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State Vs. Amin Huda, 2011, 40 CLC (AD)
.... Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. These two appeals by special leave are against the judgment and order dated 28th day of August, 2008 passed by a Division......ul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. These two appeals by special leave are against the judgment and order dated 28th day of August, 2008 passed by a Division Bench o..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....decided as per terms of their contract and the nature of the business. Such agency is found upon a contract, either express or implied. 9. Section 219 clearly provides that in the absence of any special contract, payment for performance of any act is not due to the agent until the completion of...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....he Appellate Tribunal by the impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal further observed that the appeal being under special statute, it had no power to condone the delay; hence, this petition for leave to appeal. ......ed the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneous Case No.5 of 2009) Judgment Md. Abdul Wahhab Miah J. - Delay of 72 days in filing this petition for leave to appeal is condoned. 2. This petition for leave to appeal has arisen out of an order date..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......ce to an action being brought. As between the applicant and the Company, the Court will enforce the ministerial duty if the application shows a clear right; and will not readily refuse to proceed and leave an action to be brought." 34. In my opinion the principle laid down in the aforesaid decisi..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......e respondents upon swearing an affidavit disclosed that the impugned order of detention had already been revoked by the Government and as such the Rule became infructuous. On behalf of the petitioner leave was sought to impugn the later order of detention, by way of amendment of the writ petition. B..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......eal No. 149 of 2008. (From The Judgment and Order dated 16-5-2007 passed by the High Court Division in Civil Revision No.149 of 2008). Judgment Md. Abdul Wahhab Miah. - This appeal by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Benc..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by the High Court Division in Criminal Revision No.351 of 2006) Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 7th March, 2007 passed by the High ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....local agent will be liable only for those actions of the principal which are prescribed in law or in any other contract made between the agent and the principal. In the present case since there is no special contract regarding personal action or liability of the principal between the agent and princ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....r, Narayanganj and the Magistrate concerned a party in the suit who actually evicted and passed the impugned order of mandatory injunction without invoking the provision of appeal as laid down in the special statute itself namely, Ordinance No. 24 of 1970 and therefore, the order of mandatory injunc......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....e Court of India observed that it is well settled that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue the remedy and (should) not invoke the special jurisdiction of the High Court to issue a prerogative writ. It is true that the existence of......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......tition No. 1408 of 1993 and Writ Petition No. 1046 of 1993 respectively) Judgment Mohammad Fazlul Karim J.- The Rajdhani Unnayan Kartipakhya and others writ respondents as the petitioners seek leave to appeal against the impugned Judgment and order dated 30-6-1999 passed by the High Court Div..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the High Court Division in Review Case No.04 of 2009.) Order Nazmun Ara Sultana J. - This Civil Petition for leave to appeal is directed against the judgment and order dated 04.08.2009 passed by the High Court..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......peal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the High Court Division in Civil Revision No.1675 of 1994.) Order Nazmun Ara Sultana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 15.12.2008 passed by the High..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......al No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court Division in First Appeal No. 288 of 2002). Judgment Nazmun Ara Sultana J. - This Civil Petition for leave to appeal has been directed against the judgment and order dated 18-5-2009 passed by a Divisio..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......nt and order dated 28.02.2010 passed by the High Court Division in Contempt Petition No.156 of 2009 and Contempt Petition No.83 of 2009.) Order Syed Mahmud Hossain J. - These two petitions for leave to appeal are directed against two identical judgments and orders both dated 28.02.2010 passed..Category: Others | Date: | Hits: 118
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