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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. ...... 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. ......iterated by our Appellate Division in the case reported in 3 BLC (AD) 213 where it has been held that a winding up petition is not a legitimate means of seeking to enforce payment of a liability, the nature of which is bona fide disputed by the Company. It has further been observed that the defence ..Category: Employment/Service Law | Date: | Hits: 144
....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.
......reby 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.
......h law and therefore should not be regarded as a precedent.
19. It is also quite possible that certain directions are issued by the Court in 'peculiar facts of the case' and they are not in the nature of declaration of law by the Supreme Court under Article 141 of the Indian Constitution.
2..
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. ......rds at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......three daughters, namely, Boro Panchi, Jhoharmoni and Choto Panchi. Consequently, under Dayabagh School of Hindu Law Sumati as the surviving widow inherited the estate left by Paban Mondal. 19. The nature or incidents of widow's estate and/or the rights and obligations of such widow are now well s..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......he refused him all the while. She added that there was a village salish over the matter and that caused a slight delay in lodging the first information report. She proved the ejahar Exhibit 1. Her signature in the first information report has been marked Exhibit 1/2. In cross-examination she stated ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......Khalilur Rahman, Advocate ‑ For the Petitioner. AKM Ashiful Haque, Advocate ‑ For the Opposite Parties. Civil Revision No. 2514 of 2000. Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 t......contrary to the Service Rules of the Corporation. 9. To substantiate the submissions of the learned Lawyer of the defendant‑ petitioner that after even establishment of the said corporation, the nature of the petitioner namely, Padma Oil Co. Ltd, remained same, though the petitioner is controll..Category: Employment/Service Law | Date: | Hits: 122
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... (HCD) (2010) 623. ......ressed to the Borrower and copied to the Opposite party, notified the Opposite Party of the Borrower's default of the Loan Agreement. Furthermore, directly putting the Opposite Party on notice of the nature of such default, the Petitioner by a letter dated 8.10.2009 called in the Guarantee and made ..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. ......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. ...... those of the permanent Biman employees working in BFCC and why clause (d) of the Bangladesh Biman Corporation Organization Order No.13 of 1989 dated 11-11-1989 (Annexure-‘D’) issued under the signature of the respondent No.3 purporting to discriminate between the regular employees of Banglade..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......ter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......r legal vetting. Thereafter, legal vetting was obtained on 15-5-1999 with unnatural speed and ulterior motive and the above decisions were sent to the Prime Minister (accused petitioner) under the signature of the Secretary, Ministry of Energy and Mineral Resources and after the approval of the Prim..Category: Criminal Law | Date: | Hits: 126
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....... and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......h regard to the entitlement of any person to the office of Mutwalli-ship Administrator has to see whether the dispute attracts the provisions of section 43 of the Ordinance. If the dispute is of such nature that section 43 is attracted, then no doubt the Administrator can proceed under the terms of ..Category: Trust/Waqf Law | Date: | Hits: 188
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......e even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... be mentioned that the cases cited arise out of an application filed under section 561A of the Code of Criminal Procedure and the power under section 561A and that of 439 of the Code are different in nature. Section 435 of the Code of Criminal Procedure refers to inferior Court and so the High Court..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. 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. ......, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......pears that the matters are controversial and need determination by evidence. 6. As to the disputed question of fact it is now well-settled that a proceeding in a writ jurisdiction is more in the nature of summary proceeding in which examination of disputed question of fact of complicated natu..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ...... of sub-section (3) of section 25 of the Drugs Act. 17. As to the merits of the case, it is seen that in the instant case, the defence has taken the plea of lack of knowledge as to the-adulterated nature of the drugs. It has been stated in 342 statement by the accused that the appellant No.1, t..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ...... In his opinion, death was due to shock and hemorrhage as result of abovementioned injury which was ante mortem. Circumstantial evidence will prove whether it was accidental, suicidal or homicidal in nature. In cross examination he stated that the neck was connected by the skin only and he did not m..Category: Criminal Law | Date: | Hits: 72
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......opolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......te person who took upon himself to conduct a trial of the accused and to sentence him to imprisonment without any authority at all. In this latter alternative, the remedy of release by process in the nature of habeas corpus, section 491, Criminal Procedure Code would be the appropriate remedy.” ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......d appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......ost mortem examination over the dead body opined that the death of deceased Nasiruddin was due to asphyxia resulting from strangulation associated with injuries which was ante-mortem and homicidal in nature. On receipt of the postmortem report P.W.1 lodged FIR with the Rupgonj PS on 1-11-88 giving r..Category: Criminal Law | Date: | Hits: 56
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......s being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......the order, then the order cannot be sustained on the ground that some of the grounds are valid. But, if, there are materials to hold that the ground which is bad or irrelevant is of inconsequential nature and that may be in very rare cases, than the Court may sustain the order of detention but tha..
Category: Criminal Law | Date: | Hits: 103
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Ak...... long grants for a period beyond statutory period of limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any manner." There were also prayer for temporary injunction and mandatory inj..Category: Property Law | Date: | Hits: 58
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......aid Code he further submits that the special law overrides the general jurisdiction conferred on the Civil Courts under section 9 of the said Code to entertain a claim merely because it is of civil nature. In support of his submission Mr. Abdul Quayum has cited several case laws namely ILR 31 Bomb..Category: Election Law | Date: | Hits: 207
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......DLR (HCD) (1989) 190. ......ten statement. 6. Thereafter the defendant-petitioner obtained the present Rule. 7. Mr. T.H. Khan, learned Advocate for the petitioner, submits that the proposed amendment will not change the nature and character of the suit. It will, on the contrary, contribute to determine the real contro..Category: Property Law | Date: | Hits: 58
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......n the same Court where the alleged defamatory statement had been made, is without any legal basis. 16. The Court of Chief Metropolitan Magistrate, therefore, had a duty, on a complaint of this nature under section 499 of the Penal Code, to initiate a proceeding without directing the complaina..Category: Criminal Law | Date: | Hits: 77
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