaintiffs made parties of the disputed deed. So the suit is not barred by defects of parties and there is no need to call for the records of the Permission Case No. 432 of 19......he impugned judgment and order of remand has been passed by the final Court of fact in order to fill up the lacuna. It is not the duty of the appellate court to give an opportunity to the erring party to fill up the lacuna in pleadings and evidence on this count also the impugned judgment and d..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......e result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of the company. When the Managing Director of the Company is made party, there is no necessity for making the Company a party as the Director represents the company....Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....by the accused respondent is nothing but a premature institution and before the High Court Division it was argued that if the cause of action matured during pendency of the proceedings, the defect of prematurity of the cause of action could be cured and in spite of that the High Court Divi......and the same was liable to be quashed. 4. The application gave rise to Criminal Miscellaneous Case No.6908 of 2008. The criminal miscellaneous was contested by the complainant opposite party by filing a counter affidavit. 5. A Division Bench of the High Court Division on hea..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......hen there was no electricity. P. W. 2 said; “গুলীর শব্দ শোনার ১০/১৫ মিনিট পর কারেন্ট আসে”। Usually the killing party after killing the victim does not stay in the place of occurrence. Section 114 of the Evidence..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......he Petitioner. No one—For the Opposite Party Nos.1 & 2. Civil Revision No.1683 of 2011. Judgment Md. Nuruzzaman J.—This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 24-11 -2010 passed in Miscellaneo..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ....... Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ction 561A of the Code of Criminal Procedure there was no statement to the effect that the person who received the notice was not authorized to receive it. Therefore, it would not be open to any party to invoke the inherent jurisdiction of the High Court Division to ascertain as to whether noti..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......ndent-Bank as well as the Adalat committed illegality in issuing the warrant of arrest against the petitioner in view of the fact that the petitioner was admittedly not the main borrower, but a third party guarantor, and, as such, in view of the provisions under section 6(5) of the said Ai..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......urt of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......t ANM Bashir Ullah J.- This Rule on an application under Section 115(1) of the Code of Civil Procedure (in short, the CPC) filed by the defendant-petitioners was issued calling upon the opposite party Nos.1-12 to show cause as to why judgment and decree dated 22-2-2004 passed by the Additional ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......wever, beyond this, we are unable presently to explore further that latter scenario of any avenue of redress under the Code given that such point was not raised or submitted upon at any length by any party to the present Writ Petitions. 20. Apart from the above, the learned Advocates for the pe..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......desh Bank with a strong regulatory power over the functioning and business of banking companies." 15. In JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480 where both of us were party unequivocally endorsed the view of our Appellate Division and observed— "Under..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......etter understanding of the words used in conferring such jurisdiction, section 196D is quoted below: "196D. Appeal to the High Court Division:—The Commissioner of Customs or the other party may, within ninety days of the date upon which he is served with notice of an order under sect..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......rom the statute or the law which has constituted the Court and no parties to any litigation can confer such jurisdiction on the Court by consent. It is also well settled that even the consenting party cannot be estopped from subsequently maintaining that the Court or tribunal had acted without ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......gment M Enayetur Rahim J.— This Rule, on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, was issued calling upon the opposite-party to show cause as to why the proceedings of the Special Sessions Case No. 188 of 2011 aris..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......tiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Foundation represented by it's Chairm..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3