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Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ed, inter alia, that the accused-petitioner had developed close relationship with the informant and on 01.08.2004 asked the informant for a loan of Tk. 20,00,000/- against which he would repay him an amount of Tk. 80,00,000/- after 1 years. The informant agreed with the proposal and, accordingly, ga..Category: Criminal Law | Date: | Hits: 108
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. ......opole Construction Company, and also the agreement dated 14.10.2004 executed between the Respondent Nos.2, 3 and 5 and the said Mujibur Rahman, and direct the Respondent Nos.2, 3 and 5 to repay the amounts received under the said agreements to the Respondent No.1 Company; (c) Appoint a new and ind..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......ciplinary actions of all classes of employees of the River Research Institute to its Director General. The Director General being subordinate in rank to the Board of Governors, in view of the settled principle as above, can not, as a designated Officer, exercise the power of appointing authority, na......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the possession of the accused Jahangir according to his showing. The said container contained some amount of corrosive substances in its bottom. He sent the said liquid to the chemical expert for exa..Category: Criminal Law | Date: | Hits: 103
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......5, rule 3 a decision in the case of Fazlur Rahman Vs. Rajab Ali and others reported in 30 DLR (SC) 30 may however be profitably looked into. In the said decision it has been observed: "The general principle is no doubt that the issues in a suit shall not be tried in part but should be disposed of......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......he plaintiff‑respondent deposited US dollar 60,00,000.00 in FC account No.017‑00206 at the principal office the said bank being share subscription paid by the Kingdom of Saudi Arabia and the said amount was placed in interest bearing Foreign Currency Time Deposit Accounts (otherwise known as pla..Category: Civil Law | Date: | Hits: 119
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. ......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. ......ional Board of Revenue, which was granted vide Memo No.নথি নং-(৩)(৩৮) শুল্ক-প্রঃসুবিধা/৯৩ (অংশ-১)/১৩৩ dated 12-5-2008. The customs duty amounting' to Taka 88,00,000 and odd together with the fine amount to Taka 50,000 totaling Taka 88,6..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. ...... 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. ...... 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercis......any of Saudi Arabia and export manpower in the name of Aroma International, a firm of the accused's wife, in that case he will be benefited financially and earns huge money and against each Visa cash amount will be provided. In the meantime a good relationship have been established between them. T..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ut held that the learned trial Court elaborately discussed all the issues and there is no illegality or error in law committed by the learned trial Court in decreeing the suit. 10. The established principle of law is that in a suit for declaration of title and for recovery of possession, the plai......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
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. ......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. ...... or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this 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..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. ......h it is used because the context often provides the key to the meaning of the word and the sense it carries. Lastly, In Doly Enterprise Vs. Additional District Judge, 59 DLR 37, reiterated the same principle stating: "It is also the settled Rule of construction that in arriving at the true mean......as it is. Thereafter he has submitted that since the words "in rural areas" have not been incorporated in section 5 of the Ordinance, it is not permissible to read the same in section 5, which will amount to legislation. 9. The learned Advocates for both the sides have cited several decisions o..Category: Property Law | Date: | Hits: 134
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. ......ed 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06......tant in the District Board is a permanent post and the post of Accountant, Works Programme is a temporary post. So, deputation to a permanent post with a higher maximum limit of salary is not tantamount to demotion. Moreover, deputation does not mean permanent disassociation with the original ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......1) of the Act provides that the provisions of the Code of Criminal Procedure shall in so far as they are not inconsistent with the Act apply to the proceedings of the Court of a Special Judge. So the principle of law enunciated in the case of Abdus Salam Master quoted above is applicable in this pro...... scope of obtaining sanction of the Commission by the investigating police officer. After investigation the police officer submitted charge sheet against two accused persons for defalcation of a huge amount of money of bank, one of whom made confessional statement implicating himself and some othe..Category: Criminal Law | Date: | Hits: 85
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. ......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. ......ndant No.12 started possessing the suit land exclusively through the plaintiff No.1 who being the Power of Attorney-holder is in actual possession. For development of the tea estate there needed huge amount of money and the defendant Nos.3-7 became unable to invest money and as such the defendant No..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. ......is a legitimate method of enforcing payment of a just debt. A creditor who is unable to obtain the payment of his debt has the right ex debito justitiae to a winding up order." 23. The aforesaid principle was cited with approval in the case of BSRS Vs. M/s Ashraf Jute Mills, reported in (1990) ......ng month stating the total sales figure for the month in question as well as the deductions made therefrom in respect of the commission and other related expenses and thereafter, credit the balance amount to the petitioner's account. 7. However, since November 2006, the company has refrained fr..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......ls as well'. This sort of Barges whether could be treated as vessel or ship meaning thereby a navigable devise have been in number of occasion considered in the common law jurisdiction. There are two principle lines of cases in that jurisdiction which consider different aspects of the question wheth......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f law, would not by itself attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case ......to a finding as a Court of law. Hence, if the finding arrived at was based on no evidence at all or on irrelevant facts and without following the procedure it would be an illegal finding and it would amount to an exercise of power with material irregularity making the proceeding coram non judice. ..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....o pay Taka 15,000.00 within the next 7 days, but the company failed to pay said amount. Thereafter the respondent No.1 not only failed to pay this amount of Taka 15,000.00 but also all the subsequent installments leaving the petitioner no option but to file this application for winding up. The respo......xchange between the parties and from the affidavit in opposition filed by respondent the respondent No.1 clearly admits its debt to the petitioner company to the extent of Taka 4,85,000.00, therefore principles laid down in aforementioned cases do not apply to the amount admitted by the respondent. ...... breach of the said agreement failed to account for and remit to the petitioner the monies received from sale of such tickets. By reason of the default of the respondent No.1 there was an outstanding amount of Taka 6,92,671.00.22 from the respondent No.1 to the petitioner as on 4‑4‑89 on the acc..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ....... Mr. Rafique‑ul Huq, the learned Counsel appearing on behalf of the appellant, submits that the order of suspension passed by the disciplinary Committee cannot be maintained, as it offends the principle of natural justice. He submits that the plaintiff was not given the legal and proper oppor...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..Category: Others | Date: | Hits: 154
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