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Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......1, 2007. Cases Referred To- Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, 5 DLR 89, PLD 1968 Peshawar, 134. Lawyers involved: Md. Nazibar Rahman, Advocate—For the Petitioners. Not represented—For Op......tion." 8. The learned Counsel further refers the case of Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj and others reported in 41 DLR 168 wherein it is held: "Petition under Order XXIII, rule 1(2) for withdrawal of suit—Court to decide whether there is any formal defect o..

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. ......74 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika Bala Dassi, AIR 1955 SC; Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. Lawyers involved: Ahmed Nowshed Jamil for Hasan Foez Siddique Advocate—For the Appellants. ......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. ..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......rid Ahmed J Sylhet Gas Fields Ltd………………….Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgment March 25, 2007. Lawyers involved: Mohsen Ahmed Chowdhury, Advocate—For the Petitioner. Md. Sirajul H...... by or under any law. The learned Advocate has argued also that the punishments which were imposed on the respondent No. 2 were all in conformity with section 17 of the Employment of Labour (Standing Orders) Act, 1965 and as such there is no question of infringement of any right of the respondent No..

Category: Labour and Industrial Law | Date: | Hits: 114

Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......d To- PP Gupta vs. East Asiatic Co. AIR 1960 (Allahabad), 184; Mahangu Prasad Sah vs. Pravag Sah, iAIR 1972 (Gauhati), 40 and Smt. Naufati vs. Mehma Singh, AIR 1972 (Punjab & Haryana), 421. Lawyers involved: Sayyid Shahid Hussain with Rani Akhter, Advocates—For the Petitioner. Rafi......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..

Category: Civil Law | Date: | Hits: 82

AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)

....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. ......l J AHM Moazzem Hossain……………………………Accused-Petitioner Vs. State…………………………..Opposite Party Judgment August 15, 2006. Lawyers involved: Dr. M. Zahir, Advocate—For the Petitioner. M. Mansur Rahman, Assis......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)

.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......n, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of Bangla­desh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR 287. Lawyers involved: Dr. M. Zahir, Senior Advocate with Md. Shafiqur Rahman, Advocates—For the...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

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. ......heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Fazlani PLD 1960 SC 310. Lawyers involved: Md. Bazlur Rahman, Advocate—For the Petitioner. Khair Ezaz Maswood, Advoca......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. ..

Category: Employment/Service Law | Date: | Hits: 65

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- Krishnamacharia vs Venkatamma, ILR 36 Madras 214, In re Estate of C V Nayagan, 1936 Rang 466. Lawyers Involved: Lucky Begum for Mashuque Hossain Ahmed, Advocate — For the Petitioner. Not......iciary and entitled to the estate of the deceased. We find no reason to disturb such finding of the learned Subordinate Judge. 17. Learned Subordinate Judge has found that in view of provisions of Order XXXII rule 4 of the Code a mother can represent her minor son as a next friend. Only condition..

Category: Property Law | Date: | Hits: 36

Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......fizullah Mollah, 42 DLR (AD) 74; Mayajan Bibi vs. Mohohar Ali, 39 DLR 68; Feroz Miah vs. Sonali Bank, Wage Earners Branch and others, 48 DLR 279; Nurul Islam (Md) vs. Agrani Bank, 49 DLR (AD) 135. Lawyers Involved: MA Tariq, Advocate— For the Petitioner. Rokanuddin Mahmud with Murad Reza,......t, being set up by Artha Rin Adalat Act, 1990, a special statute, no such application under section 151 CPC is maintainable and that an aggrieved party may only file an appeal or an application under Order 9 rule 13 CPC for setting aside the ex parte decree by depositing half of the decretal amount ..

Category: Procedural Law | Date: | Hits: 67

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ate Jurisdiction) Present: SK Sinha J Mamnoon Rahman J Bura Yunus and others………………….Appellants Vs. State…………………Respondent Judgment May 3, 2007. Lawyers involved: Md. Tareque Morshed, Advocate—For the Appellants. Saifuddin Md. Aminur Rah...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

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.......ue Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved: Khair Ahmed, with Sarwar-e-Din, Advocates—For the Petitioner. Md. Golam Mo......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...

Category: Criminal Law | Date: | Hits: 29

Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ...... Md. Abdur Rashid J Birendra Chandra Das………………………….Petitioner Vs. Samir Ghosh and others……………………..Opposite-Parties Judgment February 14, 2007. Lawyers involved: AY Ahmed Ali and ATM Mizanur Rahman, Advocates—For the Petitioner. Md. Khu......urisdiction and not binding upon the plaintiff. 3. The petitioner got him added in the suit as defendant No. 6 by an order dated 31-1-05. Then, the petitioner on 26-2-05 made an application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure for temporary injunc..

Category: Civil Law | Date: | Hits: 93

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ...... Result: The Rule is madeabsolute. Cases Referred To- IFIC Bank vs. Beximco Limited 57 DLR 154; Md. Mahbubul Alam vs. Bangladesh Bank 2004 LG 343 and 2005 BLD (AD) 23957 DLR (AD) 159. Lawyers involved: Md. Arshadur Rouf, Advocate—For the Petitioners in both the Writ Petitions. ......urt of Law and therefore their names were rightly communicated to the central bank for being including in the CIB List: In this connection, he has drawn our attention to Article 42 of Bangladesh Bank Order, 1972 wherein it has been stated that every bank will be required to send Credit Information t..

Category: Banking Law | Date: | Hits: 124

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....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.......…………………….. Petitioner Vs. The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents Lawyers Involved: T. H. Khan, Senior Advocate, Rafique-ul-Haque, Senior Advocate, Moudud Ahmed, S...... November 29, 2010. Civil Petition for Leave to Appeal No. 2300 of 2010 (From the judgment and order dated 13.10. 2010 passed by the High Court Division in writ petition No. 2910 of 2009.) Order 1. To-day the Civil Petition for leave to appeal has been fixed for hearing. On the subsequ..

Category: Property Law | Date: | Hits: 73

Shilpi Vs. State, 2006, 35 CLC (HCD)

....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......) Present: Nazmun Ara Sultana J Md. Abdul Hafiz J Shilpi…………………………Appellant Vs. State…………………………Respondent Judgment October 19, 2006. Lawyers involved: Seema Zahur, Advocate—For the Appellant. Iqbal Kabir, Assistant Attorney-G......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ..

Category: Procedural Law | Date: | Hits: 67

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

..../এস এ ১-১/৮২-২৬৫(১০০), তারিখ, ১১ জুন ১৯৮২ ইং (Annexure-D) issued by the Secretary, Ministry of Establishment of the Secretariat of the Chief Martial Law Adminis­trator. The circular relates to transfer of the Govern­ment servants. He adds ......h and Family Welfare 45 DLR 39; Telikhali Progressive Fisheries Co-Operative Society vs. Bangladesh 1981 BLD (AD) 103; Bangladesh vs. Md. Faruque 51 DLR (AD) 112 = 1998 BLD (AD) 274=4 MLR (AD) 12. Lawyers involved: M. Shamsul Alam with Abdul Matin Khasru, and Mahbuba Haque, Advocates—For the......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. ..

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....... Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented ......ial fact in respect of the suit and, as such, there is no necessity to cross-examine him. 9. To resolve this question we may reproduce section 138 of the Evidence Act which reads as follows: “Order of examination: Witness shall be first examined-in-chief, then (if the adverse party so desire..

Category: Procedural Law | Date: | Hits: 76

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......mp; 14); Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 50 DLR 597; AIR 1973 (Vol. 60) SC 2389, AIR 1958 (Punjab) 190 and PLD 1956 (Lahore) 731 (19). Lawyers Involved: M Moniruzzaman Khan with Morshed Ahmed Khan, Advocates—For the Petitioner. ......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138....... Hoque J Md. Muzammel Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. Lawyers Involved: SB Bhandary, Advocate—For the Petitioner (In Writ Petition Nos. 2792, 2793, 2...... of the said Act can be made by the Bankruptcy Court only after taking evidence from the parties and there is no scope for dismissal of the plaint on an application like rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure which has no manner of application in Bankruptcy proc..

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......ellants Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others......................Respondents Judgment August 20, 2009. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate with A. M. Mahbuddin, Advocate inst......Moqbul Ahmed, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-6. Not repre­sented- Respondent No. 7. Civil Appeal No. 196 of 2003 (From the Judgment and Order dated the 15th day of June, 2002 passed by the High Court Division in Writ Petition No.6796 of..

Category: Labour and Industrial Law | Date: | Hits: 109