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M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ging either the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order of removal from service itself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. T......e no statutory or automatic application to the cases of the officers and other employees of the Corporation. Secondly, sub-rule (II) of Rule 7 of the Rules of 1984 has no manner of application in the facts and circumstances of each case. 6. Such being the bone of contention between the parties, r..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ...... their filing the Money Suit for compensation against the bank. 16. We have already found that the suit is instituted by the plaintiff appellant is premature and is liable to be dismissed. But the question arose whether we can dismiss the suit when no appeal or objection has been filed by the def...... 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. 2 made an application for loan for setting up Rana Oil Mill..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......e, the fact remains that the petitioner prayed for giving a direction for holding investigation about the allegation contained in the report published in the above newspaper.
3. To determine the question whether such a direction for holding investigation can be given, we are to consider the re......, or shall depute one of his subordinate officers not being below such rank as the Government] may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arr..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......2009 (annexure-C) asking the petitioner to return the property situated at 6, Shaheed Moinul Road, Dhaka Cantonment stating the reasons that there was no law for transferring the military property in question to any civilian and that there was also no reason of any public nature for transferring the......in consideration of the service and deserts of the applicant. In the present case the lease in question was granted allegedly on compassionate ground as a gesture of good will in consideration of the facts (as it appears from the impugned lease deed-the annexure-A) that President Ziaur Rahman was br..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......f the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard together for disposal. 2. The facts, in short, are that a Memorandum of Agreement was entered into for selling the vessel TT Karti..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......id not properly follow the requirement of section 164 of Cr.P.C. before recording the statement of the accused under the said section and all the columns were not properly filled in by him by putting question to the accused-persons and the reply he received from them. The defence has seriously chall......ction 164 Cr.P.C. The learned Advocate appearing on behalf of the appellants seriously assailed the said finding of the trial Court as well as the order of conviction submitting that in the attending facts and circumstances of the case those statements are not admissible in evidence and cannot be tr..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... and banyan tree of Ataiqullah Road and during the dacoity, the dacoits injured PW 4 Md Abdul Quddus alias Abdul Baten and also stabbed Rajab Ali, the van driver, who died on the spot. 27. Now the question is, whether the prosecution could prove the charge under section 396 of the Penal Code agai......has been suffering the agony of death sentence for the last 3 years and therefore, ends of justice would be met if the sentence is reduced and commuted to one of imprisonment for life. In view of the facts and circumstances of the case we find substance in the submissions of the learned Advocate for..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......bitrators extended time fixing 30.05.1980, 30.06.1980, 30.10.1980 and 30.12.1980. The disputed lands were measured on 20.02.1981and thereafter the award was written on 04.05.1981 dividing the land in question between two brothers. From the evidence on record it is clear that both the brothers have s...... Judge, 2nd Court, Perojpur in Title Appeal No. 126 of 1992 affirming those dated 26.05.1992 passed by the Senior Assistant Judge, Perojpur in Title Suit No.211 of 1984 dismissing the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Cour..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......which is in khatian Nos. 473/475. Western portion of dag No.7134 was in possession of the defendant and to avoid yearly bamboo fence, they erected a pucca wall. The plaintiff’s right of easement in question is on dag No.7112. The plaintiff or his predecessors were never in use of pathway. The plai...... judgment dated 29.09.1994 passed by the learned Senior Assistant Judge, Biswanath, Sylhet in Title Suit No.17 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite ..Category: Property Law | Date: | Hits: 33
....urther, it does not appear the respondent Howladar was appointed Godown Keeper under Pubali Tannery with fresh appointment.
11. The case as set up in the Writ Petition No. 959/1977 (unreported) is identical with the present Writ Petition No. 195 of 1987. In that Writ petition Godown Keeper of the......e by filing written statement. The main contention as set out in tile written statement filed by the Bank authority is that 1st party Sekendar Ali Howladar is not a permanent worker and, as such, the question of his getting facilities does not arise at all. According to the Bank Authority, the 1st p......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......re. 3. The High Court Division, on the contention that the liability, if any, was of civil nature, held that since the petitioner allegedly denied to deposit the toll money to the complainant, the question of civil liability does not arise. 4. Mr. Khurshid Alam Khan, the learned Advocate, appe......d order dated 20.08.2008, passed by the High Court Division in rejecting an application under Section 561A of the Code of Criminal Procedure, in Criminal Miscellaneous Case No.5880 of 2007. 2. The facts of the case, in brief, are that the Executive Engineer of the Roads and Highways Department, S..Category: Criminal Law | Date: | Hits: 43
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......for the petitioner and the opposite party Nos. 2(a) and 2(b) on the acceptance of the report of the Advocate Commissioner by the court below and accordingly, I have heard the learned Advocates on the question of maintainability. 7. Mr. Mahmudul Islam submits that the trial Court after accepting t......sed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......4 decimals of unused land of the petitioners shown in Annexure ‘B’ should not be directed to be released in their favour as not being required by the requiring body respondent RAJUK. 3. Common question having been raised in both the Rules these are being disposed of by this judgment. 4. Ca......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... the suit. 3. The Code of Civil Procedure will be hereinafter referred to as the Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is whether the property of an order recorded by a Court below refusing to grant temporary i...... of the Civil Revision Petition is plaintiff and opposite parties are defendants in the suit. 3. The Code of Civil Procedure will be hereinafter referred to as the Code in this judgment. 4. The facts of the Civil Revision Petition hinges on the answer is short but substantial question is wheth..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... Board has disposed of the case in his favour and the petitioner thereupon made enquiry and filed application for copy and obtained the copy on 10-3-1996 and 4-4-1996 and came to know of the order in question, Annexure D for the first time on 10-3-1996. From the copy of the impugned order it appears......n that case it was held as under:
“But the presence of an alternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable oppo..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......for such cancellation of the contract the DSE could not recover the sale proceeds from the respondent Nos. 8 and 9 in full. DSE could only manage to recover part of the sale proceeds of the shares in question and accordingly made a part payment of the total outstanding amount to the petitioner throu...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......llowed to be exercised in the greater context of the nation as a whole for its political and social development in democratic culture. 4. From the petition and the affidavit-in-opposition the main questions which arise are whether: 1) The calling of hartal on 18-4-99 was illegal, (2) the call......companying a bundh or as forming part of a bundh in the Original Petitions and even if there are certain general allegations, they have been denied in the counter affidavits. But we find that certain facts have been stated in the Original Petition filed by the Chambers of Commerce supported by newsp..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ...... and as such liable to be rescinded. The office of Deputy Commissioner, Narayangonj District, received the said representation on 14.02.2010. 33. It was stated that the land, foreshore and bank in question in respect of which the said notices have been issued are owned by Narayangonj River Port a......ourt Division while rejecting the petitioners' applications considered the judgment and order dated 24th and 25th June, 2009 passed in Writ Petition No. 2503 of 2009 and correctly considered the facts and circumstances of the cases for removal of all structures on the rivers in question and the..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....areholders whose names would appear in the Register of Member of the Company on the Record Date shall be entitled to the dividend and to attend the Meeting". The said AGM notices were more or less in identical terms. 5. Having relied on the representation made by the respondent No.18 company in ......rd date to avoid such anomaly and incongruity. 41. He submits that the judgment of the High Court Division suffers from no illegality. 42. It appears that the High Court Division considered the question of maintainability of the petitions under Sections 81(2) and 85(3) of the Act and held as u......ts showing the paid up capital at the post 2001 meeting level for the years 2003, 2004 and 2005; (b) fix afresh a record date for the 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. 2. The facts, in short, are that the appellant in Civil Appeal No.319 of 2008 used to hold 17,410 shares in..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......intainable because the nature of the suit does come within the ambit of the Admiralty jurisdiction of this Court and that the plaintiff being the agent of the owner so far the vessel is concerned the question of violation of the order of injunction by the defendant does not arise, that the suit ough...... M No. 6304 from the possession of the defendant company, who allegedly took over the said vessel in violation of the order of ad interim injunction passed by this Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the ins..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
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