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Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......Prominent Textiles Limited and also became its Managing Director and Chairman. The said company borrowed Taka 20 lac from the Sonali Bank as Project Loan and working capital loan on mutually agreed terms and conditions pursuant to sanction letter dated 7-5-1996 and the said loan was to be repaid i......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Major Monjur Quader(Retd.) ………………..Petitioner Vs. Bangladesh Bank and others………………..Respondents Judgment May 21, 2006. Cases Referred To- M/s ..Category: Banking Law | Date: | Hits: 125
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... application for rectification, my view is that although the petitioner may be a person aggrieved in all practicalities, having stepped into the shoes of its predecessors-in-interest, in strict legal terms it does not have locus standi to file application, as the assignment in favour of the petition....... This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......liyat predicates a Patta. A Patta is granted by the Zaminder as a title deed to the tenant. The Kabuliyat, as its name implies, is a mere acknowledgment, an engagement by the tenant, to carry out the terms of the Patta." 11. Next, he submits that the schedule of the suit land is vague and indefin......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......bationary period the authority had the right to terminate any officer as per rule 6(a) of the said Rules. It has been further stated that the authority issued the impugned letters on the basis of the terms of appointment of the petitioners and their performances during their probationary period and ......eported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......er did not construct any infrastructure for the purpose of establishing the petrol pump; rather, he constructed some sheds made of corrugated iron sheets and rented those as shops in violation of the terms and conditions of the lease agreement. The petitioner lost the right for enjoying the property......urisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Syed Salahuddin Ahmed ……………………………..Petitioner Vs. Government of Bangladesh and others........Respondent Judgment February 28, 2007. Cases Referred To- ..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......cted persons and not that which has to be paid by the requiring body to the acquiring body". 12. This matter has been further reiterated by Justice Mustafa Kamal, in the same case in the following terms: "The Deputy Commissioner has to tender and pay compensation to "the persons interested" be...... Case is also Reported in: 59 DLR (2007) 383. ..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......y do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the People's Republic of Bangladesh, Rules were issued almost in identical terms calling upon the respondents to show cause as to why the impugned judgment and order dated 29-...... Mohammad Jahangir Alam, Advocates—For Respondent No. 2. (In all the Writ Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of f..Category: Labour and Industrial Law | Date: | Hits: 181
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......tantiated under stringent rules of proof and scrutiny. Of course, by virtue of Proviso 1 of section 92 of the Evidence Act, 1872 oral evidence may be admitted to contradict, vary or subtract from any terms of a contract or other disposition of property reduced to the form of a document, it is nevert......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh..Category: Property Law | Date: | Hits: 32
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......whom such act is done, or who is so represented, is called the 'principal'." 10. If an agent is thus employed by a business organisation to represent itself to its customer, upon the monetary terms of commission, obtainable from the quantum of sale proceed of any product of that business org......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c..Category: Criminal Law | Date: | Hits: 81
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ...... Police. On January 24, 2001, he reached the age of 57 years and went on LPR. Thereafter, the Government offered him to continue his service after his LPR from 25-2-2001. The petitioner agreed to the terms and conditions of Contractual Service, then, on 11-3-2001 a contract was signed between the Mi......M Khairul Haque J SM Ziaul Karim J AKM Shamsuddin…………………………………………………………………………..Petitioner Vs. Secretary, Ministry of Establishment and others………………………..Respondents Judgment April 26, 2007. Cases Referred ..Category: Employment/Service Law | Date: | Hits: 76
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......on at the rate of 10% till the amount is paid or offered for payment.
13. The learned member of the Appellate Tribunal also maintained the said impugned judgment and the High Court Division in its terms had discharged the Rule with cost which is assessed at Taka 5,000 in each petition with the ob...... BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...
Category: Property Law | Date: | Hits: 37
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... by the Court of Settlement. The High Court Division was not a Court of Appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted w......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ..Category: Property Law | Date: | Hits: 30
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ions respectively to give effect to the provisions of the said Presidential Order. It is admitted that no rules or regulations have been framed by the Government or the Corporation to determine the terms and conditions of service including the disciplinary proceedings against the officers and ot......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......and another sum of Taka 2,70,000.00 as working capital to the defendant No.1 vide their sanction letter dated 31-1-1984, Exhibit 1. The defendant No. 2 accepted the sanction letter containing various terms and conditions by signing the same and took the loan placing his and his wife’s (defendant N......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......so this lease has been void. 19. Mr. Anisul Hoque, the learned Senior Counsel appearing on behalf of the respondent No.2 has made some submission to the effect that the petitioner has violated the terms and conditions of the lease deed, but since in the impugned notices-the Annexure-C series no s......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......posited in joint Escrow Account. The buyer and seller had previously agreed that the Agent for the vessel at Chittagong would be Simni Shipping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as re......u till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......urement of the land in dispute on 20.02.1981. Thereafter, the award was written and registered on 04.05.1981. Both the parties accepted that award but ultimately the defendant refused to abide by the terms of the award and as such, the suit. 3. The defendant No.1 contested the suit by filing writ......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To..Category: Property Law | Date: | Hits: 30
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......e Bank authority petitioner and the appointment letter dated 12.3.73 was marked Ext.1 of the Labour Court. The learned Advocate urged. that appointment was made on purely temporary basis on expressed terms and conditions that he would be paid consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00......
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ty No. 2 under section 151 of the Code of Civil Procedure. Eventually the learned Assistant Judge after hearing the parties by the impugned order accepted the Commissioner’s report in the following terms: “আদেশ হইল যে, ১৮-৮-৯৬ ইং তারিখের সার......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo..Category: Property Law | Date: | Hits: 32
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......re-B. 3. Respondent No. 6 on the instruction of DSE deposited 61,580 shares of the petitioner with the clearing house of the DSE on 4-1-2000 which was duly received by it (DSE) on the same day. In terms of Regulations 7 and 8 of the Settlement of Stock Exchange Transactions Regulations, 1998 the ......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve..Category: Business or Commercial Law | Date: | Hits: 210
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