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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ompanies Act, 1994. 3. The respondent company filed an affidavit-in-opposition wherein they have contended that the applications are not maintainable in view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing to pay the ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ndemned prisoner was at his house when Shafali Begum died, that the informant saw injuries on the person of Shafali Begum after his arrival at the place of occurrence, that the police officer (PW 12) holding inquest also found injuries on the person of the victim, that the medical evidence proved th..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......addressed to six occupants including Jalil Brothers and subsequently, directions were also issued to 39 occupants of the premises to pay rent including outstanding rent to the respondent No. 1 as the holding was released in his favour by memo dated 26‑4‑82; subsequently, the Government through o..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......ection 95 (2) of the State Acquisition and Tenancy Act, 1950 every usufructuary mortgage shall be registered under Registration Act and the word "shall" being mandatory means "must". Transfer of a holding or of portion or a share thereof either by way of an out and out sale with an Agreement of ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......d substance in submission of the learned Assistant Attorney General." 13. In the case of Asiman Begum the Appellate Division observed: "The learned judge of the High Court Division was right in holding the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence under t..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....er the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, a......reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange n..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....e order dated 10‑7-2001 by which cognisance of the case against the accused petitioners under sections 415/316 of the Penal Code was, taken on the basis of the judicial inquiry report. It is undisputed that after investigation police submitted FRT against the accused petitioners and, on the b......ing the accused petitioners from the case. Against this order of the learned Magistrate, the opposite party No.2 informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report f..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
....re, service, employment or occupation".
12. It was the definite case of the respondent No.1 herein that the petitioner herein charges interest @16% to 18% from its loanees. This fact has not been disputed. If this fact is considered along with the provisions of section 15(2)(K) and (L) and secti......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......manager, or other official responsible to the company for conduct of its business shall be deemed as such to be guilty of the offences as the primary offending company or body corporate. But prior to holding any director, manager or other official responsible for an offence and convicted, it is incu..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......wo project areas vulnerable to river erosion and onslaught of flood affecting their hearth and home and livelihood. He submitted that the learned Judges of the High Court Division erred in law in not holding that the writ petition was not maintainable at all inasmuch as the writ petitioners were non..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......irmed in service by the school authority, the approval of the Board was not required for her termination from service and her removal from service was legal.
5. The trial Court dismissed the suit holding that the Plaintiff respondent's service was not confirmed or regularised upon expiry of her ..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......nt No. 1 within a period of 3 months from the date of receipt of the impugned order. 2. Respondent No. 1 as the writ‑petitioner filed the above writ petition impugning listing of holding No. 9/28, Block C, Mohammadpur, Dhaka in "Ka" list of the abandoned property publ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......alleged theft of medicine from the store and that he was innocent. The explanation submitted by the respondent No.2 was found not satisfactory and a three-member Committee was constituted for holding an enquiry into the charges brought against respondent No.2 and asked him to appear before ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ision of Clause 23 of the lease deed for violation of clause 3 of the leased deed. The undenied position is that show cause notice, in all 3 (three), of which receipt of first and second admitted but disputed receipt of the 3rd show cause notice, and in all the show cause notices the respondent Nos.......every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, the High Court Division was in error in rejecting the review application holding the same not maintainable an it has also been submitted that the High Court Division failed ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....f lives. The Officer-in-Charge of the Boalia Police Station thus urged upon the Chief Metropolitan Magistrate to initiate a proceedings under section 145 of the Code of Criminal Procedure, attach the disputed property and appoint a Receiver in respect thereof. On such proposal of the learned Chief M......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....rror in holding that plaintiffs have no possession in the land in suit. The plaintiffs by oral and documentary evidence have established that they have acquired title to the land in suit from the undisputed successive heirs of the CS recorded tenants as well as from the transferees of the heirs ......er title to nor possession in the suit land in suit and the suit was barred by limitation. 5. On appeal the High Court Division reversed the finding of the trial Court as to limitation holding that against the wrong entry in the SA and RS Khatian suit was not needed be filed within 6..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... this leave petition. 4. Mr. Md Nawab Ali, the learned Advocate-on‑Record appearing for the petitioner, submitted that the High Court Division committed an error of law in not holding the view that the conviction and sentence passed by the Special Tribunal Judge without exami..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ct for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance considerat..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......port by the police. According to him, the learned Tribunal acted illegally in examining witnesses in support of the said narajee petition, such procedure being applicable only in cases of magistrates holding judicial inquiry under section 200 of the Code of Criminal Procedure. So, he submits that th..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
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