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Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......urt, Dhaka in Title Suit No. 350 of 1995, should not be set aside. 2. The opposite parties instituted the suit seeking the following declarations: (i) “For a decree declaring that the decision regarding fixation of valuation of the structure on the basis of 1989 PWD schedule mentione..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......ion under section 25 of the Small Cause Courts Act. By the judgment and order dated 13-8-1998 a learned Single Judge of High Court Division made the Rule absolute holding, "From the findings and decision of the Court it is not clear whether the defendants defaulters or not for the period as all..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......dul Malek, 46 DLR (AD) 1 cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ...... claims of the parties are to be settled on the basis of accounting, the liability shall be a civil liability. When both the parties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any failure on the part of a part..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......efused, the defendant moved the High Court Division but the motion was summarily rejected and then Civil Appeal No. 32 of 1986 was filed in the Appellate Division. The Appellate Division in the above decision considered the case of Amjad Ali Vs. Ali Hossain and another reported in 15 CWN 353 in whic..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......unal was right in holding that the Deputy Commissioner of Taxes was correct in taking the interest income and that the Additional Commissioner of Taxes ("AACT") was correct in upholding the said decision of the Deputy Commissioner of Taxes?" 10. In course of argument the learned adv..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......vice but mere rendering of service does not make an ‘Organisation’ or Establishment’ an Industry as defined in section 2(XIV) of the Ordinance and in this respect we can profitably refer to the decision in the case of Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors., Cholera..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......ernment decides withdrawal of a case. In the instant case no reason/ground has been assigned for the withdrawal of the case and there is no indication that materials were considered before taking the decision. When the accused persons are still absconding the discretion to withdraw the case ought no..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......uble jeopardy as recognised in section 26 of the General Clauses Act, 1897, prohibits trial and punishment twice on the same facts. 5. The learned Advocate for the appellants has referred to the decision in the case of Masirali and others Vs. Abdul Mamith, 8 DLR 634 and the decision in the case..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......s that the existing law places the judge in a position of loco parentis of the victim girl, this responsibility should not be shifted or delegated to the jail custody. By referring to certain English decisions the learned Advocate argues that having regard to the reality that with passing of time a ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......pplication for bail, pre-arrest or otherwise, without moving the Court of Sessions at the first instance. 11. The learned Attorney-General has based his submissions relying mainly on four decisions which he has exhaustively placed before us. They are: Crown vs. Khushi Muhammad, 5 DLR (F..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......espondents to show cause as to why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (Annexure-B). 2. Learned Advocate for the petitioner..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......ze of the bore of the pistols. The question whether the seized arms satisfy the requirements for an exemption, as laid down in Table 1 of Schedule 1 to the Arms Rules, 1924, should better be left for decision to the trial judge who will have the benefit of the opinion of the arms expert, cited as a ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....k that is very fair and highly equitable. 53. None of the examples cited supports or is anywhere near to the interpretation given in the impugned judgment in any manner. We are not considering a legislative provision granting mataa as a recompense but whether the High Court Division was right i......sion against the judgment and decree passed by the learned District Judge and its jurisdiction was to see if there was any error of law committed by the Subordinate Court resulting in an error in the decision occasioning failure of justice. The error of law must have to be found within the framework..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......out that only two minor injuries were found by the doctor. From this, she argued that the offence was at best an offence under section 304 of the Penal Code. 7. On the above question there is no decision of the Tribunal. However, we have found that the death was not suicide and was caused not f..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......in an appropriate forum, if so advised, but they are not certainly entitled to get a remedy under section 151 of the Code of Civil Procedure to rectify substantive mistakes affecting the merit of the decision. Section 151 of the Code of Civil Procedure is no doubt a special preserve of the Court for..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....rd ‘যৌতুক’ in section 2 (cha) of the Ain the above allegations constituted any offence under section 11 of the said Ain. 7. To resolve the above question we are to look back to the legislative history. Curse of dowry in our country is of recent origin. Before 1980 our law makers d...... the existing marriage smoothly. So the words "as consideration for the marriage" in the above explanation means "reward or payment for smoothly continuing the marriage." It was also observed in that decision: "We cannot give restricted meaning to the words “consideration for the marriage only to ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ore this Division was filed by the defendants (opposite parties) and the said appeal was dismissed and the order of injunction prayed by the petitioner was affirmed by this Division. Against the said decision, the defendants opposite parties preferred an appeal before the Appellate Division of the S..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ...... Senior Special Judge in the special case must be held to be illegal and consequently the entire proceedings of the special case must be quashed. Learned Advocate in support of his submission cites a decision reported in 48 DLR (AD) 167. 6. Rule was opposed by both the Assistant Attorney‑Gene..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......f time for deposit of solatium and refund of the advance. 5. The self-same ground was taken by the plaintiff before the learned Judge of the High Court Division who, relying on the decision in Ashraf Ali @ Uddin Mondal and another Vs. Bayla Hasda and others, 17 DLR 593, found him..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
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