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Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... the first mortgage/charge upon the assets and properties of the Company; that after the denationalisation of the Jute Mills, the Company did not care to repay the loan taken from the BSRS and with a view to realising the outstanding dues BSRS, pursuant to the instruction of the Ministry of Finance,..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ...... delivered to the requiring authorities, issue de‑requisitioned notices under rule 10/2 stating that requisition orders issued have been vacated." 15. Thus from the above discussion we are of view that some land was de‑requisitioned by notices dated 24.1.1951 but as no possession was taken..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......he case as required under section 339C. 32. Mr. SMG Amirullah Chowdhury, the learned Advocate for appellants submits that the trial has become without jurisdiction and the conviction is illegal in view of the provision of section 339C CrPC. The contention of the learned Advocate seems to be corre..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......stions of law thereby" the court is bound to answer the question in absence of the applicant or his lawyer at the time of hearing the application? A plain reading of sub‑section (5) indicates so in view of the use of the expression "shall" several times used in the said sub‑section. But a carefu..Category: Fiscal/Taxation Law | Date: | Hits: 164
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......ng the same rule of the Court, no suit can be filed for the purpose of avoiding the award and the only remedy under the Arbitration Act to the parties is provided under section 33 of the Act. Similar view was expressed by a Division Bench of the Dhaka High Court in the case reported in 18 DLR 629 as..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......…ফিসার It will appear that although the tender was initially floated for a period of 2 years, proposed lease in favour of the petitioner was for a period of 5 years by Annexure 'D' in view of the fact. 5. The petitioner after receipt of the approval letter dated 19.12.85 approa..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....ring for the petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention is that the transfer was not......is that the transfer was not made for reasons of economic distress within the contemplation of law. He submits that it is clear from the very recital of the document that the transfer was made with a view to collect fund to purchase some lands elsewhere. He further submits that after the transfer th..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......vindicate the "people's right. But if the respondent No.1 loses this case, he will definitely suffer irreparable loss and inÂjury as he will lose his position as an elected repreÂsentative. In that view of the matter we consider and construe the provision of section 7(2)(g) of the said Ordinance s..Category: Election Law | Date: | Hits: 216
.... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......case by filing a written statement.
4. After hearing the parties and considering the evidence and records of the case the Administrative Tribunal passed the following order on 3.11.85:-
"So, in view of the Government commitÂment that the Gradation List is going to be pubÂlished within 2 mont..
Category: Administrative Law | Date: | Hits: 445
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......the aforesaid murder case, his detention order was passed on 19.7.88 by the Additional District Magistrate, Dhaka under SecÂtion 3(2) of the Special Powers Act, 1974 for a periÂod of 30 days with a view to preventing him from acting in a manner prejudicial to public safety, pubÂlic order and law ..
Category: Criminal Law | Date: | Hits: 100
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being a Trade Union Leader was not liable to be transferred to any station outside Dhaka in view of section 47B of the Industrial Relations OrÂdinance, 1969, and the learned Labour Court stay..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......that it was not a case of subÂletting. The learned District Judge considered these documents "as very important" for the purpose of deÂtermining the question of sub-letting or otherwise and in that view of the matter, on 15.8.83 allowed the appeal, set aside the Judgment and decree of the trial Co..Category: Property Law | Date: | Hits: 115
Chittagong Port AuthoÂrity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......unmanifested cargo it was the duty of the consignee to locate the same following nil mark procedure and the consignee not having been done so his client has no responsibility for the loss of goods in view of the provisions of sub-rules (f) and (g) of Rule 64 of General Rules and Schedules for Workin..Category: Business or Commercial Law | Date: | Hits: 397
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......entary Provision) Ordinance, 1985 (Ordinance LIV of 1985) provides that the Court of Settlement shall consist of a Chairman and two other members who shall be appointed by the Government.
4. In view of the above provision of law, the disposal of the case by the Chairman along with one member o..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......onthly tenant terminating on the 26th day of each successive month according to Hindu Calendar. This finding being a finding of fact was regarded by the High Court Division to be binding upon him. In view of the discussion made above it appears that in order to be a valid notice under section 106 of..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... raised objection contending that it was barred by limitation. In the course of arriving at the decision by the Full Bench several decisions were referred to and relied upon and it was the considered view of their Lordships in the AIR 1940 Allahabad 151 case that the decree holders are not required ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......sideration, the allegations do not constitute an offence of murder under section 302 of the Penal Code, it can hardly be said to be an offence of culpable homicide not amounting to murder and in that view of the matter the appellant could at best be charged under section 304 of the Penal Code. 9..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......nishment upon a person, law must be construed strictly and the charge brought against the accused must be proved beyond all reasonable shadow of doubt. These are absent in the present case. 12. In view of the above, we fired substance in the submissions of the learned Advocate for the appellants...Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......n response to the popular demand from the people of his locality, the petitioner decided to contest for the office of the Chairman of Rajapur Upazila Parishad within the District of Jhalakati, but in view of the aforesaid provisions of section 6(2) (a) of the said Ordinance he is disqualified for su..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......of DhaÂka). Further, the Subordinate Judge and Commercial Court No.1, Dhaka has been given exclusive jurisÂdiction to try all suits in respect of the matters covÂered by the above notification. In view of the above notification, he submits that the jurisdiction of the Court of the District Judge ..Category: Procedural Law | Date: | Hits: 168
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