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Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers Sygol Brothers, the defendant No.1,..

Category: Civil Law | Date: | Hits: 79

Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)

....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457....... Mostafa, Advocate — For the Petitioners. SM Aminur Rahim, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Gour Gopal Saha J. - This case arises out of an application under section 526 of the Code of Criminal Procedure for transfer o..

Category: Procedural Law | Date: | Hits: 61

Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)

....nt can be invoked under writ jurisdiction. 11. We have perused the Sharping Matshajibi case and find that the contract/Government grant of lease as referred to in Sharping Matshajibi case had its root under the statute but in the instant case we find this contract of one year lease was made in t......he petitioner and respondent No. 3 was not an ordinary contract. This was a contract he submits which was made in the discharge of sovereign function and further submits, that it has been held in the case reported in 39 DLR (AD) 85, Sharping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others,..

Category: Property Law | Date: | Hits: 22

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......sued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect. 2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area of acres appertaining o..

Category: Property Law | Date: | Hits: 22

Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)

.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......ies to show cause as to why the proceeding of CR Case No. 3490 of 2000 under section 406 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. The case of the petitioner, in short, is that, Opposite Party No. 1 Md. Moniruzzaman, being complainant,..

Category: Criminal Law | Date: | Hits: 29

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......eated as enemy property and that notification No. 6330 EPMC dated 31-7-1965 published in Dhaka Gazette dated 4-11-1965 was illegal, without jurisdiction and not binding upon the plaintiffs. 3. The case of the plaintiff, in short, is that previously they were the inhabitants of village Amarpur und..

Category: Property Law | Date: | Hits: 23

Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)

....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......behalf of all accused. After realising illegal gratifications from him the accused persons talked among themselves that if he was released from Court hazat then there is every possibility of filing a case by him against them and due to such apprehension the acused No.1 filed a false case against him..

Category: Criminal Law | Date: | Hits: 62

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430.......hereinafter referred to as Ordinance, in the First Labour Court (Respondent No.2) praying for permission to cancel the registration of the petitioner union and that the petitioner union contested the case by filing written statement contending, inter alia, that the case is not maintainable and the p..

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......anufactured garments have been exported and the letter by Singapore Airlines, in fact, shows consolidated Airway Bill which is prepared on the basis of several House Airway Bills which in the instant case includes the House Airway Bills of the petitioner. 7. In Writ Petition No. 2718 of 2001 the ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)

.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... named Habib who informed her that Rafiqul Islam was found to talk with an unknown person and thereafter they searched for him but in vain and hence she lodged the first information report. 3. The case was investigated by the police who visited the place of occurrence, recorded the statements of ..

Category: Criminal Law | Date: | Hits: 33

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......পুর রোড, এই চৌহুদ্দি মধ্যে চারি কাঠা জমি। 10. It is submitted that there are many other several defects in the instant revision case for which this revision case may be withdrawn with permission to sue afresh with a direction of..

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413....... giving encouragement to the miscreants and according to him the respondents responsible for depriving the petitioner and his devotees to perform their religious function. Mr. Karim, after citing the case of Golam Abbas Vs. State of UP as reported in AIR 1981 (SC) 2198, has submitted that the Govern..

Category: Property Law | Date: | Hits: 25

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have remained stayed over a decade. I am, therefore, inclined to take up these Rules for dispo..

Category: Civil Law | Date: | Hits: 69

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... police can make such arrest. 3. We have perused the confidential file of the Government where the grounds for arrest under section 54 of the Code of Criminal Procedure have been mentioned. In any case, we cannot accept argument of Mr. Islam that the arrest was made only with a view to detain him..

Category: Criminal Law | Date: | Hits: 60

Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)

....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......urt, in several earlier decisions decided the question as to on what grounds passport of a citizen can be impounded or can be refused by the authority. Mr. Rokanuddin Mahmud specially referred to the case of Syed Mokbul Hossain Vs. Bangladesh reported in 44 DLR 39 and the case of AR Shams Md. Doha r..

Category: Others | Date: | Hits: 102

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......t petitioner on 11-11-80 filed an application under Order IX rule 13. CPC being Miscellaneous Case No. 324 of 1980 for setting aside the ex parte decree. The plaintiffs opposite parties contested the case by filing joint written objection and the learned Subordinate Judge, Noakhali by his judgment a..

Category: Procedural Law | Date: | Hits: 62

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......dant appellant, with malafide motive, started production and marketing of the soap using the trade mark Ghadi and so the learned Subordinate Judge having found that the plaintiff showed a prima facie case and the balance of convenience and inconvenience is also in favour of the plaintiff, rightly pa..

Category: Intellectual Property Law | Date: | Hits: 200

Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)

....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......finite which cannot at all be considered to be sufficient grounds for detention of the detenu and, as such, should be released from detention. He submits the detenu has been falsely implicated in the case out of political rivalry and that the grounds mentioned therein does not come within the defini..

Category: Criminal Law | Date: | Hits: 22

Chairman, Governing Body, Bangladesh Rifles School and College Vs. Chairman, Governing Body, Bangladesh Rifles School and College Vs. Md. Gholam Kibria and others, 2010, 39 CLC (AD)

....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497.......m service, that in the absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as per provision of Regulations 11 and 12 has power to impose penalty in other case except removal or dismissal from service, that the Board has supervisory power over the functio..

Category: Employment/Service Law | Date: | Hits: 133

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......use notice on 30.04.2000 denying all the allegations brought against him. Thereafter, the regional Audit Officer prepared charges against him and appointed an inquiry officer and filed a departmental case being No.60/2000-2001 against him. The inquiry officer after holding inquiry, submitted an inqu..

Category: Administrative Law | Date: | Hits: 258