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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো ভাই). That cousin used to..

Category: Criminal Law | Date: | Hits: 73

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......lar per metric ton and furnished a bank guarantee of 2,49,630 US dollar. As per that contract the respondent No.1 supplied 1, 53,755.07 metric tons of Clinker to the present petitioner. Thereafter, a dispute arose between the parties and, as such, the respondent No. 1 sought arbitration as per agree..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....er compliance of formal­ities by its letter under memo dated 18th February, 2007 recommended for their appointment in different cadres. While they were awaiting for appointment let­ters, the PSC by resolution dated 1st July, 2007 cancelled the viva-voce examination result and directed them to appe......s of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evi­dence. In case of highly disputed ques­tions of fact for decision, a civil suit, not a writ petition, would be the appropria..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....d result in the loss of some personal benefit or advantage or the curtailment of a privilege or liberty of franchise." In that case the petitioner Miah Fazal Din sought for a declaration that the resolution of the Lahore Improvement Trust allotting some land to the respondent 2 was made without ......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331...

Category: Property Law | Date: | Hits: 58

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....a false allegation against respondent No.5 that she is not a primary member of the constituent Samity, although she was a member of that Samity and was legally nominated as Chairperson. The connected resolution removing her and electing another Chairperson was done illegally and all actions taken in......ral Development and Co‑operative Division, Ministry of Local Government, Rural Development and Co‑operatives Government of Bangladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, hereinafter referred to as the 'KAR..

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......his appeal and the appeal be dismissed and the reference be accepted by affirming the judgment of the Court below in so far the condemned prisoner is concerned. 24. In the instant case there is no dispute over the fact that Taslima Begum had been murdered and her dead body was found in a ditch wh..

Category: Criminal Law | Date: | Hits: 76

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......er in his petition that after liberation he submitted an application praying for allotment of an abandoned house in his favour to the Ministry of Public Works and Urban Development which allotted the disputed house at 9, Shirish Chandra Das Lane, Dhaka to him by allotment letter dated 22.5.74 (Annex..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... failed to point out to any other decision on the question. I, therefore, find nothing wrong in the said finding of the Court of appeal below. 9. When contending parties to a suit compromise their dispute in respect of the subject matter of the suit in consideration of something not covered by th..

Category: Property Law | Date: | Hits: 88

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... The Teachers Council of the Jagannath College met in an emergent general meeting on 7.8.90 which was presided over by the Principal of the College, denied all the allegations in strong words and the resolution of the said emergent meeting was sent to the Vice‑Chancellor and other concerned author......rs Farid Sons Ltd. Vs. Government of Pakistan reported in PLD 1961 (SC) 537. It is held in that decision: "A tribunal acts judicially in the full sense of the term if- (1) It has to determine a dispute; (2) The dispute relates to a right or liability which, whatever its immediate aspects, i..

Category: Others | Date: | Hits: 153

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ...... 881, 890, 893 and 894 recorded in CS Khatian No.138 (Annexure A‑1) and two plots of land bearing Nos. 878 and 879 recorded in CS Khatian No.330 (Annexure‑A) are the subject matter of the instant dispute. These two CS Khatians were recorded in the name of the tenant Sharafatullah under the landl..

Category: Property Law | Date: | Hits: 125

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......house of Matbar Ali in a cot which was identified by Chowkider Yusuf Ali as the dead body of Abu. The Investigating Officer also made inquest on the dead body of Abu. 15. The defence also does not dispute the death of these 5 persons namely Azimuddin, Suruj, Chand Mia, Abdul Ahad and Abu. 16. ..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......amounts to an abuse of the process of the Court and the same therefore should be quashed. His next submission is that the allegations as made in the GDE or in the prosecution report relate to a civil dispute and the same do not involve any criminal liability and as such the accused petitioner should..

Category: Criminal Law | Date: | Hits: 88

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......o conflicting interest with the deceased plaintiff and could legally proceed with the suit being transposed from the category of defendant as plaintiff in place of her husband for adjudication of the dispute involved in the suit, the High Court Division erred in law in setting aside the order of the..

Category: Property Law | Date: | Hits: 65

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. .......1 rejected the appellant’s application for stay of the proceedings of the Artha Rin Suit. 3. Leave was granted to consider the sub­missions of the learned Advocate for the appellants that "the dispute between the parties arising out of the buy-back agree­ment was required to be resolved by a..

Category: Civil Law | Date: | Hits: 78

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......lations Ordinance because the law was promulgated to the formation of trade unions, for the regulation of relationship between employer and employee and the avoidance and settlement or any defence or dispute arising between them. The Indian Supreme Court in the case of Madras Jimkhana Club Employees..

Category: Labour and Industrial Law | Date: | Hits: 123

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......tion 96 of the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. The..

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......house of Matbar Ali in a cot which was identified by Chowkider Yosuf Ali as the dead body of Abu. The Investigating Officer also made inquest on the dead body of Abu. 15. The defence also does not dispute the death of these 5 persons namely, Azimuddin, Suruj, Chand Mia, Abdul Ahad and Abu. 16...

Category: Criminal Law | Date: | Hits: 68

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611....... in this suit was passed on 30.8.89 and the Government having lost the case filed an application for certified copy of the judgment and order immediately on the same day i.e.. on 30.8.89. There is no dispute as to that. It further appears that the certified copy of the judgment was delivered to the ..

Category: Limitation Law | Date: | Hits: 192

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....in petition under section 162 of the Companies Act. Sections 162 and 163 of the Companies Act runs as follows: "162. A Company may be wound up by the Court.‑ (i) if the company has by special resolution resolved that the company be wound up by the Court ; (ii) if default is made in filing......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......ring that the point agitated in the election petition before the Tribunal is also beyond the jurisdiction of the Election Tribunal. In elaborating this point Mr. Azizul Huq submitted that an election dispute would not include any dispute as to acceptance or rejection of a nomination paper, it being ..

Category: Election Law | Date: | Hits: 156