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Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......e authority accepted the plaintiff’s quotation and he was further advised to deposit the tender amount by Bank Draft in favour of Jute Trading Corporation Ltd. Dhaka within 15 days according to the terms of the tender. 7. On 25.5.1981, the plaintiff forwarded a letter addressing the Secretary,......Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents Judgment March 9, 2011. Lawyers Involved: Abdul Wa..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......assed in Title Suit No.14 of 1986 to be declared illegal, void and not binding upon the plaintiff, but the learned Subordinate Judge did not pass any decree in that regard. There is no doubt that the terms of Rule 33 of Order 41 are very wide and in appropriate cases the appel­late Court has ample ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others........

Category: Procedural Law | Date: | Hits: 76

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......e for the adjustment of his liabilities. In response, the Petitioner by a letter dated 8.2.2007 categorically granted time to the borrower for adjustment of the aforesaid loan facilities upon certain terms and conditions without, however, and admittedly so, taking any consent from or informing the R...... Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another…………………........................Respondents Judgment May 20, 2010. ..

Category: Company Law | Date: | Hits: 203

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No...

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......e contended further that some other officers and staff of the BAKC whose service was regularized from the case project were considered for promo­tion according to the seniority list as pre­pared in terms of rule 5(1) of the Rules of 2005 and as such the decision taken in respect of these petitione......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Order March 6, 2011. Law..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......y Letter of Credit No KT/18/AGS/93/90 dated 12.2.90 on the basis of the aforesaid 3 SROs' dated 15th June, 1989 and, to release the said cargo of rerollable scrap and meltable (malting) scrap on such terms and conditions as this Court may decide and also to direct the respondents to refund the exces......al Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chitta­gong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Han..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......ostpone the commencement of, or adjourn any inquiry or trial, the court may, if it thinks fit, by order in writing, stating the reasons thereof from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the ac......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1..

Category: Criminal Law | Date: | Hits: 125

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......he petitioner has annexed the photo copy of the petition marked as Annexure‑G to the Writ Petition. The General Certificate Officer recorded the order that "there was no specific objection in clear terms against the claim of the Bank. Therefore the parties should be present before him on 11.12.88 ...... MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents Judgment December 2, 1992. Lawyers Involved: Abd..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......rd” has also been eloquently discussed by the Indian Supreme Court in the case of M/s. Thungabhadra Industries Ltd. Vs. The Government of Andra Pradesh reported in AIR 1964 SC 1372 in the following terms: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard ......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....If the trial Court fails to perform its duty in respect of framing of charge and charge is framed on insufficient or no material, the High Court Division in exercise of its revisional jurisdiction or extraordinary jurisdiction can investigate as to whether the charge is groundless. The learned Couns...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul..

Category: Criminal Law | Date: | Hits: 80

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......for speedily moving the same before the court. That was, however, not done until 16.9.90. 3. In the application the petitioner has offered an explanation for the delay of 857 days in the following terms: "That it is humbly submitted that the petitioner's case is being defeated not on merits b......in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......e provisions of the Act or these rules, misrepresentation of facts of any kind and moral turpitude. 13. Misconduct has been defined in the proviso to the Rule in which it is stated in no uncertain terms that misconduct means and includes misrepresentation of facts. From the reply to the notice fo......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......t No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments that in terms of Asian Development Bank loan No.329 Bangladesh Krishi Bank was entrusted to establish three ......e Jurisdiction) Present: Sheikh Abdul Awal M. Moazzam Husain Bangladesh Krishi Bank……........................................................Appellant Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents Judgment May 10, 2010. Lawyer..

Category: Civil Law | Date: | Hits: 217

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... the respondent No.5 which did not empower him to function in the capacity of a banker. In that memorandum, it was mentioned that the institution would render social service to the public at large in terms of section 5(a) of Bank Companies Act, 1991. The petitioner and others made fixed deposit of c...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009, the President through the Administrative Ministry appointed the respondent No.2 as the Chairman of the BERC under certain terms and conditions enumerated therein without adhering to the said proce­dure. However, as per se......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case..

Category: Employment/Service Law | Date: | Hits: 92

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......ion of employer who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinan...... Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J New Eastern Trading Corporation Limited……………….Petitioner Vs. Chairman, Third Labour Court, Dhaka and another………………..Respondents Judgment July 1, 1991. Cases Referred To- Jam..

Category: Labour and Industrial Law | Date: | Hits: 124

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......er. 7. The material observation and direction contained in the appellate judgment meant for guidance of the trial Court have already been quoted. Therein the trial Court is required in unambiguous terms to arrive at a firm decision as to whether Jagannath was alive at the time of filing of the Mi......1993) 369. ..

Category: Procedural Law | Date: | Hits: 77

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369....... relied on Regulation Nos. 12 and 13 thereof. 6. In reply Mr. Masbuque Hossain Ahmed, the learned Assistant Attorney‑General appearing for the respondent Nos. 1‑3, has contended that since the terms of the Managing Committee expired when the impugned order was passed, Regulation Nos. 12 and 1......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve..

Category: Employment/Service Law | Date: | Hits: 59

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......ings made in the plaint and further the Court erred in law in decreeing the suit beyond the scope of the prayer made in the plaint. 22. Let us now have a look to the rent receipts which Mr. JN Dev terms as documents of title filed in support of the plaintiffs claim to title. 23. Ext.1 is a ren......DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......very of actual possession, joint possession or symbolical possession. Form of warrant for delivery of possession finds place in Form No.11 of Appendix E. It is noteworthy that this warrant in general terms directs the bailiff to put the decree‑holder in possession of the property and to remove any......ase is also Reported in: 44 DLR (HCD) (1992) 63...

Category: Civil Law | Date: | Hits: 89