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Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....supported by our apex Court. i) A cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonour on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instruments Act s...... be quashed. 8. Mrs. Towhida Khatoon, learned Assistant Attorney General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the ..Category: Criminal Law | Date: | Hits: 113
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......rned have vested by operation of law cannot claim a higher right than the said owner in respect of the property in possession of a third party under a valid agreement, until and unless an appropriate action under Article 17 of the President's Order No.16 of 1972 has been taken. Learned Counsel has f..Category: Property Law | Date: | Hits: 79
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......ed to it by the Government or some other agencies or which has been received by it from any other sources. Article 6 provides that after examining the case, the Board will recommend the appropriate action and Article 6(2) provides that the Government may, while giving effect to the recommendation ..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......the employees of a statutory Corporation as under: (a) if an employee is dismissed or his service is terminated in contravention of the mandatory statutory provision the employees has right of action either in the superior court in its writ jurisdiction or in civil jurisdiction; (b) if the..Category: Employment/Service Law | Date: | Hits: 123
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ase No.138/61-62. In Writ Petition (WP) No.8065 of 2006 the writ petitioners, being tenants under the Waqf Administrator of Property of the Ainuddin Haider and Faizunnessa Waqf Estate, challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the sch..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... agency or the Adalat, as the case may be, is under legal duty to comply with the provision of law fixing the time limit as prescribed by law, least to avoid the department or other appropriate legal action for non compliance of the provision of law. The report submitted by the police discloses a..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......He further submits that this appeal should be disposed of only on law point without going into the detailed facts of the case so that the Anti-Corruption Commission may issue notice on fresh cause of action. 11. Admittedly, the case was initiated on the strength of the notice dated 18.2.2007 (Ext..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ing his appearance in the suit filed an application under Order VII Rule 11 of the Code of Civil Procedure praying for rejection of the plaint contending that the plaint did not disclose any cause of action and that plaintiff had no legal character to file the suit. Plaintiff contested the applicati..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......ten statement denying all the material allegations made in the plaint contending inter alia that the suit is not maintainable in its present form and that the plaintiff-petitioner has got no cause of action to file this suit. Shortly stated the positive case of the opposite parties as stated in the ..
Category: Property Law | Date: | Hits: 82
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
...... take steps to initiate criminal proceeding against the petitioner Md. Mizanur Rahman and the concerned office assistant, and to intimate this Court through the Registrar, Supreme Court, as to what action has been taken, within one month of receipt of a copy of this judgment and order. Let a copy ..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......eal No.738 of 2004 arising out of the aforesaid Judgment reported in 56 DLR as aforesaid. 38. A plain reading of the plaint of the instant suit amply suggests that the suit arose out of a cause of action which is unique and hardly goes with most other cases of the kind. The plaintiff (O.P.1) sets..Category: Civil Law | Date: | Hits: 141
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10....... 2. Mr. Kazi Shahadat Hossain the learned Counsel representing the petitioner focuses his arguments that the amendment has changed the nature and character of the suit, it has brought a new cause of action and it has caused prejudice to the defendants. Mr. Hossain, relied on the decision in the cas..Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ar 1971‑72 and as such the amount should have been added back to profit under section 10(2A) of the Act during the assessment year 1975‑76 but as the Deputy Commissioner of Taxes did not take any action under section 10(2A) in respect of these liabilities during the assessment year 1976‑77 the..
Category: Fiscal/Taxation Law | Date: | Hits: 188
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... on any matter affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecuniary interest of 'the Government' or to prevent the infraction of any law of the protection of the pecuniary interest of the Government, and every officer i..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......der, which may operate to the prejudice of another, the Court or the said body, as the case may be, is bound to observe the principle of natural justice in making the said order or to taking the said action, in the absence of any positive legislation dispensing with such observance' and must, theref..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
...... No.2 in this appeal, to pay by 30-3-70 sum of Rs.545/70 on account of land revenue which, it was stated in the notice, he had not been making payment of or to show cause by the said date why legal action should not be taken against him under Public Demands Recovery Act for “wilfully defaulting ..
Category: Property Law | Date: | Hits: 114
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... With the aforesaid observations Civil Rule No. 709(R) of 2008 (Violation) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......ashed on three grounds: firstly, the allegations made in the petition of complaint, even if taken to be true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the due..Category: Criminal Law | Date: | Hits: 95
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......finding can be arrived at that a public nuisance has been committed the clement contained in section 268 of the Penal Code must be established. Common injury, danger or annoyance mentioned in the action must be to the public at large dwelling in the vicinity and not to a particular individual." ..Category: Criminal Law | Date: | Hits: 76
....he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......nessman and is engaged in the business of, amongst others, import and selling of food grains such as rice, wheat etc.
(b) The applicant is aggrieved by and impugns herein the illegal and arbitrary action of the respondents in keeping under lock and key the imported Canadian wheat stored by the ap..
Category: Civil Law | Date: | Hits: 131
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