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Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......M Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... delegatee could further delegate the authority to the said officer was only to present the extracts of the said report, to depose and produce documents before the Court. Such acts are of ministerial nature and require no personal skill. But that question was not raised before the Sessions Judge and..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ssed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......stions whether the Officer could be retired compulsorily on the ground of inefficiency under the powers quoted in the impugned order. Yet, while reaching its conclusion it totally lost sight of the nature and extent of that power. The source of the power for retiring the respondent compulsorily,..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......ever, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......mises though according to him ''forcibly" on 6.5.73. 6. The suit was filed on 1.9.73. As noticed, the suit is for declaration of tenancy. When we asked the plaintiff respondent's Counsel as to the nature of the suit and whose tenancy he was claiming between 16.9.72 to 1.9.73 and to whom he paid r..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......for the newly created separate tenancy under Khatian No.18. This is subdivision pure and simple of the original holding under Khatian No.14. Again, whether a case attracts clause (c) depends upon its nature and implication and not upon how it has been described or designated by the Revenue Officer. ..
Category: Property Law | Date: | Hits: 128
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. ......r is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......d criminal proceedings stating inter alia that the present criminal case did not lie and that the complainant as Assistant Quality Assurance Manager exercised managerial, administrative and executive nature of work and he will not come within the ambit of "worker" as defined under sec..Category: Labour and Industrial Law | Date: | Hits: 201
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......m ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......cer (section 23A), or by a Tribunal (section 23B) and the three sections prescribing three different punishing authorities each with different power and procedure and entailing punishments of unequal nature and description, offended against Article 5 of the Constitution and was for that reason void...
Category: Property Law | Date: | Hits: 150
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......ion in this proceeding and the Small Cause Court Judge is competent to incidentally decide the question of title. From the pleading of the petitioner it is essentially a case of Small Cause Court nature and title being as incidental question, the Court of Small Cause Judge can decide this issue"..Category: Property Law | Date: | Hits: 113
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. ......ute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......upport of his contention the learned counsel has referred to the provision of section 5(1) whereby the jurisdiction of the Artha Rin Adalat has been provided only for the financial institution of the nature and character as defined in sub‑section (ka) of section 2 of the Act. It is further submitt..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......tention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......e and framed the guidelines who reported to the Government about such finding. 14. Mr. AK Mujibur Rahman, the learned Deputy Attorney General submitted that the SRO so made by the Board are in the nature of Rules. The primary legislative function having ended with amendment giving power to the Bo..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ter of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ey are proprietor of a design of fan duly registered under the Patents and Designs Act, 1911, being Design No.00661 dated 4‑1‑89. A copy of the certificate showing the picture with description of nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After..Category: Intellectual Property Law | Date: | Hits: 192
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....... 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.......dly issued on 4-4-83 was in fact issued on 5-4-83 when jurisdiction of the Bench over this matter was already ousted. In support of this contention he has referred to the Assistant Registrar's signature and date on the Rule. The original date was 5-4-83 as distinctly visible, but the figure "5" ..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......t, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......the-impugned kabala in favour of appellant Altafur Rahman was under challenge, and it was a document executed by a purdahnasheen lady, and so the onus that the lady got independent advice as to the nature and effect of the transaction into which she was entering, and that she executed the document..Category: Property Law | Date: | Hits: 73
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......m leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... it’s legitimacy. 60. Lloyd LJ in Penal on Take-over, supra expressed, “But in between these extremes there is an area in which it is helpful to look not just at source of the power but at the nature of the power. If the body in question is exercising public law functions or if the exercise o..Category: Property Law | Date: | Hits: 159
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......roperty- Any person who [unlawfully or maliciously]-(a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in [Bangladesh] of a nature likely to endanger life or to cause serious [injury to person or property]; or (b) makes o..Category: Criminal Law | Date: | Hits: 119
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......ciple 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 of the Code of Ci..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......ansferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......roin was taken out in Text kit. From each of the packets heroin was taken out as sample and put them sealed with label in presence of the witnesses for chemical examination and the accused put his signature thereon. Thereafter the informant and his party went to room No.15 and seized passport and we..Category: Criminal Law | Date: | Hits: 164
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. ......This Case is also Reported in: 35 DLR (AD) (1983) 262. ......instrument for securing loan is chargeable under Article 40. Mortgage deeds are chargeable at three different rates as prescribed under clauses (a), (b) and (c) of this Article according to their nature or classification. When possession of the property which is subject matter of the mortgage ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......rcement of right of pre-emption and that the question to be considered is whether the original transfer is still subsisting. It has been observed by the learned Judge- “In an application of this nature, either under section 26F of the Bengal Tenancy Act or under section 24 of the East Bengal No..Category: Property Law | Date: | Hits: 77
....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.
......Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......e Government under Article 10 (1) (d) as mentioned above.
37. Subsequently also from correspondences between the Ministry of Industry and the Ministry of Commerce it appears that the commercial nature of the respondent’s concern was admitted by the Government. On January 10, 1975 the Ministr..
Category: Others | Date: | Hits: 154
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... Shaha, (1981) 33 DLR (AD) 130. It has been contended before us by Khondker Mahbubuddin Ahmed, Counsel for the defendant-appellant, that the decision of the learned Single Judge as to the mandatory nature of the provisions of section 17 (1) is not based on the correct interpretation of the princip..Category: Procedural Law | Date: | Hits: 109
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