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Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......s for acquiring by possession the ownership of easements and other property.” Part II of the Limitation reads as follows: “Limitation of Suits, Appeals and Application.” Subject to the provisions contained in section 4 to 25 (inclusive), every suit instituted, appeal preferred, and ap..

Category: Company Law | Date: | Hits: 194

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......considered in deciding a case under Chotanagpur Tenancy Act (VI of 1908) and under the Chotanagpur Tenancy Act clause I of section 265 provided that Chotanagpur Tenancy Act by implication renders the provisions of the Code of Civil Procedure inapplicable to matters before the Deputy Commissioners ex..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

.... according to the provisions of the Act mentioned before. It appears in the present case that the authorities mentioned in section 53 of the Act have acted in clear and gross violation of the various mandatory provisions of sections 7, 22, 23, 25, 36, 37 of the Act.” It appears that in the abov......lia, held as follows; “Although a power conferred upon the revisional authorities mentioned therein under section 53 of the Act is not in general terms, it is always conditional upon the various provisions of the Act itself. Consequently, the provisions of sections 7, 22, 23, 25, 36, 37 of the ..

Category: Property Law | Date: | Hits: 107

State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)

.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......hould be taken against this Mr. Farooq Ahmed, Subordinate Judge, 3rd Court, Dhaka”. 4. From the materials on record we find nothing to disagree with the said opinion of the said Bench. Under the provisions of Article 109 of the Constitution this Court has control and superintendence over all su..

Category: Criminal Law | Date: | Hits: 45

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......s may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so and shall supply a copy thereof to the wife. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may exte..

Category: Family Law | Date: | Hits: 180

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......United Commercial Bank in accordance with Article 48 of the Uniform Customs and Practice for Documentary Credit (UCP) complied by International Chamber of Commerce (ICC). Although the widely used UCP provisions in themselves do not have any force of law, under the general principles of the law of co..

Category: Civil Law | Date: | Hits: 164

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......sion reported in 1985 BLD 57 also dealt with a suit in respect of an act of a trade organisation and the High Court Division on consideration of section 22 of the Ordinance held that in spite of such provisions purported to oust the jurisdiction of the Civil Court, the Civil Court retains its jurisd..

Category: Civil Law | Date: | Hits: 74

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......t be cross-examined by the defence. 10. He secondly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of ..

Category: Criminal Law | Date: | Hits: 51

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ember of the undivided Tahbildar family although he has become a co-owner or co-sharer in the suit property. 9. From the contentions of the learned Advocate of both the parties it appears that the provisions of section 4 of the Partition Act can be applied to the present case only if the share wh..

Category: Administrative Law | Date: | Hits: 210

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......existing at the time of their respective appointments and hence the question appointment as permanent workers does not arise inasmuch as the permanent post are to be created by the Bank and financial provisions are to be made for such posts and appointees. In the instant cane appointments were made ..

Category: Labour and Industrial Law | Date: | Hits: 134

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199....... Chandra Ghosh submits that the complainant filed the petition of complaint against the petitioner under section 138 of Negotiable Instruments (Amendment) Act 1994 without strictly complying with the provisions of the said Act. He further submits that the two cheques were issued in favour of the com..

Category: Banking Law | Date: | Hits: 191

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......g from the list on the ground that the building is not abandoned one and not vested in the government under PO No. 16 of 1972 or that his right or interest n the building has not been affected by the provisions of that order. As soon as a gazette notification s published enlisting the property as ab..

Category: Property Law | Date: | Hits: 65

Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......s also to be declared without any lawful authority. 8. On the other hand, Mr. Altafur Rahman, the learned Deputy Attorney-General, submits that in no way respondent No.1 has violated any statutory provisions of law in order to extend the area of Kushtia Pourashava as alleged by the petitioner. In..

Category: Election Law | Date: | Hits: 85

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013....... found no reasons to accept the testimo­ny of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and circumstantial, provisions of law and the decision as referred to, observed that the prosecution in the instant case..

Category: Criminal Law | Date: | Hits: 46

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......emptee contested the said application for pre-emption denying all the material allegation contending, inter-alia, that the application for pre­emption was barred by limitation and also barred by the provisions of waiver, estoppel and acquiescence and the same was bad for defect of parties. The pre-..

Category: Property Law | Date: | Hits: 39

Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)

.... of paper book is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001.......sed in Writ Petition Nos. 3271, 5239. 4678, 4677, 4013, 4014, 2754, 2817, 3065 and 6420 of 2007 making absolute the Rules obtained impugning the order/decision dated 4.6.1997 for appli­cation of the provisions of SRO 113 dated 11.5.97 and for withdrawing CRF on the goods imported by the respon­den..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......ith the power to give loan to all directors, including himself as the managing director. Such absolute authorisation to give loan by the Managing Director from the Company’s fund is contrary to the provisions of the company law and prejudicial to the interest of the company and its members. While ..

Category: Company Law | Date: | Hits: 247

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971.......t submitted that the High Court Division directed Mr. K.Z. Alam, Barrister-at-Law and Senior Advocate of this Court to act as the Chairman to call, hold and conduct the meeting in accordance with the provisions of the Company Act but the Managing Director and the Secretary of the Bank who are the in..

Category: Criminal Law | Date: | Hits: 60

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....4.2009 passed by the High Court Division in Appeal from Original Decree Nos. 439 of 2003 and 142 of 2004. 2. The facts, in short, are that the plaintiff filed the suit for declaration of title and mandatory injunction in respect of the land described in the schedule of the plaint within C.S. Khat......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968...

Category: Property Law | Date: | Hits: 44

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......versant lawyer in this field to assist the Court. In compliance of our request Mr. Md. Khurshid Alam Khan made his submission on 09.11.2009. Mr. Khan after taking us through the writ petition and the provisions of law as contemplated under section 4(1) of the Act submits that the Act provides that t..

Category: Anti-Corruption Laws | Date: | Hits: 171