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Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......served in Md. Akbar Vs. Md. Aslam, (22 DLR 146 SC) The Arbitration Act applies only when an agreement to refer the disputes the parties to one or more arbitrators for decision is executed. 15. The Rule that an arbitration clause is invariably dependent on the unanimity of the parties, necessary l..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......e Commission is a public officer, holding post of emolument in the service of the Sovereign Republic and the President under authority of Sub-Article (6) of Article 55 of the Constitution amended the Rules of Business, 1996 vide S.R.O. No.322-Ain/04-Ca, Divn-4(5)/2003 Misc. dated 24.11.2004 in the f..

Category: Constitutional Law | Date: | Hits: 228

Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)

....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256....... section 115(1) of the Code of Civil Procedure being No.540 of 2000 against the aforesaid judgment and decree before the High Court Division. The High Court Division upon hearing the parties made the Rule absolute and set aside the judgment and decree passed by the learned Subordinate Judge in Title..

Category: Civil Law | Date: | Hits: 118

Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)

....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......mmad Fazlul Karim J. - This petitioner seeks leave to appeal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 discharging the Rule. 2. The fact of the writ petition in short are that the petitioner was issued with a license..

Category: Others | Date: | Hits: 127

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

....order as to cost. Order of stay granted in the Rule on 10-­9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......volved: M A Samad with MGH Ruhullah and Ashraful Kamal, Advocates—For the Appellant. M Enayetur Rahim, Advocate—For the Respondents. Appeal from Original Decree No.255 of 2002 with Civil Rule No. 259(F) of 2002. Judgment Md. Abdur Rashid J.- The above appeal was presented by the d..

Category: Alternative Dispute Resolution | Date: | Hits: 190

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed without lawful authority and is of no legal effect. 5. The Rule was contested by the writ-respondent-appellants by filing affidavit-in-opposition contending, i..

Category: Employment/Service Law | Date: | Hits: 156

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......ithin a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint merits rejection when it stands barred by law on the doctrine ..

Category: Procedural Law | Date: | Hits: 84

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......tatus, they cannot be denied and/or deprived of their right or entitlement of benefits and status as per Jail Code. In arriving at such conclusion the High Court Division has taken into consideration Rule 910 of the Bengal Jail Code. Under this rule, under-trial prisoners are classified into two ..

Category: Criminal Law | Date: | Hits: 95

Bangladesh Livestock Research Institute Vs. Dr. Md. Jahangir Alam Khan and another, 2012, 41 CLC (AD)

....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ..

Category: Employment/Service Law | Date: | Hits: 251

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition arises out of the judgment and order dated 12.08.2008 passed in Writ Petition No.6136 of 2007 by the High Court Division making the Rule absolute. 2. The writ petitioner filed challenging the order No.4 dated 02.10.2003 and the o..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......wdhury J Ishaque Mia (Md.) & another...................Petitioners Vs. Abdul Mazid Mollah & others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Muma..

Category: Civil Law | Date: | Hits: 130

Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)

....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......e Trade Mark as described in schedule-B which is identical with the Trade of the plaintiff as described in schedule-A ". 3. The defendant filed an application for rejection of plaint under Order 7 Rule 11 read with section 151 of the Code of Civil Procedure, 1908, stating, inter alia, that in the..

Category: Procedural Law | Date: | Hits: 133

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 making the Rule absolute setting aside the judgment and decree dated 13.04.1996 of the Subordinate Judge, 1st C..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..

Category: Property Law | Date: | Hits: 113

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April 27, 1982. Result: The Rules are made absolute. Cases Referred to- Kumar Gokul Chandra Das Vs. Haji Mohammad Din, 42 ..

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..

Category: Property Law | Date: | Hits: 146

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99....... of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.3554 of 2009 disposing of the Rule. 2. The present petitioner as writ petitioner filed an application under Article 102 of the ..

Category: Election Law | Date: | Hits: 296

Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direction to initiate criminal proceeding against the petitioner and othe..

Category: Criminal Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......re is a gross illegality for not registering the petition filed by the appellant under Order XXI rule 90 of the Code of Civil Procedure as Miscellaneous Judicial Case as per rule 774 (8) of the Civil Rules and Order and thus, the impugned order complained of is not sustainable in law. But the High C..

Category: Others | Date: | Hits: 140

Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)

....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......pre-emptors had earlier knowledge of the transfer in question but they failed to discharge that onus. 6. The High Court Division upheld the judgment of the lower appellate Court and discharged the Rule holding that since the appellate Court, the final Court of facts, after assessing the evidence ..

Category: Property Law | Date: | Hits: 84