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Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....hmed with A.F.M. Mesbahuddin - For the opposite party. Civil Revision No.742 of 1987. Judgment Latifur Rahman J.- In this Rule the defendant judgment-debtor has challenged order Nos.9 and 10 dated 3.6.87 and 17.6.87 respectively passed by the Subordinate Judge and Commercial Court No.1, Dha......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..

Category: Procedural Law | Date: | Hits: 74

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the S......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....sit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the postal authorities as undelivered. ......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....ion No. 471 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No......9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 166

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in Miscel...... 1972 which runs thus‑ "22. Revocation/suspension of licence.- (1) The Licensing Authority may at any time for reasons to be recorded in writing revoke or suspend a licence granted by it for any breach of these rules or of the conditions of the licence. (2) Omitted. (3) A copy of any orde..

Category: Property Law | Date: | Hits: 62

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....as issued at the instance of accused‑petitioner Basiran Bewa on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 26‑2‑2003 passed by the Sessions Judge, Tangail in Sessions Case No. 32 of 2003 directing ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..

Category: Criminal Law | Date: | Hits: 81

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

....ul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at Comil......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...

Category: Procedural Law | Date: | Hits: 67

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....itioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some omissions in the judgment ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....as been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Miscellan......s an extremely harsh and highly discretionary order passed at the discretion of the Court to restore a situation existing on the date of filing of the suit or occurred after filing of the suit and in breach of any order of the Court. Such order cannot be passed to restore or bring back a situation w..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....umayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 199......t in a case is falling under section 70 the person doing something for another or delivering, something to another cannot sue for the specific performance of the contract nor ask for damages for tile breach of the contract, for the simple reason that there is no contract between him and the other pe..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....inda Kumar Roy, Assistant Attorney General - For the petitioner. Mr. Md. Mahbub Ali, Advocate - For the opposite party Nos.1-5. Civil Revision No. 4331 of 2003. (From the judgment and decree dated 3.2.2003 passed by the Additional District Judges, erd Court, Sylhet in Title Appeal No.332 of......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

.... − For the petitioner. Mr. Yusuf HossainHumayun, Advocate, with Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..

Category: Family Law | Date: | Hits: 171

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....n Bashar and Jobaiyada Golshan Ara ‑ For Respondent Nos. 1 to 6. First Appeal No. 108 of 1999. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, wh......ffs bank misappropriated 4380 MT of scraps the decree for price of such missing 4380 MT scraps cannot be sustained in law. 44. Similarly, the plaintiffs failed to prove that the bank committed any breach of the contract. In the absence of any evidence for breach of contract, the claim of the plai..

Category: Civil Law | Date: | Hits: 92

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was a......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..

Category: Property Law | Date: | Hits: 67

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....­â€”For the Respondents. First Miscellaneous Appeal No.304 of 2004 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 200......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....espondent No.3. 3. It is stated that at a tip‑off on 22‑6‑04, the petitioner found through search by an Advocate that as per annual summary of share capital and list of shareholder-directors dated 31‑12‑99 that on 18‑11‑99 said Abdul Hamid Chowdhury transferred 15,000 shares to Reha......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....03. Judgment SK Sinha J.- This Rule at the instance of the petitioner Md. Rafiqul Alam is for quashing the proceedings in GR Case No.399 of 2003 arising out of Gulshan Police Station Case No.26 dated 10‑3-­2003 pending in the Court of Mr. Md. Shamsul Alain, Metropolitan Magistrate, Dhaka. ......regard. The learned Magistrate, in the premises, has framed charge in contravention of section 233 of the Code. Sub‑section (2) of section 222 provides that when an accused is charged with criminal breach of trust or dishonest misap­propriation of money, a gross amount in respect of which the off..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....ter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon t...... Common Law. English Contract Law as we know it today, developed around a form of action known as the action of assumpsit which came into prominence in the early sixteenth century as a remedy for the breach of informal agreements reached by word of mouth, i.e., by 'parol'. The early Common Law was l..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

.... refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑2002 issued by respondent No.2 (ii) Memo dated 21‑11‑2002 issued by respondent No......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99