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Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......tion amounting to Taka 1000 and that the plaintiffs created an antedated agreement by false personification. 5. The learned Subordinate Judge, 2nd Court, on consideration of the evidence on record, both oral and documentary, as adduced by the parties decreed the suit by his judgment and de......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......ts that the impugned order dated 22-6-04 passed by the Adalat under section 34(1) of the Ain in connection with Writ Petition No. 6612 of2004 is without lawful authority as because on the face of the record it appears that the execution proceeding though initiated under the Ain, 1990 but after pro......ecution case was shown transferred under section 60(3) of the Ain by the learned Joint District Judge and Artha Rin Adalat, 1st Court, Chittagong to the same Court vide order dated 9-6-03. Later, the service of notice under Order XXI, rule 30 of the Code of Civil Procedure (hereinafter referred to a..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......The principle of natural justice having been followed in this case we find no scope whatever for Court's interference with the authority's finding and decision imposing compulsory retirement from the service. The petitioner was appointed in the post of Sub-Assistant Engineer on 11-11-1982 under the ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... seisin of the impugned proceeding under the repealed Ain, 1990, which is to deal with the new law of 2003 having the same purpose. Hence, in real term there has been no transfer of the suit, file or record from one court to a different Court. As such, the impugned order dated 1-10-03 "Annexure "C" ......Justice Md. Habibur Rahman and Mr. Anisuzzaman's "আইন শব্দকোষ" published by Anyaprokash at page 345 he submits that the word "earned income" means "for tax purpose as a reward for service rendered." Upon citing those dictionary meanings the learned Advocate submits that the dicti..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......eized currency note to the police station. Subsequently, the same was referred to Bangladesh Bank for expert opinion. On receipt of the report he (PW 1) lodged the first information report, which was recorded as Kotwali Police Station Case No. 13 dated 12-3-1991 corresponding to GR No. 75 of 1991. ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....fusion in the minds of the purchasers and such use is likely to deceive the people and the purchasers. The similar or identical trade mark consisting of the word ‘Liberty' in respect of the similar goods falling under the same class has recently been registered in Bangladesh for the Liberty shoes.......e Tribunal about the admissibility of the documents filed under the affidavit sworn by the partner of the company, as it appears from the impugned judgment and order of the Tribunal and also from the records. However, such objection as to the admissibility of the evidence adduced under oath by the r......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......d by the accused-petitioner in Criminal Miscellaneous Case No. 2726 of 2004 where Rule was issued for transfer of the case. The said Rule was discharged by this Court. Since there is some material on record speaking complicity of the accused petitioners, we are of the view that the allegations made ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....ed the merit of his decision which has caused failure of justice. 16. Having regard o the facts, the legal plea taken by the learned Counsel for the petitioners prevails and appears to have a good deal of force. 17. Having considered the facts and circumstances of the case and forego......se, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; that the suit property was wrongly recorded in the names of other persons who have no interest in the suit property. Hence, the suit. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... of Administration before the District Delegate, Khulna in Miscellaneous Case No. 1 of 1966. Surendra Nath Biswas obtained Letter of Administration and possessed the property, mutated his name in the record of right and subsequently he died. The property was enlisted as Enemy Property in VP Case N......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... any Rule Nisi but by its order dated 18-7-2005 directed respondent Nos. 2 and 3, namely, the Vice-Chancellor and the Registrar in charge of the National University, to certify and transmit (i) the record of the Selection Board constituted on 9-2-2005 (ii) minutes of the Syndicate meeting held bet......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......ess and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the evidence oral and documentary on record, the learned Subordinate Judge held that- a. opposite party failed to prove that Sarwat Ja......Check form dated 16-1-90 deceased Shahabuddin Ahmed Khan declared him to be his next of kin and, as such, no one except him could obtain a succession certificate. Shahabuddin Ahmed Khan died while in service of the Bangladesh Air Force and the Air Force Act would govern the case. Under the Successio..Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......Bura Yunus, Nannu, Nazir Hozrot, Kalam Mia, and Gulkata Moksed, who were with them. Thereafter, he lodged the FIR narrating the said facts with the Lalbagh police Station. 5. After the case of records were sent before the learned Sessions Judge, the learned Assistant Sessions Judge, who took ...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 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: 59 DLR (2007) 546.......ee in accordance with Rupali Bank Employees Service Rules he was removed from service. So, he was not liable to be reinstated in the service. 4. At the trial, the learned Assistant Judge after recording evidence both oral and documentary adduced by the parties on consideration of the same dec......as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining report and to allow him to join in his service treating him still in service and giving him all past financial benefits of service includin..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......gistrar of Joint Stock Companies, Dhaka (Annexure C). It is further stated that the name of the petitioners did not feature in any CIB list issued by the Bangladesh Bank before 20th May, 2001 and the record communicated to him recently about his name being included in Bangladesh Bank's CIB List has ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....are unable to accept the submissions advanced by the learned Counsel for the petitioner. On the contrary the submissions made by the learned Counsels of the respondents prevails and appears to have a good deal of force. 17. In view of the discussion made above and the preponderant Judicial view e......s not at all maintainable in the eye of law. 9. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ petition, as well as the other materials on record and given our anxious consideration to their submissions. 10. Now, the question calls for......e declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner is a renowned physician. On 3-11-1997, he joined in the service. Thereafter, he was promoted to the post of Civil Surgeon. On 10-2-2005 he was posted as C..Category: Employment/Service Law | Date: | Hits: 89
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141....... Annual General Meetings before the disposal of the appeal would irreparably prejudice his interest as the annual general meetings would be held without giving him adequate opportunity to examine the records including the. 5. This Court, in the circumstances by order dated 19-3-1998, condoned the......quently balance sheet and the profit and loss accounts for the said years could not be said to have been approved and duly authenticated. It is also asserted in the application that in the absence of service of notice of the aforesaid board meeting the annual general meetings for the years 1982 to 1..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......s. In all the Rules common question of law having been raised these are being disposed of by this judgment. 3. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that court below acted illegally in rejecting the applications under section 26 of ...... respondent creditor bank Bankruptcy Cases are barred by the principles of res judicata. 4. Learned Advocate for the respondent Bank after placing the affidavits-in-opposition submitted that after service of notices upon the petitioner by the Bankruptcy Court no written objections under section 2..Category: Civil Law | Date: | Hits: 78
Category: Labour and Industrial Law | Date: | Hits: 109
Category: Administrative Law | Date: | Hits: 215