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Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ...... 2-4 as their arbitrators and accordingly, an Achalnama was executed on 02.01.1980. The Arbitrator issued notice upon the parties on 30.03.1980 fixing the date 30.04.1980 for supplying them necessary papers for settlement of the land. On the prayer of the parties the date of supplying papers were sh......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..

Category: Property Law | Date: | Hits: 30

Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)

....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......ule affirming the judgment and order of the appellate Court. 10. We have heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. The learned counsel submits that the father of the plaintiff and then the p......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...

Category: Property Law | Date: | Hits: 33

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

....at him to get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of R......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ...... Judgment Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ..

Category: Labour and Industrial Law | Date: | Hits: 93

Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)

....and 2(b) that after acceptance of the commissioner’s report some time should have been given to the parties to challenge the order before this court has got no substance in that the law namely, the relevant provisions of the Code as have been discussed and quoted herein above do not provide so. Th......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..

Category: Property Law | Date: | Hits: 32

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ...... Case is also Reported in: 52 DLR (HCD) (2000) 125. ......ion and stated that 90% compensation have been paid to the owners. But award of compensation in respect of 74 decimals of land could not be prepared on account of non-submission of proper records and documents by the owners of the said land. 8. Learned Advocate for the petitioners after placing t..

Category: Property Law | Date: | Hits: 27

Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)

.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......(2000) 120....... and at the same time vacated the order of ad-interim injunction dated 22-4-1999. In the said order learned Judge allowed the prayer of the plaintiff-petitioner in the matter of recalling some tender documents from the office of the defendant No. 4. Learned Judge on the basis of an application for m..

Category: Property Law | Date: | Hits: 34

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ...... 3. The Debt Settlement Board consists of five members, respondent Nos. 1-5, of which respondent No. 1 is the Chairman. After filing of the written objection the case was fixed on 3-12-91 for filing papers on behalf of the respondent No. 6 and the matter rolled on and it was again fixed on 3-5-1992...... High Court Division (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque J Salim (Md) …………………….Petitioner Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents Judgment Novembe...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ..

Category: Property Law | Date: | Hits: 24

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

....spondent Nos. 8 and 9. 6. Mr. AF Hassan Ariff, the learned Advocate appearing with Mr. SK Golam Hafiz for the petitioner, has taken us through various Annexures to the writ petition and placed the relevant laws and vigorously submits that the petitioner is a genuine investor in the DSE under Clie...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve......ugh respondent No. 6. The learned Advocate submits with force that since the Netting Position Confirmation Sheet vide Annexure. A and the Netting Statement vide Annexure-B, which are legal and public documents, clearly show that the shares in question were sold by DSE and share scripts thereof were ..

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... a very exhaustive judgment covering nearly all legal aspects of the matter before us we feel that it would be convenient to appreciate the submissions made by the learned Counsel by referring to the relevant parts of that judgment which are indeed very lengthy but necessary to take note of by us. T......at the intention of the callers of the bundh is to ensure that no activity either public or private is carried out on that day, is also clear from their further statements sometimes made that the newspapers, hospitals and the milk supply is excluded from the bundh. This clarification obviously impli......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....sion further passed an order that the said Writ Petition should be treated as a continuing mandamus and allowed the writ petitioner or other party or any other respondents to seek directions from the relevant Bench of the High Court Division in respect of any ambiguity raised regarding the direction......e legally bound to protect the River Buriganga, Shitalakkha and Turag, in accordance with law. 12. It was stated that on 17.05.2009 to 22.02.2009 different reports were published in different news papers such as Daily Star, Daily Ittefaq, Daily Jonokontho and Bhorer Kagoj that at different places...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....olding acquired after the record date i.e. 25.09.2005. The respondent Nos.1 to 17 purchased their shares with full knowledge by way of the public notices published by the respondent No.18 Company and relevant direction of Securities and Exchange Commission dated 18.07.2004 that if they purchase thei......ent and order dated 11.06.2008 is liable to be set aside. 30. Leave was granted to consider the above submissions. Heard the learned Counsel and perused the paper books of the appeals and other papers on record. Mr. Rafique-ul Huq, the learned Counsel appearing for the appellant in C. A. No......an.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B. M. Khalequzzaman and others.........Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- ......mitted that accounts and balance sheets of a particular financial year for a company, once audited and certified by the auditors and approved by the Board of Directors are published and become public documents and as such cannot be altered. As prescribed by Section 38 of the Banking Companies Act 19..

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......ract of hire of the vessel in question was terminated or not and even whether a suit in personam is maintainable or not. 9. This Court on hearing the plaintiff­-petitioners and on perusal of the documents filed on their behalf, passed the following order on 2nd April, 2002: "Heard the learne..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49....... once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......also prayed for perpetual injunction. 3. Both the suits were tried together, one set of evidence was led by the parties. Both the parties examined equal number of 5 witnesses and adduced number of documents. The trial Court dismissed both the suits on contest. Two appeals were preferred therefrom..

Category: Property Law | Date: | Hits: 27

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....he opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court in Civil Rule No. 229 (FM) of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff institute......er did in fact pay rents and electric bills upto June 1999. It appears that the petitioner, in fact, did not attach any such paper with that application and without doing, so she had shown that those papers were attached and she also did not produce any such paper before us. If she had attached thos......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha......id not attach any such paper with that application and without doing, so she had shown that those papers were attached and she also did not produce any such paper before us. If she had attached those documents with the said application that would have gone a long way to establish her case but non‑..

Category: Property Law | Date: | Hits: 34

Bhola Vs. State, 2001, 30 CLC (HCD)

....nd cry many people appeared at the place of occurrence. She denied the suggestion that she did not tell the Investigating Officer that accused persons did not tell her father to go with them with the relevant papers and accounts of money so far he paid to the accused for purchasing the land, or the ......ny people appeared at the place of occurrence. She denied the suggestion that she did not tell the Investigating Officer that accused persons did not tell her father to go with them with the relevant papers and accounts of money so far he paid to the accused for purchasing the land, or the accused p......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...

Category: Criminal Law | Date: | Hits: 41

Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)

....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ned judgment and the learned Labour Court taking a correct view of law and fact rightly passed the impugned judgment. 7. We have perused the application and the affidavit-in-opposition and the papers annexed therewith and considered the submissions made by the learned Advocates of both the pa......sent: Syed Amirul Islam J SAN Mominur Rahman J Hotel Agrabad Ltd……………………………………………………Petitioner Vs. Chairman, Labour Court and others ………………………Respondents Judgment June 22, 1999. Lawy......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..

Category: Labour and Industrial Law | Date: | Hits: 121

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....ng considered by this Court and the same is an amendment to Jaruri Khamata Bidhimala 2007 namely, the said Rules made by SRO 30-Ain/2007 published in the Bangladesh Gazette on March 21, 2007 arid the relevant part of the said Legislation reads as under: (ক)........................................n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....on behalf of the Managing Director, Jamuna Ferti­liser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are as under: 3. The petitioner, a reputed busi......bove statement, seized the cash memos and stock register of the petitioner. The petitioner contracted with the Assistant Director and explained all the facts to him and requested him to give back the papers seized but without responding to his request the Assistant Director sent an inquiry report to......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..

Category: Civil Law | Date: | Hits: 74

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

...., 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Sma...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......02. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......also from the application for condona­tion of delay that the petitioner was unaware about the case and he was at his locality and was plough­ing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but he being a poor cultivator had no means to be a ...... State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3­-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..

Category: Criminal Law | Date: | Hits: 36