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One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....C Rules and the Articles of Association of One Bank Limited by first offering them to the Sponsor Shareholders at prevailing Stock Market price. The Board also drew the attention of the management to resolution No. 4 of the minutes of the 103rd Board meeting held on June 29, 2006 on sale of shares b...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......g fishes and that the said stool and the hurricane were in Court. He stated that he was a student of Class‑III. He also stated that his father demanded loan money from the accused and that led to a dispute. He further stated that he was 11 years old and could understand what was true and what was ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......g cross-examination by defence, nothing could be elicited from this witness for the benefit of the defence. However, he has stated that he came to learn that Civil cases are pending in respect of the disputed Shaymahar Dighi and none of the parties showed any paper in respect of thereof to him. 2..Category: Criminal Law | Date: | Hits: 104
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......(3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. There is no dispute that detention of the detenu under the provisions of section 3 of the Special Powers Act is ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....eport by signing the petitions and in fact the complainant was SEC and not its officers. Mr. MA Rashid Khan who was merely authorised by the Chairman on behalf of SEC himself being so authorised by a resolution dated 2-4-97 of the SEC only to present the extracts of that report to the Court and the ...... and figures than those of the remaining portion of the said letter and the same have been surreptiously inserted subsequently by some interested quarters. In these References we cannot decide such a disputed question. We would assume that the said letter of authority was given to the said officer o..Category: Business or Commercial Law | Date: | Hits: 219
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......itioners and accordingly can be said committed an offence as stated above under section 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liabl..Category: Labour and Industrial Law | Date: | Hits: 201
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......herefore, argued by Mr. Mainul Hosein that no individual or institution other than the financial institution can file a suit invoking the jurisdiction of the Artha Rin Adalat for determination of any dispute or realisation of any claim. From the reading of the section it is also clear that this adal..Category: Civil Law | Date: | Hits: 116
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......in the Comilla Bench no Deputy Attorney-General has yet been appointed, but the Assistant Attorney-General Mr. AF.M. Shahid, has been appearing in Death References although. These facts have not been disputed by Mr. Moksudur Rahman. The observation of the learned Judges is, therefore, not based on a..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......f the Ordinance, to amend and consolidate the law relating to formation of Trade Unions, regulation of the relations between Employer and Workmen and the avoidance and settlement of any difference or dispute arising between them or matters connected therewith and ancillary thereto. At the time of th..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... of a contract will normally govern the transaction, or other relationship between the parties, rather than the general law, Thus, where a special method of resolving disputes (such as arbitration or resolution by private or domestic tribunals) has been agreed by parties (expressly or by necessary i......he end of the 19th Century, the Court of Kings Bench extended its controlling jurisdiction to include them as well. 52. Since all these bodies were exercising statutory powers, it was natural that disputes about the limits of their power should be settled by the Courts by recourse to Prerogative ..Category: Property Law | Date: | Hits: 159
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......pplication in the present case. Consequently, the submissions of Mr. Mahbubey Alam along with the decisions of our apex Court on that point deserve no consideration. 8. It appears that there is no dispute as to the initial title of the original lease-hold owner, the Austrian Lady. Several matters..Category: Property Law | Date: | Hits: 127
....communicative device, so that the people remain assured that nobody shall touch the Holy Mosque and that it shall also be preserved and protected at all cost.
There is yet another point that needs resolution.
37. The petitioner filed this writ petition as a public interest litigation without s......r, UNO Shibganj, OC, Sadar and Shibganj, Bogra to stop and ensure all kinds of construction works at the Mahasthangar Ancient Monument area and at present no such construction work is going on at the disputed place. The respondent No. 3 himself is visiting the place regularly.
11. Fulltime police..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... democracy as envisaged in the Constitution. So is the need to protect and sustain the purity of the electoral process. That may take within it the quality, efficacy and adequacy of the machinery for resolution of electoral disputes. Thus, free, fair, impartial and periodic election may constitute a....... 25. The principle of res judicata is nowhere mentioned in the Constitution. But the principle of res judicata as found in the Civil Procedure Code is also applicable to a writ petition involving dispute of civil nature and the principle should not, however, be applied in a writ matter in terms ..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......prosecution. 4. Mr. Rafiqul Islam, learned Advocate for the appellant, has made strenuous efforts to convince us that the appellant's failure to produce the tractor, the ownership of which is in dispute, does not constitute any offence of criminal breach of trust, particularly when the appellan..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... security already furnished; a collateral or auxiliary security is enforceable only when the primary security after being enforced falls short of meeting the obligation to repay the loan. There is no dispute that unless there is a primary principal security the question of collateral or auxiliary se..Category: Fiscal/Taxation Law | Date: | Hits: 269
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......rporting to cancel an earlier order dated 27-1-75 made under article 10(1) of the President's Order No.27 of 1972 was with lawful authority and
3. Whether the appellant has any locus standi to dispute the validity of the orders made or the directions given by the Government of Bangladesh.
..
Category: Others | Date: | Hits: 154
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs both claim title to the land by purchase and their rival purchase is in dispute. It being a suit for permanent injunction the basic question for decision is the possessio..Category: Property Law | Date: | Hits: 78
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Ordinance in relation to on industrial dispute includes a person who has been dismissed, discharged, retrenched, laid off or otherwise remo..Category: Labour and Industrial Law | Date: | Hits: 201
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... forum for holding the trial in respect of the said offences when the Act came into force on 9-2-1974 whereas those offences were allegedly committed on 5-2-1974. It is to be noted that there is no dispute that the Act was not given a retrospective effect. So when there was no existence of the Act..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....akash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences reported in (1999) 3 Supreme Court Cases 60 wherein it has been held that: “It will be seen from the above case that the resolution of the Committee was part of the termination order being an enclosure to it. But the offe......post of Tax Inspector, that right could not be taken away without affording opportunity of hearing to him. Any order passed in violation of principles of natural justice is rendered void. There is no dispute that the Commissioners order had been passed without affording any opportunity of hearing to..Category: Employment/Service Law | Date: | Hits: 155
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