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Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

.... so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ......m service but along with the above notice the copy of the inquiry report was not sent; the petitioner received the above second show cause notice only on 2.6.1996 i.e. one day after the expiry of the time allowed in the above notice for showing cause; then on 2.6.1996, i.e. that very day, the respon......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ..

Category: Labour and Industrial Law | Date: | Hits: 832

M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)

.... petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......as been passed in an appeal, preferred from an order of the Waqf Administrator, Dhaka under Section 47 of the Waqf Ordinance. The Order contained an order for handing over the office within specified time and the memo of appeal was rejected by the Court of appeal for non-compliance of the order as b......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..

Category: Trust/Waqf Law | Date: | Hits: 117

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

....ab) Full Bench 25; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Central Exchange Bank Ltd. Vs. Ch. Dilwar Khan and others; King Vs. Chandra N Dharma. Lawyers Involved: Hasan Foez Siddique, Advocate ‑ For the petitioner. Idrisur Rahman with Tania Amir, Advocates ‑ For the Opposite Party ......at he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules, 1983. 4. The petitioner and the oppo......s unless there is some good reason of they should not be. Thus the provision of section 128 of the Common Law Procedure Act 1852, that the plaintiff might issue execution within six years from the recovery of a Judgment without revival of the Judgment, was held to apply to a Judgment which had be...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...

Category: Election Law | Date: | Hits: 301

Chief Engineer Roads & Highways Department Vs. Concord Engineers & Construction Ltd., 1996, 25 CLC (HCD)

....l fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243....... proceedings conducted by Mr. Justice Sultan Hossain Khan. In this view of the matter, the award of the arbitrator dated 21‑9‑91 is not an award contemplated under the Arbitration Act. In the meantime the arbitrator filed an award under section 14 of the Arbitration Act on the basis of which Arb......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243...

Category: Alternative Dispute Resolution | Date: | Hits: 263

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....er rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......has no alternative but to wait for the decision on question of title in the suit premises to be determined in the present suit which is already fixed for hearing and may be disposed of within a short time. We therefore find no justification in disturbing or interfering with the impugned order of inj...... suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion of the trial found that the defendan......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

....ukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... the evidence of the P.Ws. we agree with the findings of the learned Tribunal Judge that a group of persons led by appellant No.1 Bazlu kidnapped Mahinur for marrying her forcibly on the date, at the time and in the manner as alleged by the prosecution. That Mahinur was then about aged about 15 year......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....gment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......nspires that die accused‑appellant was a store‑keeper of the Sub‑Unit from 13‑8‑71 to 18‑11‑80 that is, for more than 3 years. So, apparently, the requirements of section 222 so far the time of the alleged offence is concerned have not been complied with. Moreover, the learned Advocate......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....f Customs, Customs House, Chittagong and others.............Respondents Judgment   June 20, 1996. Result: The Rule is discharged. Cases Referred to- AI‑Samraz Enterprise Vs. Federation of Pakistan, 1986 SCMR 1917; Collector of Customs Vs. A. Hannan, 42 DLR (AD) 167; Abul Kashem ......bill of entry on 26‑7‑93 with all necessary shipping documents through his C & F agent for taking delivery of the consigment after payment of the customs duty at the rate of 15% prevailing at the time of opening LC. Thereafter customs authority assessed customs duty at the rate of 45% ad valorem......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

.... needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......18,00,000/- the defendant respondent placed and moved another loan proposal for Taka 25,00,000/- (cash credit Hypo) on 06.04.1994 which was approved by a sanction letter dated 11.05.94 with an expiry time limit on 30.04.1995 and thereafter before expiry of said such credit (Hypo) the defendant respo...... 2. The appellant as plaintiff filed Money Suit No.122 of 2002 before the learned Sub-Ordinate Judge (Now Joint District Judge) Artha Rin Adalat, Bogra against the defendant respondent praying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till r......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..

Category: Civil Law | Date: | Hits: 117

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

....Referred to- British Airways plc. Vs. Bangladesh Air Services Pvt. Ltd., 48 DLR (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others......he engineer of the petitioners Sylhet office, visited the site on 21.1.97. The petitioner, at that stage, minded to fill in those holes, but the filling in process accounted for an enormous length of time. Consequently the opposite party had to remain in the site for a period of twelve months, where......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. ......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. ..

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

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

....rged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......e Government and he is in the service of the Government. 9. Although in the affidavit-in-opposition respondent No.1 has turned the petitioner as busybody but this point has not been pressed at the time of hearing by the learned advocate for the respondents and therefore there is no dispute that t......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 228

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

.... 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.......spite his submission of the Form A, supply of all necessary information required by the respondent and payment of license fee, the petitioner's license was not renewed. The petitioner has in the mean time continued with the business per Rule 6(2) of Saw Mills License Rules, 1998 whereby an applicant......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.......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...

Category: Others | Date: | Hits: 127

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

.... This Case is also Reported in: 55 DLR (HCD) (2003) 578.......h the parties agreed and referred the dispute to an umpire for final adjudication. The umpire made the award on 15-10-1996. 4. Pursuant to the notice, the defendant appeared on 25-10-1996 and took time to file written statement and ultimately on 20-3-2002 filed a written objection to the acceptan......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.......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...

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

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

....nts 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: ...... action; hence the writ petition. 12. In the writ petition, it was further contended by way of submission that the order of termination of the petitioner was mala fide as the same was passed at a time when he was availing the leave granted by the Corporation from 17.03.2006 to 23.03.2006 which, ...... 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: ...... 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: ..

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

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

....nly 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. ......es which are: (a) where it does not disclose a cause of action; (b) where the relief claimed is under, valued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, bu......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. ......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. ..

Category: Procedural Law | Date: | Hits: 84

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

.... 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. ......years allowed under Section 28(4) of the Artha Rin Adalat Ain, 2003 has expired. The petitioner bank resisted the application submitting that the suit was decreed in the year 1991 and at the relevant time, under Section 48 of the Code of Civil Procedure an Execution Case can be filed within 12 years......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. ......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. ..

Category: Limitation Law | Date: | Hits: 140

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

....s Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others, 46 DLR 93; Almas Khatun Vs. (Esahab) Mia, 8 DLR 82; Halimunnesa Vs., Hemendra Kumar Roy Chowdhury and others, 12 DLR 44......din Rahi Vs. Lilbati Das 32 DLR 75 a Division Bench of the High Court Division held: "The plaintiff may ask for relief under section 42. Specific Relief Act provided that the plaintiff must at the time of the suit be entitled to any legal character or to any right to any property. Section 42 must...... 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. ...... 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. ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....l and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......fe, the petitioner, that he was not a British citizen and being instructed by him she applied to the immigration authorities for leave for him, to remain in Britain by reason of the marriage. At that time respondent No.1 owned 1/3 (one third) share of a restaurant and also worked as a waiter in that......detenu children. The petitioner being a British citizen in a desperate attempt to recover the detenu children then travelled to England to seek legal assistance and being advised she filed a suit for recovery of the detenu children in the High Court of Justice (Family Division). The High Court of Ju......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....y be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......e is likely to be seriously prejudiced in his defence. Section 225 CrPC has given a discount on omission to state in precise manner the particulars has to be stated including the name of the offence, time and place and all other details with the provision that such error or omission will not vitiate......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...

Category: Criminal Law | Date: | Hits: 144

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

.... 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. ......le to be rejected. 5. The plaintiff also filed an application under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure for amendment of the plaint stating inter alia, that at the time of drafting the plaint, the nomenclature of the suit and names of the parties in the cause titl......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. ......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. ..

Category: Procedural Law | Date: | Hits: 133