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....legal, the order of dismissal is liable to be set
aside. He argues that exhibits marked as Ka -Sa on behalf of the defendants
amply show that the proceeding of her dismissal was not taken by the
resolutions of the Governing Body of the College in it's meeting held properly
and in accordance wi......contesting defendants-opposite parties. In that view
of the matter it cannot be said that the suit was bad for defect of parties and
for that reason the Court could not effectively adjudicate the dispute in issue
in the suit. I therefore find no substance in the submissions of Mr. Siddique.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......n ILR Mad (1905) 520 wherein it has been held that: "That under the English Common Law agreements having for their object the creation of monopolies are void as opposed to public policy is beyond dispute and the same is equally true under section 23 of the Indian Contract Act. The American cases..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... পেশাজীবী। 14. It is spelt out in sub-section (5) of Section 4 that the members would be nominated under the supervision and control of the concerned authority and in case of any dispute regarding such nominations, the decision of the concerned authority shall be final. Sub-s..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ...... nomination papers. 20. Several authorities were cited and relied upon by the learned Advocate in support of their respective cases, which we shall shortly consider. 21. Facts which are not disputed are that the Industries obtained a Project loan as well as CC (pledge) and CC (hypothecatio..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......o be sent back on remand for retrial in order to ascertain whether the second marriage has been executed and registered by virtue of any Kabinnama. 15. In the case both the Courts below found no dispute that the accused petitioner Md. Ashraful Alam and complainant Musammat Nargis Sultana entere..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... judgment and order dated 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two storied building which belonged to one Rajeshwar Saha, fa..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....001 asking him to join as the Assistant Superintendent of the said Madrasha within 30.12.2001 and the respondent No.6 has submitted the original result sheet dated 14.12.2001 and the photocopy of the resolution of the meeting dated 14.12.2001 of the Managing Committee duly attested by the respondent......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
.... They took out a procession that
paraded the corridors of this Court while the judges were engaged in conducting
the cases inside, and thus interfered with the administration of justice, They
took resolution to boycott the Court of the Judge and threatened to boycott the
Court of the Chief justi......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......, Bihar, India. Their father and mother died on 23‑5‑1984 and 22‑9‑1984 respectively at Dhaka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given o..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ...... death of his wife. Nothing in support of the defence case could be elicited from this witness during cross-examination. 31. No other witness has been examined in this Case. 32. There is no dispute about the fact that victim Salma Begum was daughter of Pachu Sharif of village Choto Bahirba..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......Attorney-General argued that the High Court Division committed an error in quashing the proceeding although it discloses criminal offence and the High Court Division was wrong in holding that a civil dispute has been turned into a criminal one the proceeding was instigated by Messrs Tipu Acrylic Ind..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......stant appeal before us Mr. Khandker Mahbubuddin Ahmed, on perusal of the aforesaid judgment of the Appellate Division, finds it difficult to oppose the appeals, and candidly submits that the election dispute may be thrashed out by the High Court Division in accordance with law. 13. We h..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....espondent No.7 also did the same. The respondents have admitted the publications but tried to justify same.
7. Respondents have not annexed any inquiry report of the Chittagong University or any resolution of the senate but quoted some portion of the resolution Nos.353 to 362 passed by the Sena......med with such a jurisdiction the Courts cannot properly function. It arises in three kinds of cases:
(1) a disobedience to an order of the Court;
(2) a publication relating to the merits of dispute pending before a Court; and
(3) an act which scandalizes a Court.
In the present c..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
................................. (b) all election disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution. .............................................." 25. T......ondents (In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be dec..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......fore me the first information report of the case, the charges framed at the trial against the accused persons, the evidence on record as well as impugned judgment and submits that there is a bonafide dispute between the parties with regard to the schedule land and that the informant filed the instan..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......a, stated that a government servant occupying a government accommodation unauthorisedly is not entitled to get pension or 80% of gratuity. In the said memo it has been mentioned that when there is no dispute a government servant is entitled to get pension and that in the instant case there is no dis..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......r was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weakness of the defence case is not in any way
disputed. The petitioner being Additional Deputy Commissioner, (Revenue) in
charge of vested and no..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....f the petitioner Annexure-E). But the Assistant Head of the Ministry of Communication, Statistics Cell, by his Memo No.SAO. RE/PARISANG/ BIBDHA-25/2002-395 dated 6.11.2002, communicated a copy of the resolution adopted in A.D.P 2002-2003 Meeting held on 30.9.2002 for information and taking necessary...... show that the sub-project No.26 had been duly completed and the contractor is entitled to the full amount against the said sub-project. The learned Assistant Attorney General also could not find any dispute regarding the completion of the project and the entitlement of the petitioner as he successf..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....n, directions upon the appellant Nos. 2 and 3 for conducting the affairs of the company without discrimination and also, in accordance with the Articles of Association of the company, cancellation of resolutions dated 18-1-96, 9-12-99 and 31-12-99 purportedly passed by the company in violation of th...... majority shareholders i.e. appellant Nos. 2 and 3, at a fair value was the most effective means of protecting the interest of the minority and also the most effective means of resolving the existing dispute, inasmuch as had such order not been passed, the court would have had no other effective opt..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ...... as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing thei..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
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