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....ople are of great public importance and consequently. This petition should be treated as public interest litigation.
3. On 26-7-2008, an earthquake of moderate magnitude occurred in different parts of Bangladesh and as result, 15 students of different halls of Dhaka University came out of th...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....ts that they did not produce any document and adduced any witness before the Court as at the relevant time and situation was difficult and also defendants were threatened with dire consequence by the party from appearing in Court and to depose. Learned Advocate refers some orders of the learned Join......No.1 due to financial problem, failed to pay installments to RAJUK, as such, some dispute arose between RAJUK and defendant No.1 and defendant No.1 requested the plaintiffs to take responsibility for payment of the entire installments to which the predecessor of the plaintiffs agreed and plaintiffs ......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......75 as on 30‑6‑01 by selling the mortgaged property impleading the petitioners as defendant in the suit asserting, inter alia, that Messrs Delwar Pictures Ltd, an unit of defendant No. 1, obtained loan from the plaintiff bank by mortgaging the properties and also hypothecating of all machineries ..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....nance against which Miscellaneous Case was filed before the District Judge. 6. Section 50 of the Waqf Ordinance runs as follows: Decision if a Property is Waqf Property.- Any question whether a particular property is Waqf property or not shall be decided by the Administrator: Provided that ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
....ed 31‑3‑1998 rejected the plea of the petitioner as to the question of jurisdiction and proceeded with the case fixing 3‑5‑1998 for final hearing. The Labour Court, Rajshahi after hearing the parties and considering the evidence adduced, by the impugned Judgment dated 4‑8‑1998 allowed th......t fall within the territorial jurisdiction of Labour Court, Rajshahi. The respondent No. 2 was found with the workers of Box Filling section and he put pressure upon the management in connection with payment of wages and Eid bonus on 8‑2‑1997 and for causing loss of the Company's property charge......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....cannot be sustained. He argues that the appeal must succeed. 7. Learned Advocate for accused respondent, in reply, contends that according to provisions of section 247 CrPC it is imperative on the part of the Court to dismiss the case and acquit the accused if the complainant is found absent or d......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....008 of Bangladesh; however the available budget shall not be disclosed. (Emphasis added)” Subsequently, in accordance with the Government’s request, the petitioners submitted applications and participated in the tender process and became successful bidders. They were the successful bidders a......n 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VAT from the petition......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....ion are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Artha Rin Decree Execution Case No.5 of 1999 which was di...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......he facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Artha Rin Decree Execu..
Category: Civil Law | Date: | Hits: 107
....9,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against others by judgment and decree dated 31.5.1994. Thereafter, the decree-holder bank on o......issuing warrant of arrest against the judgment-debtors (herein the petitioners) and the executing Court rightly issued the warrant of arrest to put them in civil prison so that they are compelled for payment of the decretal amount.
5. Mr. Md. Idrisur Rahman, the learned Advocate appearing for the......oners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and pais..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....vember 21, 2011. Result: The Rule is discharged. Lawyers Involved: Abul Kalam Mainuddin with Munshi Abdul Hamid, Advocates-For the petitioners. M. Shamsul Haque, Advocate-For opposite party No.1. Civil Revision No. 5858 of 1991. Judgment Md. Ruhul Quddus J. - This Rule, at ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....eiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point o...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....lent on threat of his life. But after being released from their grips, he did not disclose the occurrence at his own instance. Under the facts and circumstances, the learned Additional Sessions Judge partly believed his confessional statement and disbelieved that part of the statement, by which he c......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....l, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate on the Record - for the respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 46 of 1982. (From the Judgment and order d......intervention of the war of liberation the contract was frustrated. They accordingly made an application to the defendant that they should be relieved from the obligation under the contract subject to payment of proportional dues on account of the goods already supplied and further prayed that their ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... Judges of the Division Bench were divided as to whether the appeal should be allowed or dismissed. The Supreme Court held that where the third learned Judge did not consider it necessary to decide a particular point on which there had been difference of opinion between the two Judges, but simply in......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Monir Hossain Vs. State, 2012, 41 CLC (AD)
....was due to the injury No.2 which was inflicted by the petitioner. 8. The High Court Division attributed the cause of death upon the petitioner observing that “since accused Monir played the main part in the commission of the offence by inflicting injury on the vital part of the deceased like he...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......irul Islam was attached to Rahanpur Post Office as postman, misappropriated a money order for a sum of Tk. 2,000/- which was sent in favour of one Moktar Hossain (P.W.9) by showing a false receipt of payment of the amount. Pursuant to a complaint made by said Moktar Hossain, an inquiry was held, whe......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....Police Station of Pabna District and possessed the same through a caretaker named Sree Badal; that in addition said Brindaban Goshwami occasionally used to live at the home constructed in the eastern part of the pond for maintaining the property and the S.A. Khatian No.61 was prepared in his name co......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....her person still remains the legal owner and the person in whose favour possession in so transferred has only the custody of the property to be kept or disposed of by him for the benefit of the other party. 13. In cases of criminal breach of trust, the failure to account for the property or mone...... the blue book holders. The substance of the findings of the High Court Division is that at the time of issuance of tax token, the licence holders/blue book holders were not required to make any cash payment and that whenever any licence holder came for renewal of the licence, the accused respondent......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
.... provision of the Parent Legislation or not. (IV) Whether, the High Court Division ought to have considered that the writ petition is premature one since the writ petitioner did not prefer any departmental appeal as per Regulation 59 of the Bangladesh Biman Corporation Employees (Service) R......o.151 of 2007 challenging the legality and validity of the order of termination. During pendency of the said case, the instant writ petition was filed. The writ-petitioner was given notice to receive payment in lieu of statutory notice of termination. Biman Bangladesh Airlines is a Public Limited Co......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....he suit land. Defendant Nos.25 to 28 also filed a separate written statement but ultimately did not contest the suit. 5. Trial Court by its judgment and decree dated 29-10-1991 decreed the suit in part for 17.19 acres of land. 6. Being aggrieved by and dissatisfied with the judgment and decree...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
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