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Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......e learned Assistant Judge that the issues involved in the two suits and the parties thereto are different. This finding of the learned Assistant Judge appears to be well-supported by the materials on record. The facts and circumstances of the present case being distinguishable from the facts of the ......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......fficer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any banker’s book or to appear as witness to prove the matters, transactions and accounts therein recorded without an order of the Court. Thus the bank enjoys special privileges not to disclose info......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....il in respect of some other movable properties also shows that she was the only surviving heir of Md. Ismail. The trial Court considered the aforesaid exhibits and decreed the suit relying on them as good admissible evidence in support of the claim of the plaintiff that she (Khairunnessa) was the le......lcutta Gun Repairing Works. Subsequently, the name was changed from “Calcutta Gun Repairing Works” to “East Pakistan Small Arms” and the authority concerned was requested for correcting their record accordingly. Since the Baitul Mokarram Managing Committee did not care to change their record......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......18-10-98 and the appointment letter has been annexed to the writ petition as Annexure-A. Since after his appointment on 1-11-89 the petitioner served under the respondents with an unblemished service record. The petitioner was confirmed to the aforesaid post in consideration of his service record. T......See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful autho..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ed Assistant Judge on a palpable wrong view of law and fact found that the pre-emption case is barred by limitation. On appeal, the learned District Judge on detailed consideration of the evidence on record set aside the finding of the trial Court on the question of limitation on assigning cogent re......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......and claimed to be tried. The prosecution in support of its case has examined 13 witnesses but the defence examined none. 3. The learned Additional Sessions Judge on assessment of the evidence on record found the petitioners not guilty of the charge under sections 302/149 of the Penal Code. He, ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ial Magistrate, Jhinaidah. The High Court Division also made an observation that the concerned Court "may enlarge the petitioners on regular bail considering the facts, circumstances and materials on record" if they surrender as per direction. 2. Mr. Shashanko Shekor Sarker, the learned Deputy At......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......ndants having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs hav......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......y of the said Waqf Estate. Accordingly, discharging the Rule in the Writ Petition No.1324 of 2004 only on infructuous grounds has caused serious prejudice to the petitioner.
6. It appears from the record that the Government has the title to the properties for which tender for lease was invited in...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......as not found satisfactory by the authority and was rejected. The petitioner was punished by stopping one annual increment. He was informed about the same on 5-11-85. He was re-instated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal da..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129....... Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case it is necessary to scrutinise the relevant evidence on record. 7. PW 1 Mst Asia Begum stated in her evidence that she was previously married to Arab Ali......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......mpleaded in the case. 5. At the trial the prosecution examined six witnesses and the defence examined none. The learned Magistrate on detailed discussion and proper appreciation of the evidence on record found the accused persons guilty under sections 447/323/354 of the Penal Code and sentenced t......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....judgment debtor in civil prison without issuing any prior notice to show cause, in other words without following the provision under Order XXI rule 37 of the Code of Civil Procedure. 7. By now, in good number of cases, the law point involved in the present writ petition, has been settled. We have......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......, that after commencement of the execution proceedings, the decree holder bank issued notice under section 30 of the Artha Rin Adalat Ain, 2003 and it was returned to the executing Court after proper service upon the judgment debtors. The writ petitioner appeared before the executing Court on 14.9.2..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....ce at 71 Dilkusha Commercial Area, Dhaka and having one of its branches at Chapai Nababganj, Nababganj. The petitioner being a banking Company is involved in banking business with high reputation and goodwill, including maintaining banking norms, secrecy and confidentiality of the accounts of variou......e bank is not party be compellable to produce any banker’s book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause." 10. This provision of ......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... further stated that the Writ Petition, Rule and the stay order issued on 24-3-97 was served upon the respondents, the Government and the University Grants Commission. But the respondents in spite of service of these remained silent and allowed the University to continue its normal activities withou..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......ation for amendment of the plaint does not in any way tend to change the nature and character of the suit. The Rule is not opposed. 10. In view of the facts, circumstances, and the materials on record I am of the opinion that the learned Additional Assistant Judge was not correct in rejecting ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....pecial Martial Law Court and he had suffered imprisonment of long nine years and, as such, it will not be expedient that the case should now be prosecuted afresh. This argument drawn from misery is a good, argument for being considered at the end of the case and in the event of this petitioner being......hali and the learned Sessions Judge after hearing the learned public prosecutor passed an order on 26-11-96 for disposal of the aforesaid GR Case No.1 of 1983 in accordance with law and sent the case record to the District Magistrate, Noakhali, with a direction to send the case record of GR Case No....... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... witnesses. During trial the condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of the state to defend him as it appears from the record although this was a case involving capital punishment. 3. It appears that by order No.19 d...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......learned Advocate in support of Rules are that no criminal proceeding is legally maintainable against petitioners under section 55 of the Industrial Relations Ordinance, 1969 since there is nothing on record to show that they refused to comply with the order passed by the Labour Court and that the or......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231...
Category: Labour and Industrial Law | Date: | Hits: 184
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