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Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....f fact and its irrelevant consi­deration not within the mischief of section 32 would be an illegality. If any other fact is considered by the Administrator of Wakfs in removing the Mutwalli from his post of Mutwalliship not coming within the mischief of section 32 it would been exercise of power be......tion of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the respondents had themselves approached the High Court in the exercise of its revisi......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 124

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....of Dhaka Club Limited since 1983 and he is in the habit of criticising the management for betterment of the club and is contemplating to contest the next election to be held in November, 1995 for the post of president. The members of the present Executive Committee do not like the idea of the plaint...... 26.8.95 is illegal, unlawful, without any lawful authority and is of no legal effect and not binding upon the plaintiff being void and mala fide. 3. The appellant's case is that he is a permanent member of Dhaka Club Limited since 1983 and he is in the habit of criticising the management for bet......al Talukdar Vs. Netai Chand Koby). 11. Mr. Huq also placed before us Chitty on Contracts 26th Edition, Vol.1 Note 1900 at page 1899, where it has been noted that the Rules of Members Club or Trade Union may have contractual force and wrongful expulsion from such an Association in breach of its ru...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......r though there is no sanction for such review note in the Martial Law Regulation. "A persona designata is a person pointed out or described as an individual as opposed to a person ascertained as a member of a class, or as filling a particular character," by this test and in view of the decision c......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ..

Category: Constitutional Law | Date: | Hits: 259

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....hile Accused No.1 was also made trustee No.2 in the said trust deed and other trustees belong to the same family; Sometimes thereafter, in the year 1996 Atika Khanam died and she had been holding the post of Chairman of the trust till her death. Thereafter, Ummay Kulsuin Siddiqua Huda became the cha......operties described in the schedule A to the plaint is the property of the plaintiff trust, (b) a decree for khas possession of B and C schedule property after evicting the defendants and their family members by removing all obstruction therefrom, (c) a decree for permanent injunction against the def......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

.... 2008 who found that the final Voter list was sent on 14.10.2008 showing the number of voters as 276. 9. They have contended that since the petitioner was the candidate for election to a different post i.e. president and he actively participated in the election process without raising any questio......sposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-operative Society consisting of primary co-operative societies as its members. For holding election of the Managing Committee of Gaforgaor. UCCA, a three member Election ......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......itional District Judge and another for theJoint Registrar, Divisional Co­operative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..

Category: Others | Date: | Hits: 140

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......refully read would give out three main ingredients- (1) that there shouldbe a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (3) that each and every member of such dacoits numbering over 5 are constructively liable for commission of the offence. ......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....ly establish that: a. without even suing the principal debtor repayment of the loan the creditor may seek to proceed against the guarantor, and b. the guarantor's liability to repay may not be postponed until the principal debtor fails to repay the loan and that accordingly, such guarantor ma......e purpose of insuring themselves against a wide range of risks not covered by an ordinary policy of marine insurance. By so entering one or more of their ships in a P. & I. club shipowners become members of that club. P. & I. clubs operate on a system of mutual insurance under which the succ......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......g to award Law Degree of U.K. University including the University of Williamsburg U.K. due to the inaction of the Respondent Nos. 1-4. Being cheated herself the Petitioner claims to represent similar members of the public and has come to this Court and obtained the present Rule. 5. The Responden......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......er, the Parishad submitted its proposal to respondent No.4 i.e. the Upazilla Nirbahi Officer (UNO)and requested him to take necessary steps in the matter. Respondent No.4 informed the Parishad that 3 members of the Parishad objected to the place gifted by Haji Md. Abdul Momith. Thereafter, the chair......writ petitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 has been filed by Md. Sharif Uddin, Chairman of Budh Bari Bazar Union Parishad, PS Golaphganj, District Sylhet, and Writ Petition No.3772 of 2008 has been filed by ......etitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 has been filed by Md. Sharif Uddin, Chairman of Budh Bari Bazar Union Parishad, PS Golaphganj, District Sylhet, and Writ Petition No.3772 of 2008 has been filed by Haji M..

Category: Property Law | Date: | Hits: 130

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....s and the Rules made thereunder as to the recognition of Bohmong chief but there is only mention about investiture under rule 48. Thus it is clear that Bohmong chief is not a holder of any Government post but is a political office and is merely nominated and recognised by the Government from amongst......ions including District Gazetteer, this rule as a custom has been recognised and reported and that the petitioner is grandson of the 9th chief and nephew of 11th Chief and that out of the living male members of Bohmong dynasty petitioner is the senior most in age, whereas the respondent No.4 Kayw Sa......ling family and the tribal people for being recognised as the chief and respondent No.4 is one of the senior members of the ruling family and he is an eminent social worker and former chairman of the Union Parishad and he has support of the majority members of the ruling family. The said summary was......amily and the tribal people for being recognised as the chief and respondent No.4 is one of the senior members of the ruling family and he is an eminent social worker and former chairman of the Union Parishad and he has support of the majority members of the ruling family. The said summary was appro..

Category: Civil Law | Date: | Hits: 185

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....ly, be put thus: The petitioner joined the service of the respondent No.1 in September, 1966 as a Lower Division Assistant. Thereafter, he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till......harges mentioned therein to which petitioner replied denying the frivolous and baseless charges brought against him. Thereafter, therespondents purportedly formed an Inquiry Committee consisting of 3 members to inquire into the allegations brought against the peti­tioner and the said Inquiry Commit......tioner was elected as the President of the Karmachari Samity of the respondent No.1 in 1990 and again re-elected as its President in 1993. The aforesaid Karmachari Samity is the only registered Trade Union of the Karmacharies of the respondent No.1 and is the only Collective Bargaining Agent of the ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....n Act. It has been held in the case reported in AIR 1947 (Mad) 315, that where after the filing of an award in Court one of the parties to the arbitration, being misled by the order of the Court posting the suit for objections files objections instead of an application to set aside the award, a...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....ni Chowdhury and Radhika Narayan were elected as the donor member and founder member respectively. On 6.3.2003, in the first meeting of the managing committee of the said school, the election for the post of Chairman of the Managing Committee was held. In the said election, the petitioner secured 5 ......tee of the J.K. High School, in the District of Hobigonj, was held on 5.2.2003 and the petitioner Abul Hossain Azad, Asom Ronjon Das, Nirendra Mohon Ghose and Md. Nurul Islam were elected as guardian members while Alhaj Gholam Rabbani Chowdhury and Radhika Narayan were elected as the donor member an......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....Sabuj in abroad or refunded the money back and to that effect repeated arbitration was held but with no effect. He added that the accused killed his brother. The accused fled away after receiving the post mortem report. He added that the dead body was hanged with the "Dharna" at the Machine room adj......that his elder brother Joynal Abedin committed suicide by hanging and the dead body was hanged at the Dharna of the adjacent house of accused Roushani. He reported the incident to the local Chairman, members and also to the Police station. The Police rushed to the scene and found multiple marks of i......n Ali deposed that on the night following 15-06-1996 the occurrence took place. On hearing the incident he found the dead body hanging at the machine room. At that time he was the member of the local Union Parishad. He reported the incident to the Chairman, many people reached at the scene. They sus......deposed that on the night following 15-06-1996 the occurrence took place. On hearing the incident he found the dead body hanging at the machine room. At that time he was the member of the local Union Parishad. He reported the incident to the Chairman, many people reached at the scene. They suspected..

Category: Criminal Law | Date: | Hits: 142

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ...... aforesaid provisions of the aforesaid two sets of laws are made to coexist by giving harmonious interpretation or the said offending provisions of the Narcotics Control Act are removed by amendment, members of the petitioner association as manufacturers of homeopathic medicine and drugs will be ser...... Vs. Bangladesh and others................................................................Respondents Judgment March 15, 2003 Result: The Rule is discharged. Case Referred to- Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14. Lawyers Involved: Dr. Kamal Hossain ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ..

Category: Others | Date: | Hits: 341

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

.... the Respondent No.1, the order of dismissal was perfectly according to law. 4. After hearing the parties the learned Labour Court found that the grievance petition was not submitted by registered post as required by section 25(1) of the Employment of Labour (Standing Orders) Act, 1965 and, as su...... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ...... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ...... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 141

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......2 convicting the accused appellant under section 387 of the Penal Code. 2. The prosecution case is, in short, that in the night following 5.6.92 after the evening meal one M Askander Ali and other members of his family went to bed. Later on at about 12‑30 his wife Monowara Begum woke up and wen...... worth Taka 25,600.00. Later Askander Ali narrated the whole incident to others who came to the place of occurrence. 3. The FIR which was written by Askander Ali was lodged by the Chairman, Barthi Union Parishad. After investigating the case the police, on 6‑6‑92, arrested the accused appella...... Taka 25,600.00. Later Askander Ali narrated the whole incident to others who came to the place of occurrence. 3. The FIR which was written by Askander Ali was lodged by the Chairman, Barthi Union Parishad. After investigating the case the police, on 6‑6‑92, arrested the accused appellants, e..

Category: Criminal Law | Date: | Hits: 132

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..

Category: Others | Date: | Hits: 112

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....kept the petitioner under suspension and when he issued notice demanding justice for filing writ petition No.285 of 1989 challenging impugned illegal order of suspension the respondent Nos.1 and 2 in post haste framed frivolous charges against him and the same having fallen through due to production......bitrary nor for collateral purpose; that the Selection Board constituted on 8.7.77 for selection of employees of WASA including a Deputy Secretary of the Ministry and some Joint Secretaries joined as members of the Board of the Authority; that post of Member of the Authority is higher than the Comme......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527...

Category: Employment/Service Law | Date: | Hits: 231