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Displaying 181-200 of 305 results.
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....acquisition and that of actual acquisition. [Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163, 42 DLR (AD) 99]. 41. During determination of the price in a case where the Government takes unnecessary longer time to publish the statutory notification resulting in an increase of the market......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ..Category: Property Law | Date: | Hits: 77
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....d been dilatory in the prosecution of the case or not before ordering the dismissal of the complaint. If the Legislature intended to deprive the Magistrate of the discretion of the matter then it was unnecessary to provide in the section that the complaint shall not be dismissed if the Magistrate th......y the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant fi..Category: Banking Law | Date: | Hits: 237
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....rial Courts the provisions of section 342 of the Code of Criminal Procedure are sometimes rendered nugatory necessitating remand of a case to the trial Court for removing the legal deficiency causing unnecessary hardship and prejudice to the accused as well as to the prosecution. In the case, howeve......cting petitioner Al-haj Nurul Alam Chowdhury under sections 447/323 of the Penal Code and sentencing him thereunder to pay a fine of Taka 400.00 and Taka 600.00 respectively, in default, to suffer SI for four months and convicting accused petitioner Md. Harun-Ur-Rashid Chowdhury under sections 447/3..Category: Criminal Law | Date: | Hits: 68
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....the prey of unscrupulous police officer and be harassed. Whatever authority is available in section 94 of Criminal Procedure Code should be used in guarded way to protect the banking institution from unnecessary harassment. 14. It is true that power to inspect document on permission is available......crecy and confidentiality of the accounts of various clients. The respondent No. 1 by its office Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over ..Category: Anti-Corruption Laws | Date: | Hits: 153
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....tter of joining of the respondent No.1 in the said office and he thus became vindictive against him and from 25-10-94 to 9-11-94 at the instance of the respondent No.1 the petitioner was subjected to unnecessary harassment and mental torture by the various employees of that office, particularly by t......, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and served in different capacities efficiently and honestly. The petitioner was appoint..Category: Employment/Service Law | Date: | Hits: 71
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... in this context means that the offending words should be of a nature or character proper or likely to obstruct or interfere in that manner. If that is what we are concerned with, then it seems to me unnecessary to launch into any elaborate examination of the patent or latent meaning of the offendin......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i..Category: Criminal Law | Date: | Hits: 163
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....pugned trial and the resultant order of conviction and sentence are of no legal consequence. The whole proceeding before the learned Special Judge has been reduced to an exercise in futility, causing unnecessary harassment to the accused appellants as well as to the prosecution. It is unfortunate th......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y..Category: Criminal Law | Date: | Hits: 43
....in hand defendants stated in their written statement that the property claimed by the plaintiff are quite different from the property claimed by them. In such a case local investigation is absolutely unnecessary.
16. Another aspect of the matter must not be overlooked. On a careful perusal of the......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party...
Category: Property Law | Date: | Hits: 68
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....strate for trial and, if so, take steps for submitting a charge-sheet under section 173. Section 173 provides, inter alia, that after completion of the investigation, the officer in charge without unnecessary delay shall forward in the prescribed form a report setting forth a. the names of the......2 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for one year..Category: Criminal Law | Date: | Hits: 44
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....s all the order of transfer were harassing, the executive committee of the Workers Union of Bangladesh Parjatan Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and harassment of the staffs and employees of the Corporation. 8. It was sta......009.) Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1 (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009..Category: Employment/Service Law | Date: | Hits: 95
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....7-23 are in possession of the suit premises as bharatia under the plaintiff-petitioners and the defendant opposite party has no right, title or interest in the suit land and that by impleading some unnecessary parties he has managed to obtain the said decrees and also the Advocate Commissioner's......Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— ..Category: Procedural Law | Date: | Hits: 80
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....suit land, both pucca and kuccha. This difference can easily be sorted out by evidence taken in Court. In the facts of the case, the prayer for local investigation in the case land is found riot only unnecessary but is also ill-conceived. 11. The learned Advocate for the petitioner has, referred ......‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs inst..Category: Property Law | Date: | Hits: 31
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....3, 205C, 265B and 265C of the Code. Relevant portions of sections 173 and sections 205C, 265B, 265C are reproduced below: 173. (1) Every investigation under this Chapter shall be completed without unnecessary delay, and as soon as it is completed, the officer-in-Charge of the police station shall......rocedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kahar Akand w..Category: Criminal Law | Date: | Hits: 45
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ison of the said documents in the trial Court; that the comparison of two disputed documents with one another would be of no use without comparison of the same with any admitted document but to cause unnecessary delay in disposing of the appeal and that the order dated 21-5-1998, the application dat......XLI, rule 27 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for dec..Category: Property Law | Date: | Hits: 32
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....iew to harass the petitioner. 12. He also submitted that after illegal detention of said stamps, the Customs Authority subjected the petitioner to baseless and merciless media bashing and unnecessary harassment both mental and physical and after completion of the transfer of the shares b...... 2004. Judgment Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule w..Category: Business or Commercial Law | Date: | Hits: 178
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ent suit for making the impugned Award as Rule of Court. 16. Mr. Bakhtear Hossain further submits that Court below committed error of law in rejecting the petition inasmuch as the same would cause unnecessary harassment and financial hardship to the petitioner and hence the error has resulted in,......impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Titl..Category: Civil Law | Date: | Hits: 77
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ld not play any role in reaching to any decision in the suit. Learned Assistant Judge also took the view that the suit is of 18 years old and the proceeding of the suit would be prolonged by allowing unnecessary application of plaintiff. 21. Feeling dissatisfied, plaintiff petitioner approached ......2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code of Civil Procedure is under challenge b..Category: Administrative Law | Date: | Hits: 236
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....conflict of decisions between two Courts deciding the same dispute between the same parties and where the disputes are pending in the same Court to avoid multiplicity of litigation and involvement of unnecessary financial hazard by the litigants. In both the suits before us so far as the allegations......an Khan Advocate, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908..Category: Civil Law | Date: | Hits: 88
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....idence by the parties. Last view recorded by the learned Judge was that the laying of the application for examination of the hand writing of the defendant by an expert appears to be a device to cause unnecessary harassment to the defendant. 5. Feeling aggrieved, the defendant petitioner approache......nder section 115 of the Code of Civil Procedure is an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dow..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....foresaid parties are not necessary party in the election petition and the prayers as stated above are redundant in the petition and he prays for amendment of the election petition by striking out the unnecessary parties and the prayers as noted above. Respondent No. 4 by filing a counter affidavit a......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ..Category: Election Law | Date: | Hits: 85
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