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Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....onal Deputy Comptroller and Auditor General by his letter dated 17‑3‑2002 (Annexure‑4) informed the Secretary of the Election Commission that in accordance to section 20(2) of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982, the amount of gross pension of Tk. 12,000 ha......lready 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. ......een 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. ......urisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Chief Election Commi­ssioner and 3 others....................Petitioners Vs. Controller and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result: This Ru..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....ntly from disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 which was pending before the court of Subordinate Judge at time of moving this petition. However, the petitioner No.2 along with 3 others voluntarily ......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. ......idenced 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. ..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

.... No.4194 of 2001. Judgment Afzal Hossain Ahmed J.- This Rule is directed, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of......001 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.......ereby 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. ......ppeal 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. ...... 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

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....ell-settled theory of precedents every decision contains three basic ingredients, (i) Findings of materials facts, direct and inferential. An inferential find­ing of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicab......8 (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. ......xure-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. ......VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: The Rule is made absolute. Cases Referred to- Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble Works Ltd, 62 DLR (AD) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC)..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

.... For Respondent No. 7. First Appeal No. 492 of 2001. Judgment Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5......ide. 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. ......rned 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. ......nt of the suit. 8. On 6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the sch..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7‑99 passed by Additional District Judge at Bagerhat in Title Appeal No.275 of 1995 reversing those dated 22‑8-­95 of the Subordinat......eld. 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. ......er 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. ......hree daughters inherited the suit land left by Paban Mondal in limited life interest only. Then, the daughters died one after another, first Chota Panchi, followed by Jhoharmoni after independence of Bangladesh in 1971 and lastly, Boro Panchi. After the death of all the daughters, the plaintiffs alo..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... 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. ......f 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. ......ment. 3. In order to appreciate the issues raised, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection and survey of export and i..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....‑ For the State. Criminal Appeal No. 1459 of 1999. Judgment Gour Copal Saba J. - This appeal is directed against the judgment and order dated 1‑6‑1993 passed by the Additional Sessions Judge and Nari-o‑Shishu Nirjatan Daman (Bishesh Bidhan) Tribunal, Netrokona in Nari‑o‑Shishu N......y, 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. ......ed-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)

.... instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 to show cause as to why the judgment and decree dated 8‑3‑2000 passed by the teamed Subordinate Judge, Commercial Court No. 2 Dhaka, in Title Appeal No. 266 of 1998, dismissing the appeal and ther......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. ......st. 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. ....... The farther case of the plaintiff is that the petitioner company, Padma Oil Co. Ltd., is a Public Ltd. Company having their Head Office at Chittagong and the shares of the said Company were held by Bangladesh Petroleum Corporation, as well as by several financial institutions, public institutions ..

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.......fect. 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....... MA Azim Khair, Advocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....i Corruption Commission (ACC). Criminal Miscellaneous No. 9051 of 2011 (Application u/s 561A CrPC for quashment of proceedings of the Special Case No. 18 of 2007 pending in the Court of Special Judge, Court No. 3 Dhaka.) Judgment Md. Rezaul Hasan J. - This rule under section 561A of the......ioner 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....... 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)

....med, Advocates – For the appellant. Hosneara Begum, Advocate - For the respondent. First Appeal No. 511 of 2000. (Against the judgment and decree dated 23.11.1999 passed by the Subordinate Judge (now Joint District Judge) Additional Commercial Court No.1, Dhaka in Title Suit No. 145 of 19...... 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.......efendant 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.......nt Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and oth..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....m, Advocate with him Sarder Abul Hossain, Advocate - For the Opposite parties. Civil Revision No. 3254 of 2007. (Against the judgment and order dated 28.6.2007 passed by the Additional District Judge, Second Court, Narayangonj in Miscellaneous Appeal No. 36 of 2006.) Judgment Md. Delwar......rection 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.......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.  ...... 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.  ......osite 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.  ......iciagade, 1310 Kobenhavn K., Denmark............................Petitioner Vs. Northern Corporation Limited, having its office at Plot No. 91, Block K, Suhrawardy Avenue, Baridhara, Dhaka-1212, Bangladesh...........Opposite Party Judgment October 28, 2010. Result: This Application ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....re equal in the eye of law, meaning thereby that it will not accord favoured treatment to persons within the same class.”  55. On consideration of the views expressed by these distinguished Judges and Authors as to the meaning of the phrase “equality before law and equal protection of th......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. ......, 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. ......nal Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners  Vs.  Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-2007 corresponding to ACC General Register Case No.160 of 2007, now pending in the Court of Special Judge, Court No.2 Dhaka, should not be quashed and or pass such other or further order or orders as ......iving 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. ......le 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. ...... 55 DLR 596; 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; 59 DLR 407; Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 B..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....hether the appointment of the appellant as the Mutwalli of Waqf estate by the Administrator of Waqfs is in conformity with section 43 of the Waqfs Ordinance 1960 (sic). And whether the learned Single Judge of the High Court Division in exercise of his revisional jurisdic­tion under section 115 of t......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....... 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.......competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to re..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....n the constitution of the said Trade Union. But as the Registrar did not comply with the order of the Labour Court, the said Trade Union instituted Other Suit No. 68 of 1988 in the Court of Assistant Judge, Second Court, Sadar, Chittagong for both mandatory and permanent in­junction, with the praye...... 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.......est 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.......e opposite party No.1 herein is a trade union known as Kaptai Rope Line and RD & BB Project Workers Union bearing Registration No.593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnap..

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....tion 36, shall be final and shall not be called in question in any manner by or before any Court or other authority." 12. So, obviously the order of sentence passed by a Magistrate and the Special Judge is appealable to the appellate authority under the Code of Criminal Procedure but this prefere...... 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. ......e 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. ......uary 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md...

Category: Labour and Industrial Law | Date: | Hits: 177