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....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......the Oil Mills headed by the Managing Director gave the undertaking on 23-3-1996. So, it is seen that in the second bond also it has been stated that M Habib Mills (BD) Ltd. is bound to agree to any review decision to be taken by Gas Company and ourselves. In such position it cannot be said that the ..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......erving the procedure laid down in any law or rules, a citizen should not be deprived of his right of enjoying equal benefit. 6. We have considered the argument of Mr. M Amirul Islam. We are of the view that the principles contained in Part II of the Constitution are the fundamental principles of ..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aid Court is vested with the same self-jurisdiction as any other court is having in addition to the jurisdiction vested in it by the Artha Rin Adalat Ain. The learned Advocate further submits that in view of section 5(4) of the Artha Rin Adalat Ain there is no difficulty in disposing of other Civil ..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ...... interest of a minority shareholder. 6. The respondent No. 2 by filing an affidavit-in-opposition denies the material allegations and further submits that this petition does not come within the purview of section 233 of the Companies Act, 1994 as the petitioner is not a minority shareholder. That..Category: Company Law | Date: | Hits: 220
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......he plaint and stay of further proceedings of the suit. Order 7 rule 10 of the Code has provided the circumstances in which a plaint of a suit should have to be returned for filing in proper Court. In view of the provisions of section 41 of the Act, even if such provisions for return of the plaint is..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ng the legal provisions as contained in section 94 along with other allied provision laid down in section 2(16) of the Code, Order XXXVIII, rule 1, section 16(d) and section 151 of the Code, held the view that the impugned order of the learned Subordinate Judge is not sustainable in law. 9. The f..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......arte order dated 21‑9‑93 and restoration of the Miscellaneous Case (Pre‑emption proceeding), alleging, that when the case was taken up for hearing, their appointmeted Advocate went to toilet in view of his suffering from diarrhoea and, as such, their petition dated 19‑9‑93 regarding the ac..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26....... an unskilled labour the petitioner can go up to Grade‑6 level whereas as a Darowan, a security staff, the petitioner can go up to Grade‑3 level at best. The learned Advocate further submitted in view of section 2 (XXVIII) of the Industrial Relations Ordinance (IRO), 1969 after joining the post ..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......isted as per recommendation of the said committee, Annexure‑E. The petitioner, however, passed the entire bills of the contractor for the works though the same remained incomplete and defective in view of the fact that the financial year 1998‑1999 was about to expire and a request made to that ..Category: Anti-Corruption Laws | Date: | Hits: 138
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......nt did not apply its mind as to the actual requirement of Radio Bangladesh for installation of Transmitter which is apparent from the decision of the Government as contained in Annexure-E and in that view of the matter the exercise of power of the Government was arbitrary; that the retention of the ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......e hajira was actually filed on behalf of the opposite party. In the hajira, only the case number was given but the year was not written and as a result the hajira might have been misplaced. Upon such view of the matter, Court below set aside the order of dismissal and restored the case to its file a..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......d 30-12-95 and a Shikriti Patra dated 26- 2-1997 with his admitted signature. 4. The learned Senior Assistant Judge rejected the said application. In recording rejection the learned Judge took the view that onus of proving documents are upon that party who produces those and opinion of the handwr..Category: Family Law | Date: | Hits: 185
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ...... based on wrong description of the property in the plaint is subject to correction and the court merely found inconveniences of the parties and did not disturb the preliminary decree and holding this view has rejected the prayer for amendment under Order VI rule 17 of the Code of Civil Procedure. Th..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......be allegation of deception at the initial stage of the transaction. The present First Information Report does not disclose any such deception on the part of the present petitioners. So, we are of the view that the allegations made in the First Information Report do not disclose any offence either un..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......isposes the party in possession, when the documents submitted by the plaintiff-petitioner discloses prima facie case an order of temporary injunction should be passed to avoid further complication in view of present social condition and the tendency of litigant public to use force to come to possess..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......nsation as in the discretion of the Arbitrator and the Tribunal appear to be fair and equitable. 8. As against the aforesaid submissions, the learned Deputy Attorney-General, has submitted that in view of the provision of clause (2) of Article 42 of the Constitution petitioner’s application und..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......el Brothers the respondent No. 7, approached the petitioner proposing some unreasonable and illegal terms for becoming a tenant but the petitioner did not accept and demanded the vacant possession in view of the Government direction. 7. The Ministry of Works also accepted the petitioner as a less..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......t the impugned order of acquittal is not sustainable in law. I find sufficient grounds in the submissions made by the learned Advocate for the petitioner and these are accordingly sustained. 8. In view of the discussions made above, the revision succeeds and the Rule is made absolute. The impugne..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......haser paying the balance of the price and the vendor would execute the sale deed, falling which the earnest money paid would stand forfeited and the vendor would be free to sell the land anywhere. In view of such stipulation, he submitted, the time was made an essence of the contract. The suit broug..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......is of the evidence collected by the first investigating officer, submitted charge-sheet on 30‑8‑2000 under sections 7 and 9 of the aforesaid Ain against the accused appellant for abduction with a view to forcibly marrying PW 2 and also for committing rape on her. 3. On receipt of the case re..Category: Criminal Law | Date: | Hits: 43
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