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Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......ision and the decision of this Court in the case of BSI Corporation Vs. Mahbub Hossain reported in 29 DLR (SC) 41 is still shining the path as the polestar to the adjudication of the issues regarding terms and conditions of employees of statutory bodies is misconceived and not applicable in the pres......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......objection, inter alia, contending that the petition is not maintainable since the respondent moved the petition without there being any decision by the higher administrative authority relating to the terms and conditions of his service. It was further asserted that his claim that he was till in serv......n J Shah Abu Nayeem Mominur Rahinan J Md. Muzammel Hossain J Surendra Kurnar Sinha J Government of Bangladesh represented by the Secretary, Ministry of Food, Bangladesh Sachibalaya, Dhaka and others.....................................Appellants Vs. A.B.M. Siddique Mia…………..Category: Administrative Law | Date: | Hits: 229
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......oner got right, title and interest in the suit property for permanent injunction against any threat by the defendant to oust the plaintiffs from the suit property and that the Mutwalli is to obey the terms, conditions and plan of the Waqif deed, Mutwalli did not obey the conditions of the deed the p......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......visions of section 386 of the Code of Criminal Procedure if the appellants do not pay the time within two months from date. 38. Before I part with the record, I would like to state in no uncertain terms that a sentence of fine imposed upon an accused is recoverable from him under the provisions o......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... perusal of the contents of the said deed, find the same as a deed of will. In the said deed it was clearly stated the balance of the property of late Alimuddin will be distributed among the heirs in terms of Mohammadan Law. 8. As it appears that the trial Court dismissed the suit on the ground t......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Moinuddin Ahmed alias Farook …………………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: ..Category: Property Law | Date: | Hits: 32
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......prentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person. (i) who is emp......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Iftikhar Rasool J Amir Hossain Bhuiya (Md)…………………Petitioner Vs. Harisul Haq Bhuiya and others………...Opposite-Parties Judgment May 24, 1999. Cases Referred To- Abu Ba..Category: Labour and Industrial Law | Date: | Hits: 99
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ...... petitioner upto age of 18 years from December, 1987 and Lipi Rani Das, youngest daughter, will get maintenance till her marriage and plaintiff opposite party the wife will get the maintenance as per terms and conditions laid down by the trial Court in the judgment and decree. Only with this modific......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......as provided in section 6(2), the said Artha Rin Adalat Act in this regard. But by the impugned order the said ex parte judgment and decree dated 16-3-93 was set aside on the ground that the Court, in terms of the provisions of section 151 CPC is competent to set aside the ex parte decree and accept ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref..Category: Civil Law | Date: | Hits: 93
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....d by any provisions of law. It is also now well settled that the above provisions are not exhaustive and a Court can even invoke the inherent power under section 151 of the Code to reject a plaint in extraordinary cases where relief sought for in the suit cannot be granted ultimately under section 4......d the plaintiff and on receipt of security deposit of Taka 4,03,391 with effect from that date. Under the stipulations of the contract, the lease was made renewable every five years. Pursuant to such terms, on 25-3-1992 the lease was renewed for second period of five years at resettled rate of rent ......l Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment January 28, 2002. Lawyers ..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......ially summary in nature. Deciding the application for preemption, the Court cannot go behind the intentions of the parties in executing the deed of the transfer. Furthermore, any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evidence Act. 7. Now,......4 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......lly permitted to represent his principal under Order 3 rule 2(a) of the Code of Civil Procedure. In the present case since I have found that the power-of-attorney in question has not been executed in terms of section 85 of the Evidence Act, the petitioner is not entitled to the benefit of Order 3 ru......hingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......ited 2/3rd share of the suit property. It was also found that the plaintiffs were entitled to buy up 1/3rd share of the suit property, which was earlier purchased by defendant opposite party No.1, in terms of section 4 of the Partition Act read with section 44 of the Transfer of Property Act. 7. ......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....y also failed to get the signatures. Then the plaintiffs by letter dated 8-10-1993 requested the Group-B shareholders to surrender their shares or wind up the companies but with no reply. Thereafter, extraordinary general meetings of both the Companies were held on 11-11-1993 wherein resolutions wer......he plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and in terms of the said resolution, Mr. Muhammad Iqbal who was the Chairman of the Board of Directors of t......Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......lection Commission against such order is not maintainable. In that judgment this Court held as under:- "In the case of AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68, this Court has in very clear terms laid down that in local government elections no step in the election process can be challenged......R (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate (Probir Ne..Category: Election Law | Date: | Hits: 127
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......not sustainable in law. 16. The power of review as visualised by section 114 is to traced to Order 47(1) of the Code of Civil Procedure, which contains the prescribed conditions and limitations in terms of the requirements of that section. A review is not available simply “in the interest of ju......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......(Annexure-D) of the Ministry of Land, wherein it was clearly mentioned that in case at the 4th schedule bid in respect of a fishery if not even though 25% higher than the lease amount of the previous terms the tender committee in consideration of the location and area of a particular fishery as well......2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......wn written statements. The same was not stated by nor was the case of the plaintiff in Title Suit No.45 of 1984 nor any issue was framed on it or any evidence was led by the plaintiff on the same. He terms the submission of the learned Advocate for the petitioner as thoroughly misconceived and incor......gment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. ..Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......property, or some part thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and conditions for such period as it thinks proper, to enable him to raise the amount.” 1......Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November ..Category: Civil Law | Date: | Hits: 76