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Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......s per director of the trust instrument because the Calcutta University is out of Bangladesh and the trust property is also situated outside the territorial jurisdiction of West Bengal. 20. In that view of the matter it may be, necessary to use the trust money arising out of the sale proceeds to b..Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......pe of sections 3 and 5 to 8 of the Ordinance. Secondly, sections 2(9) and 2(10) read with section 7(8) of the Motor Vehicles Ordinance, 1983 not having designated a driver as "Truck Driver" and as in view of provisions of section 2 (15) (9) (22‑27) of the Motor Vehicles Ordinance no driving licenc..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......is further stated that the meetings of the are not being held as provided in law since 1985. No meeting of the Board of Directors was held. The conduct of the respondent No.2 is fraudulent. 11. In view of the aforesaid circumstances the petitioners have filed this application praying for winding ..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......that the learned Magistrate committed an error of law in acquitting the accused-respondents under section 247 of the Code of Criminal Procedure as that section is not attracted in the present case in view of the fact that the learned Magistrate issued warrant of arrest in the present case and that s..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......ion conditionally. He also stated that in the changed circumstances he had no intention to resign. On 19.10.87 the Assistant Manager addressed the impugned letter to the petitioner intimating that in view of his letter dated 3.10.87 the management decided to accept his resignation with effect from 2..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ablished that enforcement of the fundamental right conferred on the petitioner, is involved. To redress his grievance, Mr. Huq argues, the petitioner can, of course, choose this Court as his forum in view of clause (1) of Article 102 of the Constitution. 12. He continued by submitting that there ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......he appeal is without jurisdiction. 6. Mr. Md. Jainul Abedin, the learned Advocate appearing for the respondent No.6 at the very outset submits that the instant writ petition is not maintainable in view of the provision of section 26 of the Local Government (Union Parishad) Ordinance, 1983 (shortl..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......nt he has cited a decision of our appellate Division in the case of Munshi Md. Fazlul Haque Vs. Saleh Ahmed, reported in 13 MLR (AD) 332 on the same point. He prays that the rule be made absolute. In view of the fact that both the pre-emptor and pre-emptees are co-share by purchase hence petition un..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
.... read subject to the provision made in sections 198 and 199 of the Code. He has also failed to notice the definition of "complaint" as given under section 4(1)(h) of the Code and, as such, came to an erroneous conclusion affirming the impugned order of cognizance taken by the Magistrate and thereby ...... (1) of section 4 of the Code, we find that the word 'complaint' has been defined as follows— "(h) "Complaint". Complaint means allegation made orally or in writings to a Magistrate with a view to taking action under this Code, that some person whether known or unknown, has committed on o..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......e Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen out of a leave granting Order dated 2nd day of March, 2010 in Civil Review Petition for Leave to Appeal No. 80 of 2009. 2. The facts giving raise to this appeal are ..Category: Civil Law | Date: | Hits: 138
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
...... a transfer by way of a mortgage, the necessary conclusion which follows from the said premises is that in order to bring a transaction of out and out sale with an agreement to reconvey within the purview of the said section, the agreement to reconvey shall have to be incorporated in the deed effect..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......r non-fulfillment of the conditions of the above section 512 of the CrPC the trial has been vitiated. 9. Mr. AQ Rashid Ahmed, the learned Advocate for the State, on the other hand, submits that in view of the amendment of the Code of Criminal Procedure by introduction of section 339B (1)(2), sect..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......e, the High Court had no authority to make its own surmises as to be propriety of reasons which had motivated the issue of the notification dated the 28th February, 1964." Therefore, we are of the view that the exemption so granted or accorded does not in any way create any vested right in favour..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....greement, in the heading of tender documents and in the heading of the financial offer form and another papers. It appears to us that learned arbitrators without considering the materials on record erroneously passed the award directing the 2nd party to change all plural words and phrases to a s......nefit from his own wrong and secondly, that where a grant is in general terms there always an implied provision that its not include anything which is unlawful or immoral.” 40. So, we are of the view that the Court must always assume that it is in public interest to give effect to the intention..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......efore the Court. The Judge in order to discover, or obtain proper proof of relevant facts, may exercise very wide powers indeed; but they all pivot upon the ascertainment of relevant facts. 15. In view of the position of law stated above, now let us discuss the facts of the case in order to ascer..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... been made in good faith to the superior authority of the complainant contents of the said application cannot constitute an offence of defamation and punishable under section 500 of the Penal Code in view of the 8th and 9th exceptions to section 499 of the Penal Code defining the offence of the defa..Category: Criminal Law | Date: | Hits: 75
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......avits which have the photographs of their designs and we have also seen the photograph of the design of the opposite party No.1 as well as the ceiling fans and on consideration of these we are of the view that the registered design of the opposite party No.1 is not akin to the designs annexed with A..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......ot paid on proper valuation of the suit, he ought to have made in inquiry in the matter and determine the correct valuation of the suit in terms of sections 8C and 8D of the Court‑fees Act. In that view of the matter, it must be held that the learned Assistant Judge passed the impugned order illeg..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....it is the definite findings of the Court of appeal below that those documents were proved by evidence. He adds that the learned Judge of the trial Court without considering those documents came to an erroneous finding that the plaintiffs could not produce a single document in support of settlement a......perty in respect of which an enemy property case was started in 1978 is not sufficient for coming to a conclusion that the property is an enemy property." 18. I am in respectful agreement with the view of his Lordship expressed in the aforesaid decision and also with the decision reported in 46 D..Category: Property Law | Date: | Hits: 98
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......accused being proved false and there is no evidence that anybody else besides the accused assaulted the deceased to death, inevitable inference would be that none but the accused caused her death. In view of the above principle of law well settled in a wife killing case the Judge of the Tribunal rig..Category: Criminal Law | Date: | Hits: 114
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