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Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

.... the Investigating Officer to destroy the prosecution case but in the face of the most consistent and overwhelming evidence of the other eye-witnesses to the occurrence, who are natural, probable and independent witnesses having no animus against the accused petitioner as a motive for deposing false......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......ch sets out the terms and conditions of employment. Each of the petitioners accepted the terms and conditions as contained therein. Thereafter Bangladesh Biman Corporation issued individual letter of appointment dated 27th April, 1993 to all of them. And they form part of a batch of appointees known..

Category: Employment/Service Law | Date: | Hits: 113

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ar Shahi Masjid is on Cadestral Survey Plot No. 3 and the land of Cadestral Survey Plot No. 2 and the land of Cadestral Survey Plot No. 3 and the construction standing thereon are quite different and independent. The relevant portion of the written statement stated in paragraph No. 18(jha) is extrac......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ade organisation) questioning the validity or propriety of any act or proceeding of such trade organisation or of the Executive Committee or other body thereof, or the constitution of, or election or appointment to, such committee or body, by any member of such trade organisation unless such member ..

Category: Company Law | Date: | Hits: 198

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

.... the predecessor of the plaintiff being in possession of the land for a long period exceeding 12 years or by custom had acquired the occupancy right in the land sold in rent decree which he inherited independent of the benami purchase and that right having not been annulled under section 167 of the ......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...

Category: Property Law | Date: | Hits: 98

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....aid Act of 1974. It is further observed that- “On plain reading of section 7 of the Ordinance 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing talaq cannot be given effect to until and unless such notice is given to......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512...

Category: Family Law | Date: | Hits: 180

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....tractual nexus between the Issuing bank and the beneficiary of the credit, is, though ancillary to the underlying or the principal contract, between the seller and the buyer, a separate, distinct and independent contractual nexus, in that the right and the duty to pay the beneficiary as per the term......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..

Category: Civil Law | Date: | Hits: 164

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......rade organisation) questioning the validity or propriety of any act or proceeding of such trade organisation or of the executive committee or other body thereof, or the constitution of or election or appointment to, such committee or body, by any member of such trade organisation or by any member of..

Category: Civil Law | Date: | Hits: 74

Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)

....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......r Mutwalli of the said State. 2. It appears from the record that the opposite party, Md. Abdul Ghani on 16-6-84 made an application before the Administrator of Waqfs, Bangladesh for cancelling the appointment of the petitioner as Mutwalli of the Natu Mallick Waqfs Estate of Dhaka. The original wa..

Category: Trust/Waqf Law | Date: | Hits: 174

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......itted that the respondent workers can not be made permanent workers inasmuch as they were not appointed probationers and that there was no such permanent post existing at the time of their respective appointments and hence the question appointment as permanent workers does not arise inasmuch as the ..

Category: Labour and Industrial Law | Date: | Hits: 134

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......995 therefore, the tenure of the respondent No. 2 as the Managing Director of the Company had expired on 31-12-1999 under section 110(2) of the said Act. 17. The petitioner further argues that the appointment of Auditor in the 7th annual general meeting is contrary to the Companies Act being for ..

Category: Company Law | Date: | Hits: 247

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....r section 85(3) of the Companies Act, 1994 (hereinafter called "the Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neu­tral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ...... days and submit report to the chairman of the Board. The Petitioner raised objection about the impartiality and neutrality of the inquiry officer stating that he was not neutral Person and asked for appointment of a new committee with a neutral persons under Regulation 40(2) of Regulation, 1990. Th..

Category: Employment/Service Law | Date: | Hits: 104

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ...... Mutwalli and he applied for enrollment of the estate in the office of the Waqf Administrator and was enrolled on 22-6-1995 being EC No. 2623 in the office of the Waqf Administrator, Dhaka. 3. The appointment of the Mutwalli as per aforesaid tradition being followed as per desire of Waqif and acc..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....facie case is the most important one and also it has been held that justice requires that the decree-holder should not be deprived of the enjoyments of the fruits of his decree pending decision of an independent suit relating to the same property. So, in view of my above elabo­rate discussion on th......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...

Category: Procedural Law | Date: | Hits: 80

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....to prove his knowledge but the findings and conclusion have made based on solitary witness, the pre-emptor himself who is an interested witness. It is not necessary to seek, corroboration always from independent sources but in the instant case the pre-emptor himself stated to have knowledge from the......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..

Category: Property Law | Date: | Hits: 36

State Vs. Masum and others, 2010, 39 CLC (AD)

....een disclosed by the evidence of P.W.1 in respect of time, place and recov­ery of arms and ammunitions which are corroborated by the P.W.2 as one of the eye witness and the said P.W.'s are very much independent and impartial witness and seizure list have been prepared immediateÂ......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..

Category: Criminal Law | Date: | Hits: 47

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

...., Justice and Parliamentary Affairs. He could have continued as such for another nine months more. He opted for the opportunity only with expectation that he could perform justice whole heartedly and independently until he would attain the age of retirement. 23. Non-confirmation of Additional Jud......ondent. Writ Petition Nos. 1543, 2975 and 3217 of 2003. Judgment Md. Abdur Rashid J.- The above Rules Nisi were on 4-5-03 issued calling upon the respondent, Bangladesh to show cause why non-appointment often Additional Judges in the High Court Division shall not be declared to have been do..

Category: Constitutional Law | Date: | Hits: 253

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......ion in disposing of Writ Petition Nos.2174, 4452 and 5539 of 2008 and No. 1299 of 2009, wherein the notification published in the "Daily Naya Digonto" on different dates inviting the applications for appointment in the posts of Assistant Station Master, Chowkider, Guard Grade-2 and Khalashi, by the ..

Category: Employment/Service Law | Date: | Hits: 86