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Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

...., commonly known as Mujibnagar Employees, which unequivocally accepted the status of the Mujibnagar Employees to be and to have always been in the service of the Republic, took various decisions from time to time. It is further stated that orders, circulars and instructions issued at various times a......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

..... The Courts below on consideration of the evidence oral and documentary observed that at Baukhola Mouza, there were no such khatians as khatian numbers 977 or 978 and also found that at the relevant time Pulin Behari had no land at Baukhola Mouza. 20. Now it is to be considered how far the appel...... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....t upto 31-3-95. But after discussions between them the respondent 1 agreed to accept Taka 4,31,46,544.61 and waived the claim for interest. But as the appellants did not pay the said money within the time fixed the respondent 1 was entitled to recover the outstanding balance with interest the busine...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....basis of the amended Constitution and refused to issue mandatory injunction as prayed, The defendants-petitioners appeared before the Court on 20‑9‑2003 in compliance of the notice and prayed for time for filing written objection. The Court allowed the prayer and also passed another order on the...... informed of the above judgment of the High Court Division by Mr. Enayetur Rahim, the learned Advocate for the plaintiffs of that Other Class Suit No. 43/2003 when the ad-hoc Committee took steps for appointment of Auditor which is a condition precedent to hold election, a learned Senior member who ..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....n the work order, the plaintiff was asked to complete the work from 16­-10‑88 to 15‑4‑89. As there was delay in getting a site, the plaintiff could not complete the work within 15‑4‑89 and time for completion of the work was enhanced by an order dated 17‑4‑89 up to 30‑6‑89. 3. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....he plaintiffs applied for derequisition of their purchased land and to pay all arrear of rent enclosing all the relevant documents relating to their ownership of the suit land but after long lapse of time the land acquisition officer in the middle part of May, 1998 all on a sudden disclosed that the......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....nt and order dated 15.08.2006 passed by the High Court Division in Criminal Miscellaneous case No.4636 of 2006 field regular Criminal Petition for Leave to appeal being 473 of 2006. 11. In the meantime Ministry of Home Affairs took decision on 10.11.2005 to have the case investigated by the RAB a......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

....ish the security as contemplated under section 32(2) of the Artha Rin Adalat Ain, 2003 the learned Judge was justified to make direction to the applicant to furnish such security within the specified time and there is no wrong in the order passed by the Adalat. 6. The only question which falls fo......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..

Category: Civil Law | Date: | Hits: 61

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....automatically ceased to have its enforceability before the next Sessions of Parliament since the General Election are scheduled to be held in December 2008 and thus the impugned Ordinance in its life time given to it cannot be laid before the next Parliament and as such the impugned ordinance is des......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....bstantially proving the charge levelled against convict-appellant. 6. In approaching and answering to the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advance......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....iary’ yard of the plaintiffs. It was also agreed that the plaintiff would pay customs duty. The plaintiff did not comply with any terms and conditions of the contract. 9. They denied that at the time of sanction of the loan the plaintiffs had a balance of Taka 1,44,87,474 in their account. They......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....ion. Telephone is stated at serial No. SO 12 of the list of vatable services given in the second schedule of the VAT Act. 1991. However, the lists thus provided are not final. The Government may from time to time as it thinks necessary, provide with respect to any description of transaction that it ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....In the view of the matter, disposal of the appeal, connected Rule being No. 84(f) of 2001, is disposed of. The Deputy Commissioner may take the possession of the acquired land if not taken in the meantime after keeping the amount of compensation awarded by him in the deposit account of the Public Ac......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..

Category: Property Law | Date: | Hits: 61

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....gery on that score is also not maintainable and, as such, the proceeding should be quashed. We are of the view that at this stage this point cannot be considered by us which can only be raised at the time of trial. From the conspectus of the above discussion and on meticulous analysis of fact and......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..

Category: Criminal Law | Date: | Hits: 94

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ulter within the meaning of the Bank Company Act is accepted then the position would be that a guarantor who stood surety and undertook to repay certain bank loan or dues but failed to pay within the time agreed upon, no mechanism or machinery prescribed by such law for recovery of the loan from the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....ere permanent directors of the company. 18. It appears from the registry of notice and minutes of the meetings of the board of directors that on 19‑6‑99 both brothers sat together for the last time in a meeting of the board. In the meeting, the minutes of the last meeting was read and confirm......‘99 and 21‑10‑99 without leave of absence notwithstanding the fact that he was described in the articles of association as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving dire..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....mbers. It follows that in a case where the Registrar purports to act so as to prevent an alleged misdeed by a member of a Society from being investigated by a criminal Court, he should possess at the time when he exercises his option to visit them with punishment within his disciplinary jurisdiction...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

....e learned Advocate for the petitioner. In the result this Rule is discharged without any order as to costs. The order of all further proceedings of Miscellaneous Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacate...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon the respondent Association. He waited for a great deal of time and when no response was received by the petitioner nor was there any payment from the responde......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....nance XX of 1982, some other provisions were repealed but not the Ordinance No. XI of 1978 and in that view of the matter the said provisions shall still be applicable subject to amendments made from time to time while allowing the remuneration and privileges of the Election Commissioners because, h...... net pension. Another supplementary affidavit was sworn on behalf of the petitioners on 8‑3‑2004. In this supplementary affidavit the photostat copies of the relevant notifications announcing the appointment of the petitioners and their consequent taking over of their respective posts, were encl..

Category: Employment/Service Law | Date: | Hits: 99