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Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......iple of interpretation that where different language is used in the same statute different intention is to be presumed unless there is in the context anything to hold to the contrary. 16. If any dispute rises with these two section then section 50 come into play to decide whether a particular p..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
...., revealed in the eventual codification exercise producing the Act. To that end, Mr. Mahmud stresses on the correlation of the Chapter 13 and 14 provisions of the Act in terms of the raising and resolution of industrial disputes and submits that the section 213 avenue of dispute resolution is o......the last date under clause (a) or within thirty days from the date of the decision, as the case may be unless the grievance has already been raised or has otherwise been taken cognizance of as labour dispute under the provisions of the Industrial Disputes Ordinance, 1959: 10. Section 213 o..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....he sale of properties belonging to the respondent No.1company to the respondent No. 7 vide registered Sale Deed No. 11934/11 dated 21-7-11/24-7-11. In any event, in both cases there was no Board resolution for executing such contract; that1 to the utter surprise of the petitioners, it was ......he same in the name of the company, vide mutation case No. 296/11-12 dated 25-9-2011. The respondent No.7 purchased the said, land as a bonqfide purchaser for value and without any notice of any dispute in the internal management of the respondent No. 1 Company, which is the predecessor in..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......ding which is a summary proceeding. Final determination of the rights of the parties in a suit expressed through a decree, on the other hand in a Miscellaneous proceeding the final determination of a dispute is expressed through a decision of a court which is not a decree. In a pre-emption proc..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......of completed work done by the petitioner, in which inaction of the respondents are illegal and mala fide. Further to that Mr. Oziullah submits that the bill of the petitioner is admitted, there is no disputed question of fact involved in the instant writ petition, and, as such, the writ petition is ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......rther placed the gazette notification as Annexure-B to the writ petition wherefrom it transpires that Mowa Ferry ghat has been declared as Maowa Riverport and such declaration is the root of the dispute which is before us. Petitioner's side claims that the declaration of the ferry ghat as r..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......e plaintiff. The defendant No. 2 executed 'Bainanama' (Deed of agreement) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refu..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... earth, constructed some structures upon the said land and let out the same to his sister, the defendant No.3 and started possessing the suit land and structure through tenants and also by himself. A dispute arose between the plaintiff and the defendant No.2 in respect of title of the suit land and ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......n within the stipulated time of six months and secondly, whether the plaintiff has failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total considerati..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......res of CS plot No.145,0.32 acres out of 0.86 acres of land in CS plot No.146, 0.71 acres out of 1.00 acre in CS Plot No.147 in all 4.61 acres of land recorded in hal plot No.894, which is part of the disputed land. Plaintiff's further case is such that the owner of the 1/3rd share of CS Khatian ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....e in the language as under:— "all election disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution, almost invariably there will arise dispute over facts which cannot and should not b......ed in Shah Alam's case we find that their lordships in the concluding part of the said judgment threw light on the pointed issue in the language as under:— "all election disputes must wait pending completion of the election and be taken to the special forum created unde..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......nt also collected certified copy of the said registered bainanama dated 9-8-2007. It is alleged in the FIR that the accused-petitioner not only also entered into an agreement for purchase of the disputed property from the accused No.1 but also did not take any step to cancel the registered bain..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......eliable as they were accused in a criminal case filed by the informant who had entered into an unholy alliance with the informant in order to be relieved from the criminal case. 3. There is no dispute that Sukkur Ali was done to death on the day of occurrence and the medical evidence support..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business transaction and contractual obligation, being civil dispute in nature, criminal proceeding is not tenable; and, as such, the impugned order is liable to..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......tice, the respondents filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the petition on the ground that there is provision in the Articles for resolving the dispute among the share holders as per provision of the Arbitration Act, 1991 and therefore, the pe..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......Court. 32. Let us decide the question of maintainability first. Admittedly contempt petitioners were added respondents in the writ petition and they were interested parties to the matter in dispute. Petitioners are directly recruited BCS cadre family planning officers and writ petitio..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....sed-petitioner being Administrative Officer and Member-Secretary of the Allotment Committee issued the allotment letter and executed lease agreement. That the accused-petitioner changed the resolution of the Meeting dated 10-8-2000 taken by the Housing Allotment Committee and manipulated t......refully, but we are unable to agree with the finding that there is no prima-facie allegation against the accused-petitioner and other accused-persons for initiating any criminal proceeding. Moreover, disputed facts cannot be decided in the quashing proceeding as have been done. 9. Over and abov..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... appointment of an Administrator vide Memo No.বাজাবস/নথি-১/২০১২কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrato..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....02 (Annexure-F) sent necessary documents and particulars to the Secretary, Ministry of Health and Family Welfare to create 64 more posts of teachers in the College as per condition Nos.2 and 5 of the resolution of the meeting of the Syndicate of the University of Dhaka for appointment of teachers in......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......e pretending to be the engaged Advocate of the complainant-appellant and prayed for dismissal of the said objection case on the ground that the complainant-appellant relinquished their claim over the disputed land and accordingly the objection case was dismissed and thus the respondent No.1 practici..Category: Others | Date: 28 Nov, 2012 | Hits: 23