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Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......n Adalat can be transferred to any other Court for analogous hearing or any other suit can be brought to this Court for analogous hearing with the suit filed in the Artha Rin Adalat and it is settled law that Artha Rin Adalat is not a full-fledged Civil Court. It has been created by special enactmen..

Category: Civil Law | Date: | Hits: 82

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......ustoms duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing exemption under section 19 of the Customs Act, 1969, hereinafter referred to as the Act, was lawful, valid and constitutional. 2. In the writ petitions, the petitioners are not the same ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

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. ......spondent No. 3 on the recom­mendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educati..

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.......ide the order of the learned Subordinate Judge granting a certificate and the application. 8. Mrs. Lucky Begum, learned Advocate for the petitioner, submits that the Court of appeal below erred in law in setting aside the order granting succession certificate on the view that the mother had no le..

Category: Property Law | Date: | Hits: 36

Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......d in such case the plaintiff may take recourse to section 151 CPC for rejection of counter claim, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue of law under Order XIV rule 2 CPC and make the issue decided at first. In paragraphs 20 and 21, the App..

Category: Procedural Law | Date: | Hits: 67

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.......W 8) has been examined as PW 4, Abu Sayed (PW 7) has been examined as PW 5 and Monaymul Islam (PW 14) has been examined as PW 12. 14. We would like to observe that on a total misconception of law the prosecution had instituted two separate cases over the same subject matter, although law aut..

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.......ved false. After getting acquittal of the charge he in writing and orally repeatedly requested the defen­dant No. 2 to allow him to join in his service, but in vain. Then he on 10-9-1995 through his lawyer served a legal notice upon the defendant No. 2, who asked him to meet with him in his office ..

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. ......of the petitioner as a defaulting loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..

Category: Banking Law | Date: | Hits: 124

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......aiting for 90 minutes without any submissions and as such, we are satisfied that he is not interested to place the Civil Petition for leave to Appeal for hearing. We are constrained to point out that law will take its own course if he fails to place his petition for leave to appeal, but without any ..

Category: Property Law | Date: | Hits: 73

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......e of Senior Assistant Secretary, vide memo. No. পার-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..

Category: Employment/Service Law | Date: | Hits: 89

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145....... the suit. 3. The defendants contested the suit by filing written statement denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law and it is bad for defect of parties. It was also contended that the plaintiff has no title and p..

Category: Procedural Law | Date: | Hits: 76

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.......Court that “the company shall allow the objector to participate in the affairs of the company in his position as a director and/or share-holder and in the annual general meetings in accordance with law” can not be considered as a direction and as such holding of the said meetings in non complian..

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....... upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the..

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......he appellant having been allowed to continue in employment for two years after such medical examina­tion, termination of employment with­out notice to show cause against such termination is without lawful authority and as such, the High Court Division erred in discharging the rule without consider..

Category: Labour and Industrial Law | Date: | Hits: 109

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....ecord fur­ther submitted that the plaintiffs suit for mere declaration is not maintainable without a further prayer for partition and as such, virtually directed to add a new prayer for partition by amending the plaint; that the suit is barred by limita­tion inasmuch as the agreement of the defend......udgment in the light of discus­sion made in the body of the judgment and to allow the appellant to file an application for partition, if any, and thereafter to dispose of the case in accordance with law. 4. Leave was granted to consider the submissions of the learned Advocate-on-Record for the a..

Category: Property Law | Date: | Hits: 37

Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......ounsel appearing for opposite party Bangladesh Shilpa Rin Sangstha, support, the impugned order and contends, inter alia, that the learned Subordinate Judge and Artha Rin Adalat committed no error of law in passing the impugned order. 6. We have carefully gone thorough the impugned order and othe..

Category: Civil Law | Date: | Hits: 79

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......qif and then, as the present mutawalli instituted the suit to rescue the waqf property from illegal alienation, which he was grab the waqf properties in fraud of the waqf and entitled to do under the law. The Court of appeal below was therefore wrong to affirm the conclusion of the trial Court that ..

Category: Trust/Waqf Law | Date: | Hits: 228

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......asked her not to say the same to others. In cross-examination, she has stated that she informed her parents after one year of the marriage. After 9 months while she stated to the father and mother in law they asked her to show the Kabinnama and so that they could ascertain, otherwise they would not ..

Category: Criminal Law | Date: | Hits: 44

Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)

....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......o get proportionate return of said VAT on proof of payment of VAT as determined by the VAT authorities at the trading or supply stage against the bill of entry of the goods cleared in accordance with law. 15. We have perused the records. As the questions raised in the writ petitions are the ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......t appellants before the com­mencement of trial filed an application on 27-10­2004 claiming to be minors and, as such, the learned Speedy Trial Tribunal has no jurisdiction to try them under general law; that the learned Tribunal com­mitted an error of law in not directing an enquiry to ascertain ..

Category: Criminal Law | Date: | Hits: 32