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Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... 4. Plaintiff however opposed the application by filing a written objection. The learned Subordinate Judge however found that on 6‑5‑92 the plaintiffs had no cause of action to sue and upon such view, rejected the plaint by impugned order. 5. Mr. Mahmudul Islam, learned senior advocate for t..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......r to substantiate the allegation there must be some evidence aliunde." 39. (1924) 82 Indian Cases 5; Muhammad Nuh Vs. Brij Behari Lal, A Division Bench of Allahabad High Court was of the following view: "There is no legal presumption of legal necessity in favour of an alienation of property by..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......e obtained by the petitioner company and another PSI Company, namely, 'Bureau Veritas Bangladesh Limited' in similar circumstances.
9. Mr. Mahmudul Islam, learned Senior Counsel, submitted that in view of the provisions of section 194 of the Act presenting an appeal against an order of penalty le..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......1999 accused-appellant Abdur Razzaque preferred the present appeal before this Court. 6. Mr. Md. Munsurul Haque Chowdhury, the learned advocate appearing for the accused-appellant, submits that in view of the fact that the medical evidence does not support the case of rape, the learned Special Tr..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......mitted that the Padma Oil Co. Ltd, being a Public Ltd. Company the relationship between the plaintiff and his employer Padma Oil Co. Ltd. is that of a master and servant. He further submitted that in view of the decision reported in 7 BLC (AD) 1, the Courts below ought to have held that the suit as ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......port was lodged by the management of the petitioner company against respondent Nos. 2 and 9 and other workers by alleging some violent activities against them which were false. This was done with a view to frustrating the genuine demand of the workers including respondent No. 2. 3. The Petition..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......09 in which Special Case No. 24 of 2007 and 25 of 2007 have been quashed. Those two proceedings were also initiated by the ACC out of similar transaction. We do not find any reason to depart from the views expressed in those two Miscellaneous Cases. 23. In view of the deliberation recorded herein..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......tentious writing, signature etc. though provision of section 73 of The Evidence Act permits the Court to compare the contentious signature with the admitted signature, the safe and best course in our view for the Court would be to avoid the practice of comparing the writing or signature etc. and sho..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......o allow the petitioner to deposit the rent if he deposits the monthly rent in compliance with the provisions of section 19(1) (ka) of the Act, 1991. 10. From the discussions made above I am of the view that the learned House Rent Controller, Narayanganj and the Court of appeal below passed the im..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... Guarantor-Opposite Party's obligations under the Guarantee and the arbitrament of disputes arising there under independent of both the Loan Agreement and the Borrower's liability. It is this Court's view that the Guarantor-Opposite Party ought to have paid greater heed to the legal consequences tha..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... of the petitioners are prescribed by BFCC and not by Biman. Over and above, the salaries of the petitioners are paid not by Biman, but by BFCC. The allegation of discrimination by the petitioners in view of non-application of the Regulations of 1979 is clearly misconceived. The petitioners have bee..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......ferred decisions reported in 6 DLR (WP) 143, 12 DLR 279, 45 DLR 352, 13 DLR 82, 13 DLR 397, 9 BLC (AD) 162, 52 DLR 335, 53 DLR 125, 51 DLR 125, 51 DLR 25, 5 BCR 184 and 59 DLR 407 and submits that in view of the above facts and circumstances and the decisions of the Apex Court of this sub-continen..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... the scope of the power of the Administrator provided therein in the matter of appointment of Mutwalli when Mutwalli-ship falls vacant, let me see the reasons given by the learned Judge in taking the view as indicated above. It appears that the reasons which led to the impugned conclusion are at fol..Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......een stated that the petitioner has been elected and obtained certificate from the Registrar to work as a Collective Bargaining Agent of the opposite party No.4, the Karnafully Paper Mills Ltd. and in view of these facts the order of injunction granted by this Court should be set aside otherwise ther..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......oyer Company for failing to implement the order. The Company moved the High Court for quashing the proceedings under section 561A of the Code of Criminal Procedure. High Court, Rangpur Bench took the view that the decision of the Labour Court, Rajshahi was final and it is beyond the scope of the Hig..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......dispute. In the summary proceeding under Article 102 of the Constitution it is neither desirable nor advisable to enter into the merit and record a finding as to a disputed question of fact. This view of ours finds support from the case of Shahabuddin Iskandar Vs. Bangladesh Election Commission ..Category: Election Law | Date: | Hits: 171
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......ng for the opposite party submits that the plaintiff if at all suffers for this non-specification of his land; peril is on him not on the defendant. On a consideration of the facts, we are of the view that the submission of the learned Advocate for the opposite party is absolutely correct. It ma..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......man, journalists, elite, professionals and concerned Government officials. Moreover, 3 seminars were held at Tangail wherein Members of the Parliament of the locality participated and expressed their views regarding the project. Views of the elected representatives from the local level upto the nati..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ed Advocate appearing for the plaintiff-respondent-opposite party has supported the impugned order passed by the trial Court on the ground that the Court passed the order in presence of both sides in view of the situation arising from the efforts made by the defendant to transfer the cargo coaster a..Category: Civil Law | Date: | Hits: 65
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
...... 1969 and, as such, the impugned order dated 11-10-92 for encashing the Bank Guarantee for payment of Taka 1,69,290.16 is without lawful authority and of no legal effect. He further submitted that in view of the decisions of the Appellate Division reported in 42 DLR (AD) 167, 11 BLD (AD) 327 and 48 ..
Category: Fiscal/Taxation Law | Date: | Hits: 117
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