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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......l a sum of Tk.6,01,57,762/-in these two Accounts. This gave rise to Cantonment Police Station Case No.08 dated 26.10.2009 under Sections 2 and 4(2) of the Money Laundering Protirodh Ain, 2009 and the case was subsequently registered as ACC G.R. Case No.83 of 2009 in the Court of Metropolitan Magistr..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386........161 of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case No.11 dated 23.8.1978 pending in the court of Divisional Special Judge, Khulna Division, Khulna was stayed. 2. The facts of the case stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jamal Hossain, G..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......ion on two grounds, namely; (1) the document sought to be pre‑empted has not yet been registered under section 60 of the Registration Act and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face of it and in a..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......er, not done until 16.9.90. 3. In the application the petitioner has offered an explanation for the delay of 857 days in the following terms: "That it is humbly submitted that the petitioner's case is being defeated not on merits but on procedural and technical grounds for which the petitione..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......k within time allowed by the Bank therefore. As there is no ambiguity in the words, the provision of section 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. observed- "The r..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......lations, 1981 and that on the basis of the report of the Inquiry Officer the appellant was dismissed from his service by an order dated 29.11.82 communicated to him by the defendant No.5. The further case of the appellant was that before the passing of the order of dismissal of the appellant from se..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......). 4. The memo dated 18.5.2010 has been impugned in this Writ petition. 5. Respondent No.1 filed an affidavit-in-opposition denying all the material allegations made in the Writ Petition. The case of this respondent, in short, is that all opportunities were afforded to the petitioner and tha..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......ected against the judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the A..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
...... District Khulna, is that the suit land was gifted by the then Hindu Jaminder in favour of the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has also adduced and proved certain documents ..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......in writ petition No.2526 of 2010 willfully and deliberately flouted the same under the facts and circumstances and thereby committed contempt of this Court. 13. Before going into the gamut of the case let us first see what are the redeeming features governing the contempt of proceeding as a whol..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, as set out in the Writ Petition, in short is as follows: 3. The petitione..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......Tribunal due to acceptance of appeal of the petitioner and as such the Football Federation appointed Alamgir Faruk Chowdhury as Arbitrator of the Arbitration Tribunal and the petitioner submitted its case in writing before the Arbitrator. The points taken by the Nabarun Sangsad before the Arbitrator..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......ers Involved:
AY Salehuzzaman, Advocate ‑For the Petitioner.
No one ‑ For the Respondents.
Writ Petition No.2251 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- In this case a Rule Nisi was issued on 8.11.90 calling upon the respondent Nos.1, Chairman, Third Labour Cou..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
.... the Penal Code read with section 5(2) of Act II, 1947. 10. It is not disputed that in such a case where a public servant is involved the point of sanction to prosecute an accused goes to the very root affecting the jurisdiction of the Court. I have gone through the sanction order of the present ......9 of the Penal Code and sentenced him to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 500.00, in default to suffer RI for a further period of 1 month. 2. The prosecution case, in short, is, that appellant Abdul Hakim while he was Upazila Education Officer, Meherpur on 1..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ased the suit land from Nagendra by registered sale deed dated 16.2.62 vide Ext.'A' and by virtue of this purchase defendant acquired valid right, title and possession in the suit land. It is further case of the defence that alleged Bainapatra filed by plaintiff is forged and fabricated document ina..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......lication under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in interpretation of provision of section..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ue in the subsequent suit between the same parties the proper course is to approach the subsequent Court in which the suit is pending for staying trial of the suit. Miss Ara cites the decision in the case of Makhan Lal Chawdhury Vs. Chandi Nath Majuinder and others, 1931 Cal 779 wherein it has been ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....ion considered at all. In any view of the matter the direction of the appellate Court was mandatory for the trial Court and it was not merely a technical matter but a matter of substance going to the root of the question. The expression failure of justice is not capable of a very precise definition.......ault. 3. On 4.5.82 an application under Order 9 rule 9 of the Code bearing signatures of the name of the plaintiff was filed for setting aside the order of dismissal and it was registered as Misc. case No.28 of 1982. Before filing written objection the contesting defendant on 14.3.83 filed a peti..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......h School and appointed the respondent No.4 Mr. AKM Kader, an Assistant Teacher of the said School, in his place has been challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed as an Assistant Headmaster of Uttar Kafrul High Scho..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......quiry was not held fairly and impartially, the Enquiry Officer did not examine any prosecution witnesses in his presence and the petitioner was not given any opportunity to cross examine. 4. The case was resisted by the respondent 4‑the company. Its case was that on detection that the petitio..Category: Labour and Industrial Law | Date: | Hits: 115
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