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Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....vealed that the plaintiff’s account did not have sufficient fund to honour the same. The said two cheques bore no appearance of forgery in any way. The money was paid against those two cheques with complete honesty and diligence without any negligence. They had taken all necessary steps to bring t......s also Reported in: 55 DLR (HCD) (2003) 624. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 130
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......on
(Original Civil Jurisdiction)
Present:
Zubayer Rahman Chowdhury J
Consumer Testing Laboratories Limited………………………Petitioner
Vs.
Registrar, Joint Stock Companies, and Firms………………………Respondents
Judgment
January 7, 2010.
Result:
The ...... up proceeding altogether, if it deems fit to do so. Mr. Ahmed submits that in view of the Special Resolution adopted by the shareholders, as evidenced by Annexure F referred to above, it is just and proper that the winding up proceeding be stayed altogether.
6. Mr. AKM Badrudduza, who was appoin......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....f necessary parties in their written objection the onus was on the preemptor‑opposite parties to rectify defect of parties by impleading all the necessary parties before the trial for effective and complete adjudication of the claim of pre‑emption. Learned Advocate referred to the case of Abdus ......eported in:49 DLR (HCD) (1997) 414. ...... DLR (AD) 113. In this case Appellate Division has held that if the preemptor is a co‑sharer tenant he is required to implead all the remaining co‑sharer tenants in the holding in the interest of proper and complete adjudication in accordance with law. It is also held that if the pre‑emptee or......ry parties in their written objection the onus was on the preemptor‑opposite parties to rectify defect of parties by impleading all the necessary parties before the trial for effective and complete adjudication of the claim of pre‑emption. Learned Advocate referred to the case of Abdus Samad &am..Category: Property Law | Date: | Hits: 155
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......………………..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD.......15 did not state to him that his mother requested Zakaria not to go to the eastern side of their house to attend natural call. He denied the defence suggestion that he did not investigate the case properly. 41. P.W.29 Shamol Chowdhury, the concluding Investigation Officer and the last witness,......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Judgment...... dispossessed by the defendants. The disputed house is situated at Mohammadpur, Dhaka, wherefrom the petitioner was threatened to be evicted by police force on the allegation that it was an abandoned property and hence the suit was filed which was dismissed by the trial Court on 29‑1‑92. Trial C......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....ression occurs. It is not desirable nor permissible to pick out a word or sentence from a Judgment of Superior Court divorced from the context of the question under consideration and treat it to be a complete law declared by Court. 16. In the backdrop of resume of facts, evidences, materials on r......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......t of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading Kiron Purification and others as Defendants. Sui......Title Suit to its file and number on allowing Miscellaneous Case laid under Order IX, Rule 13 of The Code of Civil Procedure (For short The Code) is well grounded and well founded, and II. Whether adjudication rendered by Courts below warrants any interference by this Court in exercise of Revisio..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. ......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......y or Secretary" in the Ministry of Law and or in any other Ministry is violative of the provisions of the Constitution and against the judgment passed in Masder Hossain's case and that it will not be proper to rely on the observations made in the Judgment and order passed in Writ Petition No.11736 o......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. ..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. ......(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......e Act where the word 'worker' was used instead of officer. 12. We have considered all the Writ Petitions and their Annexures. Since the question of termination from service is involved it would be proper to quote section 19 of the Act as under: "Section 19. Termination of employment: For termi......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. ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Md. Abdur Rouf……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment August 7, 2005. Result: The Rule is ......intimate the compliance but without any result. The petitioner was promoted to the post of Deputy Manager, Seed Distribution Division, BADC, Dhaka, which is in Executive Grade. The petitioner through proper channel submitted representations praying for seniority with promotion to the Chairman and th......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....o the suit on either of two grounds. (i) he ought to have been joined as plaintiff or a defendant, and is not so joined; or ii) without his presence, the question involved in the suit cannot be completely decided. 16. The object underlying this provision is to bring before the Court, at the......municate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......a written statement at a late stage on 28.08.2001 and the learned Court was pleased to accept it and her case, in short, is that Ali Mohamad also had 4 daughters who inherited share in Ali Mohammad's property and gave a list of their heirs; that the plaintiffs' case is of only 4 sons and no daughter......disputes so that all the disputes may be finally determined at the same time in presence of all the parties without the delay, inconvenience and expense of several actions and trials and inconclusive adjudication. This provision thus, confers wide discretion on the Court to meet with every case of d..Category: Property Law | Date: | Hits: 85
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......low at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......ature of the accused in the absence of any positive evidence. In this view of the matter I hold that the learned trial Court was not justified in convicting the accused appellant in this case without proper examination and comparison of the disputed signature on the back of the cheque in question by......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.1 as well as circumstantial evidence to convict the appellant giving a complete go by to the contradictory evidence of P.Ws. 3. Prosecution case is that, on 12‑6‑96......y‑General ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhir...... case we have already noticed the charge framed by the Court below which is not in conformity with the prosecution case. In this respect we like to point out that in a criminal case framing of charge properly is very important. It is the function of the conducting lawyer like the Assistant Public Pr......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....menable to interference by any Court or authority, the aim of the Adalat Act was to create departures from the Code of Civil Procedure. Section 7, it may be said, was meant to be an exception to this complete ouster of interference. An exception has been made in respect of a judgment and decree in s......orted in: 50 DLR (HCD) (1998) 623. ...... the reported decision referred to hereinabove by Mr. M Moniruzzaman Khan. So far the case of Sonali Bank Vs. Ali Tannery is concerned we do not find that the case of Sultana Jute Mills Ltd. has been properly placed. 23. Mr. Mahmudul Islam, the learned Advocate appearing on behalf of the petition......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....gs avoided. Therefore, amendment of pleadings can be be considered if the proposed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradi......rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......e proceedings avoided. Therefore, amendment of pleadings can be be considered if the proposed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and n......d. Therefore, amendment of pleadings can be be considered if the proposed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of ..Category: Procedural Law | Date: | Hits: 114
....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.
......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:
......ng in the present case but the Court of District Judge, Dhaka having failed to appreciate this simple legal aspect of the case and thereby seriously erred in law in passing the impugned order without properly his judicial mind into the facts and circumstance of the case and law bearing on the subjec......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.
..
Category: Civil Law | Date: | Hits: 178
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ...... Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......veniently be presented tersely. 4. Petitioners-as Plaintiffs instituted a Suit being Title Suit No.278 of 1998 in the Sixth Court of Assistant Judge, Dhaka for declaration of title on .34 acres of property described in schedule to plaint. Averments made in plaint are that Panchananda was owner of......ith Md. Alamgir Hossain, Advocates - For Opposite Parties. Civil Revision No.1230 of 2006. Judgment AK Badrul Huq J.- Decisions recorded by learned Appellate Judge in a Title Appeal by which adjudication rendered by learned Trial Judge in a Title Suit had been overturned stand out to be sub..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......nce. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ...... (1) Whether the suit is maintainable in its present form? (2) Whether the suit is barred by limitation? (3) Whether the suit is bad for defect of parties? (4) Whether the suit is valued properly and Court fees are correct? (5) Whether the plaintiffs have right, title and possession ...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......gment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rang......sking him to show cause as to why he should not be dismissed from service and file a written objection on or before 17-10-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, with......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
.... in a suit for partition. Appointment of receiver in joint property of a family or co-sharers as of routine has never met the approval of the superior Courts. Long line of decisions are there showing complete disapproval to appointment of receiver in such cases merely because of dispute over the p...... This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......t Nos.1-4, arises out of a judgment and order dated 23-4-2009 passed by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in s......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. ..Category: Civil Law | Date: | Hits: 126
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....d excellent performance for the last 8 years as per the ACR and he was recommended for promotion at least four times in the ACR by his superior officers. His further grievance is that he successfully completed several training programs at home and abroad and he had reached maximum ceiling of his pay......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......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. ...... of desperation” as observed by the Appellate Division in Mujibur Rahman’s case petitioner has alleged violation of fundamental rights to come before this Court for speedy relief avoiding lengthy adjudication by the Administrative Tribunal. 17. Learned Advocate for the petitioner could not sh..Category: Employment/Service Law | Date: | Hits: 194
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