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Displaying 3141-3160 of 7097 results.
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. ......vendor and refusal by said defendants, the view of the learned Subordinate Judge that institution of the suit on 6‑5‑92 was still premature and the plaintiffs had no cause of action is seriously flawed. 13. Besides, Giasuddin died a bachelor. Defendant No. 1 is step‑sister of defendant Nos...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. ......wife. Boro Panchi and Jhoharmoni were each survived by a son, defendant No.1, Krishnapada Biswas and Annadacharan Haldar respectively. The plaintiffs survived Choto Panchi. 3. Under Hindu Dayabagh law of inheritance, the three daughters inherited the suit land left by Paban Mondal in limited life..Category: Property Law | Date: | Hits: 64
....e Pre-shipment Inspection Order, 1999, in short, the Order, to carry out inspection of cargo to be imported into Bangladesh and certifying the quality, quantity, HS Code and price of the goods as per provision of the Order by Gazette Notification NG. 84/2000/Customs dated 10‑2‑2000.
4. The Si...... Act' he submitted that had it been the intention of the legislature, it would have added the words, namely, or the order' after earlier phrase 'under this Act' as is always enacted in similar fiscal laws.
12. He referred to section 42 of the Value Added Tax Act, 1991 (Act XXII of 1991), in short..
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. ...... learned Special Tribunal was manifestly wrong in convicting and sentencing the accused-appellant on a charge of rape and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....ncorporated under the Companies Act, 1913. Admittedly, the same subsequently has been placed under the control, co‑ordination and supervision of the Bangladesh Petroleum Corporation pursuant to the provision of Bangladesh Petroleum Corporation Ordinance, 1976. Admittedly, the plaintiff was appoint......ing a written statement denying the material allegations of the plaint and contending, inter alia, that the suit is not maintainable in the present form as the prayers made therein are not tenable in law, the relationship between the petitioner-company and the plaintiff opposite party No. 1 was th..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... non-employment, the terms of employment or the conditions of work. (b) represent all or any of the workmen in any proceedings, (c) give notice of, and declare, a strike in accordance with the provisions of this Ordinance; and (d) nominate representatives of workmen on the Board of Trustee......dent No. 2. 3. The Petitioner-Company contested the said complaint case by filing a written statement denying the material allegations contending, inter alia, that the case was not maintainable in law as it was not the case of dismissal, but a case of termination simpliciter under section 19 of t..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....y can allot further shares at par, below per or above par/at premium. The only question that may arise following transfer of shares is the question of capital gain or loss, as to be treated under the provisions of the Income Tax Ordinance, 1984. ACC has no authority nor any scope to raise question t...... petitioner; (4) that, the buyer of the property in question was Accom-Engineering Ltd., not this petitioner; (5) that the sale of shares of the said company upon revaluation is permissible under the law as well as the same has not been treated as an offence under any of the law of the land and (6) ..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....ngerous." 29. In the case of Tarak Chandra Majhi Vs. Atahar Ali Howlader and others reported in 13 BLT (AD) 3 it has been held as follows: "In case of contentious writing, signature etc. though provision of section 73 of The Evidence Act permits the Court to compare the contentious signature w......Hossain, the learned Advocate appearing for the defendant-appellant after placing all the relevant materials on record submits that the judgment of the trial Court below is perverse being contrary to law and material evidence on record. 7. Drawing our attention to the opinion of hand writing expe..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
.... if filed. He further submits that the House Rent Controller being a mere conduit pipe, he was required by law to allow the petitioner to deposit the monthly rent, if deposited in accordance with the provisions of Section 19(1) (a) of the Act, 1991. He in support of his submissions referred to the d......for the month of May, 2005 he paid the rent on 16.6.2005 thereby he made himself a defaulter and since he was a defaulter and in unauthorised occupation of the case premises, he is not entitled under law to deposit the monthly rent with the House Rent Controller and the said case was liable to be re..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....i to file this Application, has submitted that the Loan Agreement itself provides for recourse against the Borrower should there be a case of default made out against the Borrower in keeping with the provisions of Article 20 of the Loan Agreement and that "only after the Borrower being admitted (sic......s a necessary party is not only incomplete but also premature. 9. It is noted that the stance so adopted by the Opposite Party in questioning the maintainability of this Application is inherently flawed. This is due to the Opposite Party having ignored the fundamental nature of the relationship t..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....e service of the contractual employees is governed by various Administrative Orders of BFCC and not by the Regulations of 1979 and such contractual appointments of the petitioners are against the provisions of the Bangladesh Biman Corporation Ordinance of 1977. The impugned Organization Order ......f Bangladesh Biman Corporation who were transferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to regulari..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....-2007, while investigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisions of law and thereafter cognizance was taken by the Metropolitan Senior Special Judge, Dhak......nvestigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisions of law and thereafter cognizance was taken by the Metropolitan Senior Special Judge, Dhaka and the case..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....f the powers of a Civil Court and he has himself adjudicated as to who was more competent of the two and although under the Waqfs Ordinance he has no authority to do so.” 3. Before examining the provision of section 43 and the scope of the power of the Administrator provided therein in the matt......ance 1960 (sic). And whether the learned Single Judge of the High Court Division in exercise of his revisional jurisdiction under section 115 of the Code of Civil Procedure acted in accordance with law in setting aside the order of the Administrator appointing the appellant as the Mutwalli which w..Category: Trust/Waqf Law | Date: | Hits: 188
.... issue Rule and the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of law is not......nd the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of law is not called for i..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
.... Relations Ordinance and shall not extend to the cases tried under the Employment of Labour (Standing Orders) Act although the same Labour Court tried both the cases under different laws. And no such provision has been made in the Employment of Labour (Standing Orders) Act. 13. This Court has rev...... is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case and the materials on record gave the decision in accordance with law and as such there is no illegality in the decision complained of calling for interference by t..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....conscious about the above proposition of law and hence he has taken recourse to an 'alternative argument and submits that the Presiding Officer and the Returning Officer have violated the mandatory provision of rule 40 of the Union Parishad Election Rules, 1983 by not preparing the result sheet an...... by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no legal effect and why the petitioner should not be declared as Chairma..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....g Act, cognizance can only be taken on a complaint made by a Drug Inspector which was not done in this case. 11. This is not of substance because under the Drugs (Control) Ordinance of 1982 that provision of the Drugs Act had been given a go bye as section 22 of the Ordinance provides that an o......tate. Mr. N. H. Khondakar having taken me through the judgment and the documents on record has submitted that the conviction and sentence as passed by the learned Court below cannot be sustained in law because the whole proceeding was incompetent and beyond jurisdiction because the complaint, ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....sistance and objection have been severely undermined and instead, oppressive and deceitful measures had been adopted by the respondents. (e) The ‘FAP-20’ activities are contrary to the various provisions of law of the land and violative of the fundamental rights enumerated in Part-III of the ......alling upon the respondents to show cause as to why all the activities and implementation of ‘FAP-20’, undertaken in the District of Tangail should not be declared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....f rule 5 of Order 38 of the CPC or fails to show cause against making an order of attachment, the Court may order his property to be unconditionally attached under sub‑rule (1) of rule 6. Under the provision the attachment is unconditional because a conditional order is made under rule 5(3). The c......on stating that the Court had advanced the date of hearing of the matter from 21-10-96 to 12-9-96 without serving copy of the notice on his Advocate, Mr. Ashrabuddin and that a copy was served upon a lawyer holding no power on his behalf and, so, the defendant made a prayer for vacating the order pa..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....cing fresh evidence. 4. Mr. Abdul Quyum, the learned Advocate appearing for the defendant-petitioner, submits that the learned appellate Court passed an order of remand whimsically and against the provision Order 41 rule 23 of the Code of Civil Procedure. The learned Advocate further submits that......rial and both the parties will be at liberty to adduce fresh evidence in support of their respective cases and thereafter the learned trial Court shall dispose of the suit on merit in accordance with law. The order of stay granted by this Court earlier is hereby vacated. In the facts and circu..Category: Procedural Law | Date: | Hits: 72
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