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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. ......essing the said facts, the accused petitioner A. Wadud obtained anticipatory bail from this Court. Here, it may be pointed out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the Court and the court being satisfied that accused is ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
.... revisional application, impugned order and given my anxious consideration to the submissions advanced by the learned Counsel for the petitioners. 12. For the convenience of understanding, the provisions of law relating to withdrawal of the suit as prescribed under Order XXIII, CPC runs in th......ned Advocate appearing for the petitioner supports the Rule and submits that when the application for withdrawal is allowed, refusing permission to sue afresh on the selfsame subject-matter is bad in law. In support of his contention the learned Counsel refers the case of Shyamal Chandra Roy vs. Pro..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. ......ugned judgment allowed the Miscellaneous Case and revoked the Letter of Administration. 5. The learned Advocate appearing for the appellants contends that the learned District Judge erred in law in revoking the Letter of Administration in failing to notice that the respondent No. 1 has file..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....that the charge of misconduct having been proved against the respondent No. 2 he was punishable with dismissal, but the authority, taking lenient view of the matter, punished him less severely as per provision of law. 4. The Labour Court, on consideration of all the facts, circumstances and m......ning the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....lso the case of Smt. Naurati and others vs. Mehma Singh in Civil Revision No. 364 of 1971 reported in AIR 1972 (Punjab & Haryana), 421. In those Civil revisions their Lordships have discussed the provision of section 10 along with section 151 of the Code of Civil Procedure and examined two suits......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
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....ainant, is detrimental to the health of the general public as it is against the said Act, 2005, as such, the accuseds, mentioned in the petition of complaint, are liable to be punished under the said provision of the Act, 2005. 3. The complainant was examined on 3-9-2005 under section 200 o......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....exemption of duty above 15% in cash and furnishing bank guarantee(s) for the balance between the two rates of exemption. 5. Dr. M. Zahir, learned Senior Advocate, took us through the relevant provisions of the Act and submitted that the Government acted beyond its jurisdiction in issuing sub......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)
....arty No. 1 was nominated the next of kin as well as the beneficiary for the estate of the deceased and the mother had no locus standi to make an application for such certificate. 7. In view of the provisions of section 388 and the Gazette Notification investing the Subordinate Judge, 3rd Court, D......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)
.... in section 6(2) of said Artha Rin Adalat Act in this regard. But by the impugned order, the said ex parte judgment and, decree dated 16-3-93 was set aside on the ground that the court, in terms of a provisions of section 151 CPC is competent to set aside the ex parte decree and accept the written s......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)
....f the same witnesses giving the same evidence many times over in different trials, and to join in one trial those offences with regard to which the evidence would overlap. This section is an enabling provision and this clause (d) enables a plurality of offence to be dealt with in the same trial. In ......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)
....েত্রমত, আর্থিক প্রতিষ্ঠান প্রচলিত আইন অনুসারে মামলা দায়ের করিবে ৷ The above statutory provision states that every bank is to provide from time to time particulars of its (খেলাপ......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
....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)
....din Jaffar Ali Hussein) vehemently contends that since the Company failed to serve notice of the meeting of the board of directors held on 2-7-1998 in violation of the direction of this Court and the provisions of section 95 of the Companies Act, the proceedings of the said board meeting were null a......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)
....llegally in not dismissing the plaints of the Bankruptcy Suits. He further submitted that section 11 of the Code of the Civil Procedure being applicable in respect of Bankruptcy proceedings under the provisions of section 8 of the said Act Bankruptcy cases against the self same guarantor mortgagors ...... 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
....ed orders are illegal and as such, requested to withdraw the same.
3. Leave was granted to consider that submissions of the learned Counsel for the appellants that "in view of the discriminatory provisions of clause No.13 of the scheme regulation of employment of dock workers, right of appeal u......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
....ted without any cause and disciplinary hearing; that in the Bangladesh Bank Staff Regulations, 2003 and the Bangladesh Bank Manual of Administrative Instructions, 2003 there are separate and distinct provisions for disciplinary proceeding for punishment in Part-III in Regulations 44-46 and terminati...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
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