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Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... 12-5-1989 minus the amount already paid by the petitioner and directed for repayment of dues by 10(ten) instalments in 5(five) years, beginning from first July, 1989 with interest but disallowed the prayer for awarding penal interest. Against the said award, this respondent No.3 preferred an appeal......gricultural loan from lending Banks, they have been excluded from the exemption. The Co-operative Societies are not the end-users of the Bank loans. After getting fund from banks, they use the fund for their members re-lending on commercial basis.......................................(14) Law......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....said Parliamentary Su-Committee’s recommendation. 95. Having scanned the legal position and the ratio decidendi of the decisions of the cases cited above, in juxtaposition with the petition, the prayer and the existing salary level and having been propelled to the invariable equation that the p......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Civil Petition for Special Leave being No.299 of 1993. 19. It appears that a petition has been filed on behalf of the plaintiff‑opposite party praying for amendment of the plaint by inserting a prayer for consequential relief in the form of re‑instatement of the plaintiff in his service. Thi......e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
....dent No.1 Divisional Manager (Fertiliser) BADC issued a second show cause notice to explain why he should not be dismissed from service. It appears from reply to the second show cause notice that his prayer for changing the inquiry officer Ruhul Amin was not considered and he was not given proper op......……………Respondents
Judgment
June 13, 1996.
Result:
The Rule is discharged.
Writ petition at the instance of a worker is not maintainable as he has equally efficacious remedy before the Labour Court..................(7)
Lawyers Involved:
Abdul Quiyum with SM Razaul Karim......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ns 406/420/409 of the Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused petitioner filed a petition with prayer to call the records from the Bank in connection with the pledged goods, stock register and in......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... the bank by letter dated 13.12.2006 and requested the bank to confirm the reschedule arrangement. Certified copy of the order passed in the aforesaid writ petition No.10946 of 2006 shows that on the prayer of the petitioners the rule of the said writ petition was discharged for non-prosecution by o......s discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners. Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentNo.1 Zaforullah Chowdhury, Advocate - For the respondent No.3. Writ Petition No.1763 of 1999. J......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
.... thinks fit directing him to make such investigation and to report thereon to the court within such time not exceeding three months as may be fixed by the court: Provided that the court may on the prayer of the commissioner and on sufficient cause being shown, extended the time." 11. Order 26,......dated 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....ation is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bail to an accused in a bailable offence if he appears before it with such prayer...........................(4) Lawyers Involved: Sheikh Muhammed Serajul Islam, Advocate......ult: The application is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bail to an accused in a bailable offence if he appears before it with such prayer...........................(4) Lawyers Involved: Sheikh Muhammed Seraj......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ..Category: Criminal Law | Date: | Hits: 101
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....te the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were then transmitted to the Court of the learned Sr. S......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
.... was absent on leave and the case was fixed for framing charge on 22‑2‑90. On that date that petitioner filed an application for stopping the proceeding but the learned Special Judge rejected the prayer on the ground that both the prosecution and accused obtained adjournment and upheld the frami......Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Specia......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... Agarwal has riled the application for the amendment of the plaint praying that he may be permitted to sign the plaint and the verification by striking out the name of Mr. MR Islam Azad, as such, his prayer for amendment should be allowed. 20. It appears from the documents riled at the time of th......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in the petition so filed before the Minister there was also prayer for appointment of receiver in respect of the property of the Waqf Estate till finalisation o...... (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, Haji Monjurul Islam Shah and Md. Rahmat Ali Shah respectively, filed an application before the Waqf Administrator for removal of the petitioner from the office of the Mutwalli; that on r...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..Category: Trust/Waqf Law | Date: | Hits: 85
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
.... the list on 17-11-2011 for order. 3. The learned Advocate Mr. Firoz Uddin Ahmed appeared on behalf of Mr. Abdul Matin Khasru, the learned Advocate for the petitioner and sought time. Allowing the prayer the matter was adjourned and has come in the list today for order. 4. On perusal of the re......ion submits that the petitioner challenging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM Siddiqur Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....ng Title Suit No.17 of 2006 for setting the Judgment and decree passed in Title Suit No.7 of 1956 on the ground of fraud in obtaining the said decree the revisional Court accordingly not allow such prayer and by the impugned Order dated 4-3-2007 rejected Civil Revision No.277 of 2006." 18. The ......Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nb...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....omplaint we find that the complainant disclosed how and why accuseds should be punished under the aforesaid sections of, the Penal Code giving ingredients of each of the sections and thereafter, made prayer that the accuseds should be punished for misappropriating cargo worth of Invoice Value US$ 34.......5, Shah Newaz and rule of Criminal Miscellaneous Case No.11165 of 2005 at the instance of accused No.6, Shahabuddin Chowdhury and accused No.7, Ranjit Kumar Chowdhury of the charge-sheet were issued for quashment of the proceeding of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..Category: Criminal Law | Date: | Hits: 70
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....arned Advocate of the opposite parties (judgment debtor) was not informed. On 7.10.1999 petitioner (respondent) filed hazira and the appellant (opposite party) prayed for adjournment. The adjournment prayer was rejected. On that day petitioner (respondent) by filing a verified petition prayed for am......ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ারী দরখাস্ত সংশোধন আবশ্যক। অন্যথায় ডিক্রীদারের অপুরণীয় ক্ষতি হইবে।” 4. On such prayer of the Bank, the Adalat, as executing Court, passed the impugned order dated 12-8-2003 allowi......Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangladesh Biman, Res......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....ff 1 and pro forma defendants 16-20 to inherit her left out properties and the plaint was amended to that effect by order dated 15.4.2002. Subsequently the plaint was amended again by incorporating a prayer for declaration that the defendants’ title deeds as described in ‘Kha’ schedule of the ......004 passed by the Senior Assistant Judge, Kathalia, Jhalakathi in Title Suit No.134 of 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaini......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....xparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realisation of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order dated 16.6.2004 is......out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Art...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....nd thereby affirming the Judgment and order dated 24-7-2005 passed by the learned Senior Assistant Judge and Election Tribunal, Mathbaria, Pirojpur in Election Tribunal Case No.6 of 2003 allowing the prayer for recounting of ballot papers should not be set aside and or pass such other or further ord......py of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
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