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....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......ocument were allowed to be raised. The District Judge dismissed the suit upon the view that the will was genuine with authority of the defendant to adopt. The plaintiffs appealed to the High Court on number of grounds. The High Court decided the question of genuineness of the will only and refused t..
Category: Civil Law | Date: | Hits: 92
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......never properly put on the list of members, and were entitled to have their names removed." In re Sly, Spink & Co, [1911] 2 Ch 430, under the articles of association of the company, the minimum number of directors which could constitute a board of directors of the company was four and three of..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......34 provides that if an accused committed more offences than one of the same kind within a space of twelve months from the first to the last offence, he may be charged and tried at one trial, with any number of them not exceeding three. There is total misjoinder of charges and the learned Magistrate ..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......neous Case No.5 of 1998. The trial Court upon exanimation of witness by order dated 30‑1‑2001 allowed Miscellaneous Case No.39 of 2001 and restored Miscellaneous Case No.5 of 1998 to its file and number. 6. Being aggrieved thereby the pre-emptees moved this Court and obtained the present Rule..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......sociation of the Association. It is further alleged that the sub‑stratum of the Association has broken up and the respondent Association is a big defaulter in respect of payment of rents and a good number of employees and officers of the Association have not yet received any money on account of th..Category: Employment/Service Law | Date: | Hits: 144
....presentatives in the national life. In Great Britain only in 1918, most men over the age of twenty-one secured the right to vote while the women got such right in 1928. The property requirement for a voter was finally removed only as late as in 1949 and a supervisory independent body called an Elect......tion Commission in Part-VII of the ConstituÂtion. Article 118 reads as follows:
"118. (1) There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and t..
Category: Employment/Service Law | Date: | Hits: 99
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......ct of parties, hotchpotch and the rights of the plaintiffs to partition of the suit land as co-sharers only were raised. Plaintiffs examined five witnesses while the defendant No.1 also examined same number of witnesses. Plaintiffs' documents were marked exhibit No.1 to 3 series while those of the d..Category: Property Law | Date: | Hits: 64
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......te the arbitration agreement between the parties thereto, by their very formulation allow for the application of Section 11 of the Act given that the parties have not by such agreement determined the number of arbitrators. Accordingly, by dint of Section 11(2) of the Act any arbitration tribunal for..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... employees working on deputation in BFCC under a Voluntary RetireÂment Scheme (VRS). Furthermore, several permaÂnent employees were terminated and/or removed from service by Biman. As a result, the number of permanent employees of Biman working on deputaÂtion in BFCC was considerably reduced. At ..Category: Employment/Service Law | Date: | Hits: 145
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......and this Court has every jurisdiction to issue Rule and the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on tho..
Category: Labour and Industrial Law | Date: | Hits: 203
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e case of Shahabuddin Iskandar Vs. Bangladesh Election Commission & others reported in 27 DLR 475, Amjad Hossain Howlader Vs. Govt. of Bangladesh and others reported in 27 DLR 373 wherein a large number of decisions of the Appellate Division and the High Court Division of the Supreme Court have ..Category: Election Law | Date: | Hits: 171
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......20’ have been undertaken violating the laws of the land including the National Environment Policy, 1992. Scope of the so-called land acquisition matters, if lawfully applied, only relate to a small number of people and lands i.e. 210 hector compared to the total physical and ecological area to be ..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......1993. 18. The amended section 4 of the Act, 1974 is as follows: “4. Nikah Registrars.- For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such area as it may sp..Category: Civil Law | Date: | Hits: 90
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......nd order dated 12‑11‑84 passed by the learned Subordinate Judge, Habiganj in Misc. Appeal No.165 of 1982 and 166 of 1982 should not be set aside and the appeals should not be restored to file and number after striking out the name of Abdul Hashim and bringing the opposite parties on record as re..Category: Procedural Law | Date: | Hits: 70
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......Begum and others, (2010) 62 DLR (AD) 277, the Appellate Division held as under: "8. It appears from the record that the writ petitioners are individual tax payees under separate tax identification number. No order was admittedly served upon any of them under section 26(1) of the ACC Act, 2004 ask..Category: Criminal Law | Date: | Hits: 108
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......rding to law and definitely not in an arbitrary and whimsical manÂner. The detenu must know what are the grounds unÂder which he is being deprived of his liberty. It has been consistently held in a number of decisions of the High Court Division and also Appellate DiviÂsion of our Supreme Court th..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......le of Kazir bazar cattle market could not be bathed in it. He also noticed that there was a private lube well near the mosque but that was not a convenient source of water for the cattle and the huge number of people assembling in the cattle market. He found that the river Surma was far away from th..Category: Property Law | Date: | Hits: 58
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....s and Chairman, such election shall be held simultaneously. The purpose of holdÂing such election simultaneously appears to be to minimise cost, time and energy and to afford an opÂportunity to the voters to exercise their right to vote in favour of their choice candidates both for the ofÂfice of......Union. 2. Petitioner's case in short is that in all the six polling stations, including the aforementioned two, election was held peacefully and fairly on 10.2.88 and he having secured the highest number of votes was legally to be declared elected. But the ReÂspondent No.3, who is the sitting Ch..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....the opposite party No.1. It is alÂleged that the election was not held in accordance with the provisions of the Ordinance and the rules of the Union Parishad. Opposite party No.1 resisted the female voters from attending the polling booths on religious plea. Opposite party No.1 also intimidated som...... Election Tribunal before the District Judge, Bakerganj. The appeal was, however, subsequently transferred to the District Judge, Bhola after creation of the new district of Bhola. The appeal was reÂnumbered as Election Tribunal Appeal No.2 of 1984. The learned District Judge observed in his judgme..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
.... with the necessity for fresh poll at one centre presumably on the ground that there was a fair election held in that centre. AccordÂing to him the plaintiff has filed the suit as a citizen and/or a voter and not necessarily as a candidate in order to vindicate a civil right against the illegal orÂ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
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