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Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....ute any offence, in such cases it will be legitimate for the High Court Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in aid when there is a flagrant abuse of the process of t......arine Engineer, who was working as 3rd officer in the vessel MV Banga Biraj under the ownership of HRC Shipping limited; that he was working in the vessel on the basis of contract of 6 months and the terms of contract was scheduled to expire on 12.02.2004 but the complainant came to know on 08.02.20......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... Rin Adalat Ain, 2003 even in the event of an application being filed under Order XXI, rules 90 and 91 of the Code of Civil Procedure. Section 32 of the Artha Rin Adalat Ain, 2003 is in the following terms: জারীর বিরুদ্ধে আপত্তি।—(১) অর্থ ঋণ......on (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Mollah Shabidul Islam…………………………………….....Petitioner Vs. Md. Monsur Rahman and others.......................Respondents Judgment January 3, 2005. Result: The Rule ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....nformation Ordinance, 2008 “স্বপ্রনোদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮” (Ordinance No.27 of 2008) published in the Bangladesh gazette extraordinary dated June 8, 2008 (Ahnexure-'A' to the writ petition) is liable to be declared to hav......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......on that test for determining whether a person is in possession of anything is whether he is in general control of it. "Possession" is expressed in Corpus Juris Secondum 72 CJS 233 in the following terms: "The closest relation of facts which can exist between a corporeal thing and the person wh......diction) Present: AK Badrul Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers I..Category: Criminal Law | Date: | Hits: 84
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......eived said 4380 MT of scraps, the plaintiffs were ruined.
5. The plaintiffs also imported a 1600 KV transformer for their re‑rolling mills by opening a letter of credit through said bank. As per terms, they paid at the margin of 35% of the price while the bank 65%. After arrival of transformer,.......
This Case is also Reported in: 56 DLR (2004) 530.
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Category: Civil Law | Date: | Hits: 92
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....is a very dishonest Association and they have no right to continue as such. Mr. Nabi concentrates on the provisions of sub‑sections (v) and (vi) of section 241 of the Act, and submits that it is an extraordinary jurisdiction conferred on the Court and the Court has enough power to pass a winding u......tion. It is stated that as soon as the aforesaid letter was received by the petitioner he approached the Accounts Section of the Association to collect all legal and arrear dues accrued to him at per terms and conditions of service. It is farther contended that whenever the demand was made by the pe......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
...... Ordinance, 1978 (Ordinance XI of 1978). The learned Advocate further submits that since the petitioners were appointed under Article 118 of the Constitution, their remuneration, privileges and other terms and conditions of service cannot be varied, under the provisions of Article 147(2) to what wer......rted in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
...... for 91,200 units along with compensation. In due Course the petitioner No.2 and the other accuseds deposited the fine amount and the petitioners requested the respondents for issuance of the bill in terms of the Judgment of the learned Magistrate. The respondents did not submit any bill, instead ...... Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......vil Procedure which provides that no pleading subsequent to the written statement of a defendant other than by way of defence to a setoff shall be presented except by the leave of the Court upon such terms as the Court thinks fit but the Court may at any time require a written statement or additiona......ly as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......d order National Board of Revenue and others filed Civil Petition for Leave to Appeal No.1587 of 2002 before the Appellate Division upon which leave was granted with ad-interim order in the following terms:
"The impugned order dated 21-7-2002 passed by the High Court Division is hereby stayed til......e Court
High Court Division
(Special Original Jurisdiction)
Present:
Ashfaqul Islam J
Dada Engineering Ltd...........................Petitioner
Vs.
Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents
Judgment
August 18, 2010.
Result:
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... of any rule or any subordinate legislation that is clearly stated in the Act by the expression, namely, "under the Act or the Rules made thereunder".
14. Lastly, he submitted that pursuant to the terms of the contract of appointment as a PSI agent, the petitioner companies each had already furni......orted in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... to an establishment or group of establishments shall be entitled to‑ (a) undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or the conditions of work. (b) represent all or any of the workmen in any pr......Division (Special Original Jurisdiction) Present: Md Joynul Abedin J Sheikh Rezowan Ali J Karnaphuli Fertilizer Co. Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is mad..Category: Labour and Industrial Law | Date: | Hits: 152
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......it for ejectment if instituted by the opposite parties. He also submits that the House Rent Controller is under legal obligation to permit the petitioner to deposit the monthly rent if he deposits in terms of section 19(1) (a) of the Act, 1991. He finally submits that the opposite parties have no ob......) 342...Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......rrevocable and unconditional corporate guarantee in the form of a Guarantee Agreement executed on 20.1.2007 in Bangladesh ("the Guarantee") as security for the loan provided by the Petitioner. By the terms of the Guarantee, the Opposite Party is bound, inter alia, a repayment of the loan by the Borr......ory Jurisdiction) Present: Syed Refaat Ahmed J The Industrialisation Fund for Developing Countries (IFU), having its office formerly at Bremerholm 4, 1069 Copenhegen K, Denmark, and currently at 27, Fredericiagade, 1310 Kobenhavn K., Denmark............................Petitione..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ladesh Biman Corporation Employees (Service) Regulations, 1979 (in short, the Regulations of 1979) and they would continue to receive salaries, allowances and other facilities of Biman as per their terms of engagement. Although the employees transferred to BFCC are entitled to all Biman facilities...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......the paternal grand-father of the appellant and respondent No.1 created a Waqf with respect to his properties by the Waqfnama dated 26th Bhadra, 1338 BS corresponding to September 12, 1931. One of the terms of the Waqfnama is to the effect that after death of the Waqif Omar Miah and his wife Zubeda B...... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d..Category: Trust/Waqf Law | Date: | Hits: 188
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......lation to his profession, trade or business shall have the right to enter upon any lawful profession or occupation to conduct any lawful trade or business”. 26. Article 42(1) is to the following terms: “42. (1) Subject to any restrictions imposed by law, every citizen shall have the right ......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......the petitioner has been performing his functions and discharging his duties as Nikah Registrar of the aforesaid five Unions with good reputation and the petitioner has not committed any breach of any terms of his appointment. The respondent No.3 without following rules, namely Muslim Marriage and Di......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ...... Dhaka. The suit was re-numbered as SCC suit No.24 of 1992. 3. The case of the landlord/landlady, in short, is that the defendant No.1, Nazrul Islam was a monthly tenant in the suit premises under terms and conditions laid down in the tenancy agreement dated 1-3-83; the terms and conditions in th...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
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