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Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......ed the aforesaid offer of the respondent No.1 for remission of interest. In the meantime on 29-6-97 Bangladesh Bank sent a copy of the inspection report of the respondent No.1 regarding the loan transactions of Mr. Fazlur Rahman and his device of obtaining remission of interest from different Banks ..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......mits that the High Court Division acted in excess of jurisdiction in awarding a high cost of Taka 10,000.00 to the respondent. 8. In view of the highhandedness and arbitrariness of the impugned action we do not think that the High Court Division acted in excess of jurisdiction. The cost has be..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......and obtained a Rule and stay on 30-8-92. The grounds taken were only two, namely, (i) both the Courts below illegally granted maintenance for the child since December, 1987 ignoring that the cause of action as stated in the plaint arose on 23-10-88 and thus a sum of Taka 6,600.00 as past maintenance..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......whose report respondent No. 5 sent a communication to the Headmaster vide memo No.1584 dated 5-12-1995 containing the names of 6 donors and 1(one) founder directing him (Headmaster) to take necessary action. Thereafter the Headmaster prepared a voters list and held fresh poll on 18-12-85 in respect ..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ther to the well-settled principle of jurisprudence or to any leading cases of superior Courts that this Court cannot question the proceeding because clause (g) provides "or anything done or any action taken by or under this proclamation, or mentioned in this proclamation to have been done take..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......y condoned the said delay on cogent grounds, the learned Assistant Judge clearly erred in law in passing the impugned order. 10. It is well settled that once a party receives an intimation of an action in a Court, it is for him to pursue it diligently and to keep himself in touch with the proce..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......f section 173(3B) police itself may hold further investigation after submission of the report once and may submit supplementary charge-sheet after such further investigation, that if police take such action at its own initiative then it would not be in contravention of section 5(6) of the Criminal L..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... opposite party did not take any step on the matter after treating it as First Information Report. Finding no other way the petitioner filed an application before the learned Special Judge for taking action under Contempt of Court Act for not complying with his order dated 28-9-96. This application ..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......arbitrarily and since the same is devoid of any reason whatsoever, it is liable to be declared as having been passed without any lawful authority. 23. The learned Advocate further submits that the action of the respondent No.1 in excluding the aforesaid (three) wards from the jurisdiction of the ..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......iation per kilogram which was above the minimum approved radiation level of 95 Bq. So, he opined that consignment in question should not be marketed in public interest and requested to take necessary action on emergency basis. Thereafter at the instance of SGS a survey and reshipment agency 5 sample..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ......ended Act which provides that at the time of filing of the written objection the aggrieved party must furnish either in cash the amount awarded by the arbitrator to the court or security to the satisfaction of the court for awarded amount but in the instant case they have neither de­posited mone..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)

....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... in 1971 Supreme Court Cases (Cri) 446 and Pranab Kumar Mitra Vs. State of West Bengal and another reported in AIR 1959 Supreme Court 144 that when the High Court thinks it fit and proper it may take action suo motu against the order passed by any subordinate Court. But we do not think that this is ..

Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

....he plaintiffs clearly stated in paragraph 10 of the plaint the dates of cause of action. Order 7 rule 11(a) provides that the plaint shall be rejected where it does not disclose a cause of action. Cause of action may be defined as every fact which it would be necessary for the plaintiff to prove......on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence the suit was instituted upon a new cause of action. 3. The present appellants, who are defendant Nos. 5‑11 filed an application on ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....e learned Assistant Judge upon hearing the parties dismissed the suit by his judgment and decree as aforesaid. The petitioners, being aggrieved thereby, moved this court under section 25 of the Small Cause Courts Act and obtained this Rule. 5. Mr. MA Rahim, the learned Advocate, appears for the p......title and recovery of khas possession. Repelling the above contention, Mr. Rahim has rightly argued that partie’s right is to be determined at a time when the suit is instituted or when a course of action arises. In elaborating this point Mr. Rahim has pointed out that the plaintiff’s claim in s..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ...... daughter of Abdul Mukit Khan of Sylhet Town to the Deputy Commissioner, Sylhet against the petitioner, his brother and mother, all of Moulvi Bazar with their present address in Dhaka city soliciting action under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the allegations ..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......as the impugned notification dated 8th December, 1993 was only signed by Selina Hoque, Assistant Secretary, but not ‘by order of the President’. 'The learned Advocates submit that every executive action shall be expressed to be taken in the name of the President and since these impugned Orders o..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......romptly coming to the Court or has been pursuing alternative remedies out of Court cannot in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause of action accrued to her. The Courts have thus jurisdiction to grant such maintenance subject of course..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ...... the meeting of the review forum held on 3.6.92 we find that there is no scope for the respondent No. 2 to reject the said recommendation instead of forwarding the same to the President for necessary action and for that matter the order of respondent No. 2 dated 20.7.93 cannot be allowed to sustain ..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......ming an opinion of the government against him is non-existent finding him on bail, suspension of the Chairman cannot be allowed to operate any further. Because of the fact that the basis on which the action of the Government is founded no longer exists the order of suspension cannot be allowed to op..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......e suit premises on permanent basis on payment of salami. In both these cases, the prayer for amendment of the pleadings was refused. (b) Where it is made at a stage when it will require trial of action afresh. (c) Where it seeks to remove admission in the pleading. (d) Where it will c..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1