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....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......‘Resident Property contested the suit by filing written statement denying the allegations of the plaintiff and stating, inter alia, that the suit is not maintainable and the plaintiff has no cause of action. It is their case that this Ram Chandra Paul, the vendor of the plaintiff, was the owner, no ..
Category: Property Law | Date: | Hits: 134
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......is illegal as such, the same is not sustainable in law. Both the accused Khalilur Rahman and Habibur Rahman acted in their individual liability, as such, each of them is liable to account for his own action. The wounds alleged to have been committed by accused Habibur Rahman on Sikim Ali as appears ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ....... Such a contemptuous writing without permission from the authority on the part of a judicial officer is also offence. However, that is for the Executive Branch of the Government for taking necessary action. The expressions "offensive role" and “only the spineless or utter indifferent can do so. W..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ...... enquiry was made by the Bureau of Anti‑Corruption and merely stated that said Bureau did not contact him after submission of statement of his assets and liabilities and the Bureau would have taken action against him if his properties were found disproportionate to his known, sources of income. It..Category: Criminal Law | Date: | Hits: 125
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......o were punished in disguise by the authority having recourse to Rule 50(2) of the Employees Service Rule, 1992 instead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the princi..
Category: Employment/Service Law | Date: | Hits: 160
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......-88 though informed time and again by the plaintiff, the appellant is not entitled to take resort to Clause 5(a) & (e) of the DOS policy as the word immediately denotes 14 days to cover immediate action, that the appellant has not shown as to how he terms the claim as fraudulent as per Clause 8(..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ent on the basis of several subsequent agreements as per statements made in the plaint of Artha Rin Suit it does not show any relationship with the loans given and the title deeds deposited. The transaction as entered into shows that the deposit of title deeds and sanction of loan to M/s. Capital Sh..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......said Court of the Subordinate Judge for dissolution of partnership and rendition of accounts but the said suit was subsequently withÂdrawn with permission of the Court to sue afresh on same cause of action. Hence the instant suit. 4. The defendant Nos.1-3 contested the suit by filing a joint wri..Category: Business or Commercial Law | Date: | Hits: 349
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......he suit property, the consideration being fixed at Taka 12,00,000.00 and the agreement was executed on 30-7-79 when taka one lac was paid as earnest money and it was decided to complete the sale transaction on or before 31st December, 1979, but the defendant having suffered a stroke on 2-11-79 was t..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....n, Court of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purpose of such suit, be deemed to be a Court of Small Causes." 12. Now, th......ecial Powers Act, 1974, the releÂvant portion of which is as follows:- (1)………………………… (2) Notwithstanding such repeal:- (a) any order or rule made or anything done or any action taken or any proceeding commenced under any provision of the Security Act, 1952 (XXXV of 1952..Category: Procedural Law | Date: | Hits: 152
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......thenticated Declaration to publish it, and as such, there was no publication de jure. 41. As Mr. Matin Khashru rightly submitted, the Declaration of a newspaper is neither a chattel nor a chose in action. This is a kind of a non transferable license, issued to an individual at the discretion of t..Category: Others | Date: | Hits: 171
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......Âpers and he informed the employer of the same by a letter dated 20.11.83 requesting the employer to reÂplace the enquiry officer and to appoint a neutral perÂson for holding fresh enquiry. But no action was takÂen. Ultimately he was dismissed from service by a letter dated 27.11.83 which was re..Category: Labour and Industrial Law | Date: | Hits: 160
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......ken over Sd/-S.M. Ekramuddin 4.7.66 For M/s. Rahmania Agencies Sd/- 4/7/66 Copy to: I.E.E. Dev. Bldg. Div. I for information 2. Estate Office for information and necessary action No:-537(3)IV dt. 4/7/66 3. M/S. Rahmania Agencies for information." 13. Just after ..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......ny opportunity of personal hearing to the petitioner before bringing him from the post of Assistant Professor back to the post of Lecturer and sending monthly pay order in the scale of Lecturer. Such action was nothing but arbitrary exercise of public authority since it violated the elementary princ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......s required under section 33 of Bangladesh Labour Law. According to section 33 the respondent No.2 ought to have served grievÂance petition to the petitioners within 30 days from the date of cause of action but the respondent did not do so. 13. The extract of section is quoted below: “৩ŕ§..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ...... convened Annual General Meeting of the Society on 30-12-2002 (Annexure-B) and the programme/agenda of the Annual General Meeting was also published (Annexure-C) containing schedule of varÂious transactions including election of Vice-President, Treasurer and Members of the Managing Board and that i..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......ceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international banking rules providing and regulating provision for opening of a let..Category: Civil Law | Date: | Hits: 212
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ing illegal and without jurisdiction the lower appellate Court set aside the judgment of Election Tribunal and there is no error of law. He added that after close of the polls in question, subsequent action of the Election Commission and other authorities are, on the face of it, illegal. In order..Category: Election Law | Date: | Hits: 248
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ......vernment which was ilÂlegal as it violated Article 56 (3) of the Constitution. 13. The said provision of Article 56(3) of the Constitution is in the following language:- "56. (3) All executive action of the GovernÂment shall be expressed to be taken in the name of the President." On behal..Category: Criminal Law | Date: | Hits: 117
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, SecÂond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ...... which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case. It may be of fact or law. It would include a point which relates to the cause of action for the plaintiff or his locus standi to bring the particular suit. "Moreover, Order XLIV, ru..Category: Civil Law | Date: | Hits: 205
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