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Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......y submits that the learned Upazilla Magistrate can only attach the sub­ject matter of dispute under sub-section (4) of sec­tion 145 of the Code of Criminal Procedure if the Magistrate considers the case as one of emergency and in the present case there being no finding as to a case of emergency, t..

Category: Criminal Law | Date: | Hits: 32

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......ndoned properties. 4. Finally the petitioner received a reply from the respondent being memo, dated 4.2.85 (Annexure-R) wherein it has been stated that the Government has examined the petitioner's case thoroughly and rejected his prayer for release of the disputed property. This is the impugned o..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......abating P.S. Case No.89 of 1985 and acquitting the accused under Section 339C(4) of the Code of Criminal Procedure from charges under Sections 447/427/431 of the Penal Code arising out of Boalia P.S. case No.36 dt. 19.2.85 should not be set aside. 2. Upon an F.I.R. lodged by the petitioner with t..

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......e indent. A copy of the surveyed report was also sent to the defendant along with the aforesaid letter and requested the defendant to take necessary steps in this regard. 5. The plaintiffs further case is that against the Second letter of credit the defendant company sup­plied 23 machines of dif..

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......is Court by the Additional Sessions Judge, Chuadanga-Meherpur for the confirmation of the sentence of death. This judgment will dispose of aforesaid appeal as well as reference. 2. The prosecution case may briefly be put thus: On 25.12.80 at about 23 hours Khondker Nurul Islam father of the in..

Category: Criminal Law | Date: | Hits: 61

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

....b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......in the plaint of Title Suit No.108 of 1986 in issue and as such the impugned order is not calked for in as much as the provisions of section 10 of the Code of Civil procedure is not attracted in this case and the learned Commercial Court No.1 committed an illegality in passing the impugned order whi..

Category: Civil Law | Date: | Hits: 88

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......ite party (Gas Company) to the petitioner for the aforesaid consumption as per meter reading for the last about more than two decades on payment of gas bills through actual meter reading. The further case of the defendant petitioner is, that the Oil Mills had two boilers in the mills. The Chief Insp..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ...... having the objective basis or without considering the fair price in the international market does not hold good. 6. Mr. Md. Ramzan Ali Sikder pointed out paragraphs 19‑20 of the judgment in the case of Mustafa Kamal and another Vs. Commissioner of Customs and others reported in 52 DLR (AD) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 56

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......nsider such facts and circumstances, Procedure has been laid down in the Minimum Wages Ordinance and Rules of 1961 as to how the fixation should be done. So, we are to consider whether in the instant case fixation was done in accordance with the provisions of law. 7. The Minimum Wages Board which..

Category: Labour and Industrial Law | Date: | Hits: 96

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......jurisdiction vested in it by the Artha Rin Adalat Ain. The learned Advocate further submits that in view of section 5(4) of the Artha Rin Adalat Ain there is no difficulty in disposing of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved..

Category: Civil Law | Date: | Hits: 73

ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)

....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......d from the post of the Managing Director, was held illegally as no notice was given to him. Therefore, his removal as the Managing Director of the company is illegal. It appears from the facts of the case that the petitioner has come before this Court to protect his interest as a Director of the Com..

Category: Company Law | Date: | Hits: 220

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17.......s those of section 11 of the Act. Accordingly, the plaint of the suit is liable to be rejected under Order 7 rule 11(d) of the Code. 14. In support of his submissions, he cited the decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77. 15. Opposing the Rules, Mr Rafiq-ul..

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......(3) of the Code, the learned Assistant Judge was not legally authorised to pass the impugned order under section 94 of the Code. In support of his contention he has relied upon a decision held in the case of Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others reported in 43 DLR 254. 5. No..

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......quisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the prayer for acceptance of th..

Category: Property Law | Date: | Hits: 36

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......maintainable. In support of his contention that the respondent Company being a private limited Company is not amenable to the writ jurisdiction the learned Advocate placed a decision of an unreported case of Modern Dyeing and Screen‑printing Ltd, Vs. The Secretary, Ministry of Commerce and others ..

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......uired to have any disclosure of evidence before it to accord sanction. But the minimum requirement of this section appears to be that the authority while according sanction must have the facts of the case in order to take a decision as to whether it should accord any sanction for the prosecution. Be..

Category: Anti-Corruption Laws | Date: | Hits: 138

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......der section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case..

Category: Civil Law | Date: | Hits: 69

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......Case No. 1325 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule was issued on 14-8-94 at the instance of Mirza Anwarul Islam alias Tanu, the accused petitioner for quashing the proceedings of case No. 275C/92, pending before the court of District Magistrate, Dinajpur Sadar, Dinajpur under se..

Category: Criminal Law | Date: | Hits: 37

Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)

....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ...... this civil revision petition is not at all maintainable. 8. Coming now to the propriety of the order impugned it appears that the learned Assistant Judge, took into consideration the facts of the case and legal aspect involved in adjudication of the suit and recorded the impugned order by applyi..

Category: Family Law | Date: | Hits: 185