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Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......illing Master should not be granted. In support of his contention he cited that case of SE Kabir Vs. Spencer & Co, (Pak) Ltd and others reported in 21 DLR 581 wherein it has been held that in the absence of any statutory provision protecting the servant, which have the impact of keeping the serv......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....ithin nine months. Then, he was given the works of rest three groups. 11. Now, it is the case of the plaintiff that he completed works of Taka 10,50,965.74 cubic meters in seven groups of work and total payment became due was Taka 20,22,35,625.10. Running payments made against said seven groups o......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ...... empowered to arrant mandatory injunction in ad interim form under Order XXXIX rule 1 and/or 2 of the Code of Civil Procedure. In extraordinary case of urgency, the Court even can invoke its inherent jurisdiction under section 151 of the Code of Civil Procedure to compel performance of certain acts...

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......and both the Courts below answered the same against the plaintiffs on consideration of the evidence on record. Therefore, there is no scope to reopen the matter by this Court in exercising revisional jurisdiction. It also appears that the trial Court considering the evidence of the PWs and the DWs c..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ion the Appellate Court directed the defendants to allow the plaintiff to continue in service in his post with all benefits. 44. Such direction was no doubt, based upon the declarations and in the absence of such direction the effect of the declarations would have the same effect since no one is ......r and others for a decree of declaration that termination of his service in the bank by defendant No. 2 by letter dated 19‑9‑81 dispatched vide memo No. 3392A was illegal, malafide, void, without jurisdiction and not binding upon him and that the plaintiff was still in service. The suit was then..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749....... mentioned here that specific performance of contract is an equitable discretionary relief. An injunction is also a discretionary relief. In the instant case whether the resolution is void or without jurisdiction and declared to be void could be decided only at the trial of the suit. Defendant No.6 ..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ...... get rid of President's Order 16 of 1972. 12. The Court of Settlement also arrived at a finding that whereabouts of the lessee after the war of liberation has not been proved by the petitioner and absence in the suit also lend support that the buildings fall within the mischief of President's Ord......nd denied the allegations made in the affidavit‑in­-opposition. 7. Mr. MI Faruqui, the learned Advocate appearing for the petitioner, has submitted that the Court of settlement has exceeded its jurisdiction in assuming the jurisdiction as a civil Court and acted as an appellate Court in decidi..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......he vessel ‘MT Dolores’ on the ground that the Admiralty Court of this Division entertained the plaint illegally as the statements made therein does not disclose any cause of action to attract the jurisdiction of the High Court of Admiralty under section 6 of the Admiralty Court Act, 1861 and con..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......e Syndicate by the impugned resolution and the assent thereto by the Chancellor thereby amending clause 8(2) of the First Statutes of the Dhaka University Ordinance, 1961 are also illegal and without jurisdiction on the ground that the said amendment effecting change in the name of Salimullah Muslim..

Category: Civil Law | Date: | Hits: 63

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ts and Exports (Control) Act, 1950 has defined the term "import” which means 'bringing into Bangladesh,’ in that view of the matter on the date when the goods were brought it into the territorial jurisdiction of Bangladesh the restriction imposed by SRC No.17 dated 27‑1‑2004 was applicable, ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

.... the purpose of determining the real question in controversy between the parties as asserted in their respective pleading and not for the purpose of determining facts which are introduced by making a total change of the nature and character of the original written statement. After the conclusion of ......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51...

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....family arrangements, daughter Hamida got 7 sataks in the plot No.241 and Sajeda got 71Z sataks in plot No.241. Korban Ali got 13½ sataks. Hatem Ali got in other plots. In CS khatian No.55 there were total 5.67 acres of land under 12 plots. Hamida Khatoon has gifted her 7 sataks land to the plaintif......statements that Hamida transferred 7½ sataks of land to him under a Heba Deed No.5190 dated 8‑4‑1991 and another 7½ sataks from Sajeda's children by way of exchange could not be accepted in the absence of authentic deed of family arrangements and also in view of the fact that the RoR khatian w......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ...... Code of Civil Procedure for rejection of the plaint mainly on the ground that section 45 of the Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit challenging any act done, order passed or pro..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......us standi to file the same; III. Whether the High Court Division erred in setting aside Order No.49 dated 19.01.2009 passed by the Joint District Judge, Artha Rin Adalat, as suffering from lack of jurisdiction; IV. Whether the High Court Division acted illegally in setting aside the orders pas..

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....uperficial consideration of the evidence on record have believed the plaintiffs claim for exe­cution of the contract for sale of the suit land and payment of advance amount of Tk.60,000/- out of the total consideration amount of Tk. 1,05,000/- and in that view of the matter, the High Court Division......earned Judges of the High Court Division exceed­ed their jurisdiction in reassessing the evi­dence while excising the revisional juris­diction and reversed the concurrent find­ings of fact in the absence of any misread­ing or misconstruction of any document or non-consideration of materials on ......le relying upon the subsequent events of enmity between the defendant and Md. Shaheb Ali (P.W.3). Learned counsel further contended that the learned Judges of the High Court Division exceed­ed their jurisdiction in reassessing the evi­dence while excising the revisional juris­diction and reversed..

Category: Civil Law | Date: | Hits: 55

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......e accused persons on dock pleaded innocence and demanded justice. Absconding accused Azimuddin Mahmud, Elahijan and Paritosh Rakshit were defended by a State Defence Lawyer in the trial held in their absence. 4. The defence case, as it appears from the trend of cross-examination of the prosecuti......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68