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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....y the re-sched­uled installments to avail himself of the exemption of interest. Then, he was requested to pay the install­ments due to letter dated 12-6-2000, 27-8-2000 and 28-5-2000. Thereafter, a legal notice was served on him for payment. Final notice was also served upon the appellant charging......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

...., Fourth Court, Dhaka for disposal. The learned Subordinate Judge allowed the said appeal by his judgment and decree dated 26.7.90 and decreed the Title Suit No. 50 of 1984 in favour of the heirs and legal representatives of the appellant who died during the pendency of the appeal. The heirs and leg...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....tion 43 of the Arbitration Act, 2001 the learned Arbitrators exceeded the jurisdic­tion and thereby acted beyond the scope of the sub­mission to arbitration. Therefore, the award in ques­tion is illegal and same is liable to be set aside. He lastly submitted that the instant award is against the ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......ve boundary dispute between them and over the same one civil suit and three criminal, cases are pending in the Court in Brahmanbaria. He further submitted that complainant having misused his official status to harass the petitioners they were compelled to file an application before the Hon'ble Chief..

Category: Criminal Law | Date: | Hits: 75

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....nding disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal notice upon the present petitioner stating, inter alia, that they are the registered proprieto......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....dvocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by the learned Additional D......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ng the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsorily retiring the plaintiff-petitioner from service is illegal, and not binding upon the petitioner, stating, in short, that the petitioner passed the Matric......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..

Category: Employment/Service Law | Date: | Hits: 158

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....titled to get from the petitioner an amount of Taka 1,000.00 per month as maintenance commensurate with the status and means of the petitioner. We further hold that the learned District Judge acted illegally in reducing the amount abruptly without assigning any reason whatsoever. 7. Now we addres......n aid of our personal knowledge. We therefore, hold, that each of the opposite parties is entitled to get from the petitioner an amount of Taka 1,000.00 per month as maintenance commensurate with the status and means of the petitioner. We further hold that the learned District Judge acted illegally ..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....or they filed any hajira. It is further stated that although they are not attending the Parliament session from 1.3.94 and are abstaining without leave or authority from the Parliament yet they are illegally drawing salary, allowances, car facility, telephone facility and other facilities as allowed......ion, right and obligation cannot in the true sense of the term, be called a dejure member of Parliament. In the premises we think that it is open to attack in a collateral proceeding to challenge the status of a member having colourable title to his office without public acquiescence and his abstent..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of the Department of Political Sc...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....record there is no misappropriation by the appellant with dishonest intention. The learned trial Court having not considered the material evidence on record in their proper perspective committed an illegality in convicting the appellant under section 409 of the Penal Code read with section 5(2) of t......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..

Category: Criminal Law | Date: | Hits: 99

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....tested the suit by filing any written statement, he was not competent to file the appeal challenging the judgment and decree of the trial Court. Hence, the appellate Court below has committed gross illegality in entertaining and allowing the said appeal. The learned Advocate submits that since Ordin......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....m them. 7. As such, the aggrieved work-charged employees filed 4 (four) Writ Petitions, namely, WP No.4040 of 2007, WP No.7081 of 2007, WP No. 7963 of 2007 and WP No. 8880 of 2007, challenging the legality of the decision of the Scrutiny Committee in its meeting held on 19-2-2007. 8. In due ......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....spect of the market, the taking over of the cattle market within the peri­phery of Ailchara Bazar by the Upazila Pari­shad in 1984 and leasing out the same in open auction could not be said to be illegal; in the plaint the plaintiff having claimed that he was entitled to recover the value of the l......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..

Category: Property Law | Date: | Hits: 105

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....Huq was the son of Hakimunnessa. Belayet Hussain was son of Rahatunnessa and Rafique was son of Belayat Hussain and Ataul Huq was the son of Abdul Bari who was son of Md. Wali. Thus Ataul Huq was the legal heir of Sirajul Huq and by purchase from him the plaintiff became the owner of the disputed la......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...

Category: Property Law | Date: | Hits: 103

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

....es as well as by the extra judicial confession and inculpatory confessional statement made by the condemned prisoner which was true and voluntary. The learned Judge of the trial Court on the basis of legal evidence rightly and legally passed the judgment and order convicting the condemned prisoner u......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..

Category: Criminal Law | Date: | Hits: 118

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company held by respondent No....... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...

Category: Business or Commercial Law | Date: | Hits: 237

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....no infirmities in the evidence of a young boy, it is desirable to seek corroboration of his evidence in view of his tender age." 14. From the above decision it is abundantly clear that there is no legal bar in the admissibility of evidence of P.W.2 Akter Hossain who is aged about 11 years though ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....t the seized guns along with other concerned articles for ballistic examination and obtained the report. He stated that the accused persons on the alleged date of occurrence and at the alleged time illegally trespassed into the property in question (commonly known as Shyamahar Dighi) belonging to th...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

....2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not binding upon them. Subsequently, the Suit was transferred to the 2nd Court of Mu...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Procedural Law | Date: | Hits: 87