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Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......ed the petitioners to show cause as to why they shall not be dismissed from service within 7 days from the date of receipt of the second show cause notice under Memo No. BJMC/proceedings Departmental case-214(HO) 637 dated 6-11-97. The petitioners on receipt of the same asked the respondent No.3 to ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......cedure, the power to be exercised by the High Court Division is supervisory which may, also, be exercised suo motu. Section 115 of the Code provides a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with suppl..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......or his failure to pay the m for the second vis-a-vis for subsequent instalments. That is, according to the judgment debtor, he is to suffer imprisonment for once only and not for second time, even in case of failure to pay the subsequent instalments as the case may be. 5. Section 16(3A) and (3B) ..

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ng list of members to the Registrar. 26. He submits the Companies Act is a complete code, containing obligations, rights and privileges of the companies under that Act to enjoy and perform, as the case may be. The Act he argues expressly provides a special exclusive jurisdiction to enforce them. ..

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......one judgment. 2. The petitioners in both the Rules are pre-emptees. The proceeding of pre-emption is under section 96 of the State Acquisition and Tenancy Act. The opposite party filed pre-emption cases. He is a co-sharer and the pre-emptee does not deny that he is a stranger. The pre-emption Mis..

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... during the continuance of the tenancy to resist a suit for eviction by his landlord as a subsequent purchaser from a co-sharer without surrendering his possession to his landlord. As, in the instant case, it is found that the petitioner was a tenant under the respondents to whom he paid rents upto ..

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544....... with an order to run the sentences concurrently in Sessions Case No. 49 of 1990 arising out of Modhukhali GR No. 39 of 1990 corresponding to Modhukhali PS Case No. 3 dated 24-6-90. 2. Prosecution case, in brief, is that Modhukhali police station UD Case No. 15 of 1990 dated 19-4-90 was started o..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......lication of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under sec..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......lication of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under sec..

Category: Criminal Law | Date: | Hits: 52

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... extended period. 9. We have gone through paragraph 97 of Halsbury’s Laws of England which has enunciated the principle of law regarding maintenance of secrecy of bank account as declared in the case of Tourni Vs. National Provincial and Union Bank of England reported in (1924) 1KB 461. Relevan..

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......he learned Advocate for respondent No. 1 argues that Article 181 of the Limitation Act, 1908 applies and in support of his contention he refers to a decision reported in 43 DLR (AD) 34. 26. In the case of Tamizul Haque and another Vs. Shamsul Haque and others reported in 43 DLR (AD) 34 their Lord..

Category: Company Law | Date: | Hits: 194

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that, the opposite party No. 1 as plaintiff instituted a suit in the Court of the Assistant..

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......le and confirmation of possession and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/1 in the Court off Munsif Moralganj seeking reliefs as aforesaid. The plaint case, in brief, is that schedule land belonged to Olimuddin and Alimuddin, the two brothers. They se..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......der dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25 acres of land under SA Khatian No.2 under Mouza Balab..

Category: Property Law | Date: | Hits: 107

State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)

.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......urt on 24-5-99 presided over by Mr. Justice Mahmudul Amin Chowdhury (as his Lordship then was). In the aforesaid Civil Order the said Division Bench directed the contemner to dispose of Miscellaneous case No. 28 of 1997 of this Court by 31-1-99 without fail and without giving any adjournment to eith..

Category: Criminal Law | Date: | Hits: 45

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......own as talaq-e-tawfiz. This talaq carries with it the same incidents which are applicable in talaq pronounced by the husband. The talaq-e-tawfiz becomes affective on the expiration of 90 days. In the case of Syed Ali Nawas Gardezi Vs. Lt. Col Muhammad Yusuf 15 DLR (SC) 9 it is held that notice under..

Category: Family Law | Date: | Hits: 180

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510....... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510...

Category: Civil Law | Date: | Hits: 89

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......rchase of fabrics and garments. In consideration of these services it is paid, what is called, technical fees, the amount of which fees are mentioned in the Master Export LC. 5. In this particular case defendant No. 1 obtained a Master Export LC dated 11-12-1995 opened by Ely and Sidney Limited o..

Category: Civil Law | Date: | Hits: 164

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......emptor petitioner Shah Alam by a registered kabala dated 16‑4‑1992 whereby he became a co-sharer to the pre‑emption petition Ka schedule land. Later, opposite party Nos. 2 and 3 transferred the case a land, 0.0467 in area, as described in the schedule Kha of the pre‑emption petition to the p..

Category: Property Law | Date: | Hits: 53

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......llegally or in excess of jurisdiction. The learned Judge further held that the forum of arbitration provided by section 12(2) of the Trade Organisation Ordinance, 1961, is not suitable in the present case. On the same day, by a separate order No. 7 dated 19‑­11‑2002, he granted temporary injunc..

Category: Civil Law | Date: | Hits: 74