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....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......orted in 32 DLR 252, it has been held as follows:
"In the foregoing facts and circumstances of the case the petitioner's valid purchase of the property from the said Sushil Kumar Gangali remains undisputed uptil now. This is quite evident from the order passed on 15.3.77 by Mr. M. A. Samad, Joint..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......by RAB. 33. Now let us turn to the second point as to whether the impugned order dated 03.04.2008 passed by the learned Metropolitan Sessions Judge is sustainable in law. 34. The main point for dispute was that the Court can not pass order to RAB for investigating a case as per section 6B of t..Category: Criminal Law | Date: | Hits: 76
....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.
...... Commissioner and another, [1985] XVIII SCMR 464, said Supreme Court reversed the finding of the High Court that subsequent writ petition was barred by res judicata on the view that-
"It cannot be disputed, therefore, that the essential ingredient of res judicata that the matter on which the plea..
Category: Civil Law | Date: | Hits: 92
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in rejecting the plaint of such suit. We have perused the record. 7. Facts are not disputed. The plaintiff instituted the suit for a decree of following declarations that, (ক) à¦..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....s obtained advances/loans against schedule 112 accounts in the names of fictitious persons from different branches of the IFIC Bank. On detection of those loan accounts, the Beximco Holdings by board resolution dated 12‑12‑93 admitted and acknowledged their liabilities of outstanding dues as aga......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
.... following view: "I come to the conclusion that what was done on that occasion was not the act of the board of directors, and did not bind the company, and had not the effect of getting rid of the resolutions previously passed by the board. Under these circumstances I come to the conclusion that ......the petitioner does not come within the clause, 'without sufficient cause'. He relied upon the Company Law Digest and the Company Law by Shaukat Mahmood and Nadeem Shaukat. 17. Facts which are not disputed are that, the company CA Hamid and Company Limited was incorporated on 20‑6‑69 under th..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... and 2000 i.e. within a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a resolution of the Board of Directors of the bank, Annexure‑F‑1, approving a monthly allowance of......besides the said amount of Taka 1,80,000, which he had withdrawn as additional allowance, the petitioner had also withdrawn Taka 6,51,015 which was required to be ascertained on evidence and that the dispute did not cover the provisions of the Co‑operative Societies Act. The police report shows th..Category: Criminal Law | Date: | Hits: 89
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. ......pplication is motivated, frivolous, ill advised and is an abuse of the process of this Court. It is further alleged that the application has been filed with a so called statement of "failure to pay undisputed and admitted claim of the petitioner", which, in fact, is not true. The petition has been m..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......s) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As such, the petitioners by their letter dated 5‑8‑2003 brought the dispute to the notice of the Hon'ble Finance Minister (Annexure-D series) but the Hon'ble Minister b..
Category: Employment/Service Law | Date: | Hits: 99
....Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......ovided by the said provision of law are neither efficacious nor speedy as is available under Article 102 of the Constitution. The learned Advocate further submits that in the instant case there is no dispute as to the amount of any particular bill, rather the petitioner has obtained instant Rule for..
Category: Others | Date: | Hits: 135
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......material element is the decision for it determines finally their rights and liabilities in relation to the subject-matter of the action. It is the judgÂment that stops the parties from reopening the dispute. However, for the purposes of the docÂtrine of precedents, ingredient No. (ii) is the vital..
Category: Fiscal/Taxation Law | Date: | Hits: 140
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. ...... most illegally dismissed the suit in its entirety. 13. On the other hand, Mr. Subash Chandra Saha, learned Advocate for defendant No.1 and opposite party No.1, submits that said defendant did not dispute the possession of the plaintiffs but the possession of the plaintiffs is confined to aforesa..Category: Property Law | Date: | Hits: 64
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....ntatives of the CBA and the petitioner-company that the management of the petitioner company would pay Taka 10,000 to each worker towards profit-sharing earned by the petitioner-company. But the said resolution was not respected by the petitioner Âcompany and instead first information report was lo...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332....... for us to decide first whether the learned trial Judge was justified in decreeing the suit ignoring the opinion of experts in respect of thumb impression of defendant No. 3. In order to resolve this dispute let us advert the material evidence on record. 13. At the trial the plaintiff-Bank examin..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......urned back to the petitioner with the postal endorsement "Refused" on 31.8.2005. Within 15 days from this date the petitioner was required to file the case with the House Rent Controller. There is no dispute that the petitioner has filed the case within time seeking permission to deposit the monthly..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....d upon the Opposite Party reiterating its abovementioned claim. 5. The Guarantee, as constitutes an independent agreement between the Petitioner and the Opposite Party, provides, inter alia, for a resolution of disputes in the terms as provided for in Clauses 17 and 18: "17. Any disputes or di......osite Party reiterating its abovementioned claim. 5. The Guarantee, as constitutes an independent agreement between the Petitioner and the Opposite Party, provides, inter alia, for a resolution of disputes in the terms as provided for in Clauses 17 and 18: "17. Any disputes or differences aris..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. ......he service of the petitioners implies exclusion of operation of the Regulations of 1979. 36. It seems that Mr. Abdur Razzaq has rightly contended that the legality of the contracts is not in dispute. No allegation of fraud, coercion, intimidaÂtion, undue influence and malpractice has been ..Category: Employment/Service Law | Date: | Hits: 145
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......fied the change to the Administrator. Apparently, the petitioner acted under section 51 of the Waqf Ordinance. (2) But if the intimation given by de facto Mutwalli is challenged or if there is any dispute with regard to the entitlement of any person to the office of Mutwalli-ship Administrator ha..Category: Trust/Waqf Law | Date: | Hits: 188
....593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnaphuli Paper Mills Limited passed a resolution to change its name from the original name to Karnaphuli Paper Mills Sramik Karmachari Uni......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...
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. ......d Advocate submits. The learned Advocate further submits that alternative remedy is available to the petitioner before the Election TribuÂnal set up by statute for the purpose of settling elecÂtion dispute. The learned Advocate has also pointed out that the result of the Malonchi Union Parishad de..Category: Election Law | Date: | Hits: 171
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