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Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... 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. ...... 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. ...... 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)
....reme financial hardship and assured the petitioner that he would be paid in a matter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003,......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. ......onest Association and they have no right to continue as such. Mr. Nabi concentrates on the provisions of sub‑sections (v) and (vi) of section 241 of the Act, and submits that it is an extraordinary jurisdiction conferred on the Court and the Court has enough power to pass a winding up order on the..Category: Employment/Service Law | Date: | Hits: 144
....entitled to receive a net pension of Taka 5,720 per month. The petitioner No.4 retired from his earlier service in the Republic on 7‑10-1999 with gross pension of Taka 11,440. Upon surrender of the total amount of his gross pension he received an amount of Taka 16,83,160 as gratuity and was not en......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......stealing electric energy by the petitioners whereupon the petitioners filed Title Suit No.6 of 1995 before Subordinate Judge, Khulna, for a declaration that the said bill is illegal, void and without jurisdiction and that the petitioners are not bound to pay the said bill and the said suits were pen..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
....nt shall also continue to pay of 50% out of the 15% VAT claimed by the petitioner due on his manufactured poles till disposal of the appeal (Annexure-G)."
6. It has been further stated that in total misconstruction of law and the ad-interim order passed in the leave granting order of Civil ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....in 90 days of receipt of necessary permission through Court. On 12‑10‑91 he applied for permission. On 3‑12‑91 he further received Taka 35,00,000 from the plaintiffs by granting a receipt. In total, he received Taka 45,00,000 out of the consideration. 9. On 11‑2‑92 he received the per......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. ......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. ..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. ......he suit on findings that the sale was effected for family necessities and for the payment of antecedent debts due by the original owner, Mathura and so was binding on the joint family. 45. In the absence of direct evidence and on the law as considered above the recitals in the deed deserve consi......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. ..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.
...... 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.
......presenting an appeal against an order of penalty levied under the Order requires no deposit of the penalty to be made before hearing of such appeal, the Appellate Tribunal acted illegally and without jurisdiction in demanding deposit of a portion of the penalty before consideration of the appeal and..
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. ......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. ......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. ..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. ...... 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. ......r-company and the plaintiff opposite party No. 1 was that of Master and Servant and hence a declaratory suit as framed is not maintainable in law, the prayer for reinstatement in service was beyond jurisdiction of the Civil Court and was not legally tenable. It was further stated that the plaintif..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....... 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.......respondent No. 2 in this case under section 25(1)(b) of the Employment of expeditiously. Labour (Standing Orders) Act, 1965 was therefore, not maintainable in the first place. The Labour Court had no jurisdiction to entertain such grievance petition and, as such, the impugned judgment dated 7‑1‑..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.......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.......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...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....ed by the learned Advocate for the respondent bank. 36. In view of our discussions made above and the legal position, the facts and circumstances of the case, we hold that the plaintiff-respondent totally failed to establish its claim against the appellant (defendant No. 3) and, as such, the impu......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.......t on the opinion formed or view taken upon resorting to risky or in other words unsatisfactory and dangerous' procedure." 30. These are the consistent view taken by the superior Court of different jurisdictions. On an analysis of the aforesaid decisions it appears that section 73 of the Evidence ..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.......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.......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...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. ......plication and the Affidavit-in-Opposition. 8. The learned Advocate for the Opposite Party Mr. Kazi Rehan Nabi, premised on the assertion as above in the Affidavit-in-Opposition in highlighting the absence of the Petitioner's locus standi to file this Application, has submitted that the Loan Agree......or in connection with this Guarantee shall be referred to Arbitration under the ... the Arbitration Act, 2001. 18. All legal proceedings arising out or under this Guarantee shall be subject to the jurisdiction of the Courts at Dhaka." 6. By invoking that arbitration agreement so envisaged in t..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. ......e records during contractual periods. But in contradistinction to Annexure 'G-1'; there is no such clause in Annexure 'G' dated 5-9-1999 which governs the appointment of contractual employees. In the absence of any such clause in Annexure-'G' to the Writ Petition, there does not appear to be any sco......n support of the case of the petitioners will not be of any avail to him in that those decisions dead either with temporary or casual or ad hoc employees and he fails to advert to any decision of any jurisdiction to the effect that the contractual employees have been absorbed permanently in the se..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....nished no comments on the proposal mentioning the absence of definition of marginal gas field and whether the fields under reference were non-producing gas fields. The then Chairman of Petro Bangla totally ignoring the said comments arranged to send a memo to the Energy Ministry highlighting the a...... comments. BAPEX opined that formulation of policy on the subject and decision of the authority was necessary. On the other hand, the Study Cell furnished no comments on the proposal mentioning the absence of definition of marginal gas field and whether the fields under reference were non-produc......ch should be quashed. 23. Mr. AFM Mesbahuddin Ahmed, learned Advocate appearing for the petitioner submits that it should be decided whether the approval of draft policy is amenable to the criminal jurisdiction or constitute of an offence punishable under the aforesaid provisions of law. He furt..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.......ted the claim of the respondent to be the Mutwalli. I find there is much force in this contention. The judgment also shows that the learned Judge observed as follow: "There is no doubt that in the absence of any special enactment or any provision in the Waqf Ordinance, the question of competency ......at in the absence of any special enactment or any provision in the Waqf Ordinance, the question of competency can be gone into in a Civil Court, but the question is, was the Administration within his jurisdiction to ignore the claim of the petitioner as a de facto Mutwalli and was he within his juri..Category: Trust/Waqf Law | Date: | Hits: 188
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