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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....chedule" property was missing long before filing the instant suit and to that effect he lodged two G.D. with Sutrapur police station on 23.01.1978 and 14.10.1978 respectively, that is, long 3/4 years prior to filing the present suit on 29.02.1983. This witness also stated in his deposition that: এ......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

.... him which show that the guarantor is seen not only responsible for repayment of the loan his liability to repay need not even be postponed till the principal debtor fails to repay the loan. From the priority point of view in repaying the loan, the guarantor may be compelled before even compelling t......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.  ......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.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... of 60 days. Taking Annexure-'D', 'G', 'G-1' and 'E' together, it leads us to the irresistible conclusion that the service of the contractual employees of BFCC like the petitioners is terminable with prior notice. In other words, the relationship between the Biman authori­ty and the petitioners is ...... 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. ......ve Fishermen Co-operative Society Limited Vs. Bangladesh, 1981 BLD (AD) 103; Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property, 55 DLR (AD) 15; Yunus Mia Vs. Secretary, Ministry of Public Works & Urban Development, 45 DLR 498; State of Karnataka Vs. Umadevi (3), (2..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....sappropriation of any public property or otherwise converting for her own use have been disclosed either in the FIR charge sheet or 161 statements of witnesses. 6. The case was started without any prior sanction for lodging the case against the accused petitioner and the so-called sanction letter......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. ......letter of intent in their favour for pro­duction of gas and oil in joint venture with Petro Bangla. Although the said proposal was not in accordance with the rules, the said proposal was sent to the Ministry of Powers, Energy and Mineral Resource, for taking necessary action in accordance with the ..

Category: Criminal Law | Date: | Hits: 126

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....endment on 31.10.1988. It has also been pointed out earlier that the op­posite party No.2, the Karnafully Paper Mills Workers Union, has already handed over charge to the petitioner on 15.11.1988 prior to issuance of the Rule on 23.11.1988 by this Court. These facts of handing over charge by the......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262...

Category: Labour and Industrial Law | Date: | Hits: 203

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ivity analysis, integration of operation and maintenance in the design and documentation system. If applications of these aspects of modern planning and design should have been impossible, it would a priori seem irresponsible to move on the implementation.” 52. Annexure-L is a Resolution of Eu......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Develop­ment and Flood Control, Government of the People's Republic o..

Category: Environmental Law | Date: | Hits: 1051

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ...... is any averment in the writ petition whether he made any grievance against taking of sample behind the back of the petitioner or his clearing and forwarding agent Enem Enterprises Ltd. appointed for clearance of the first consignment. It appears from the petition that Bill of Entry No.17263 dated 1......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....ernment.” The procedure for selection of candidate is laid down in rule 5 and in sub-rule (3) of rule 5 it has been provided that the Advisory Committee shall select three candidates in order of priority for each office and the Registrar shall forward the names of the selected candidates along ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......h Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Banglad..

Category: Civil Law | Date: | Hits: 90

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

.... the defendant No.1 remained a defaulter. I find from the deposition of P.W.1 Jahanara Hasan, who is the full sister of defendant Nos.1 and 2, that she has been collecting rent herself since 1987 and prior to that her sister-in-law used to collect rent. She further stated that rent for the suit prem......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

...., as such, the action taken by the alleged committee is without jurisdiction. The learned Advocate further submits that the Managing Committee cannot give effect to any decision of theirs without the prior approval of the Board and in that view of the matter the plaintiff should not have been suspen...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...

Category: Employment/Service Law | Date: | Hits: 101

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

.... in Admiralty Suit No.33 of 1995. 22. Mr. M Hafizullah, the learned Council, appearing on behalf of the Opposite Parties could not deny the fact that the vessel MV Mauro D’Alesio left Bangladesh prior to getting herself surveyed by any surveyor in Bangladesh. 23. Dr. Zahir submits that the M......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....ed to be added as respondents. It is also submitted that the provisions of Order XXII of the Code of Civil Procedure would not apply in a case where the appeal was filed against a person who had died prior to the filing of the appeal. 13. It is further submitted that the appeal is hopelessly barr......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. .......)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgmen..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ...... Md. Fazlul Haque J Jobon Nahar and others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh an..

Category: Limitation Law | Date: | Hits: 175

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....hief Martial Law Adminstrator and others reported in 32 DLR (AD) 100 and Contended that sanction can be obtained after submission of charge‑sheet but before the trial commences even in case where a prior sanction by the Government is enjoined by law. This case was with regard to prosecution of a G......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. ......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. ..

Category: Criminal Law | Date: | Hits: 70

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

.... his arrest, veteran Indian trained miscreant Obaidul Qader, a Central Com­mittee member of Mujibbadi Chhatra League was found in his house. The said Obaidul Qader had returned from India a few days prior to the arrest and was given shelter thereby the detenu for organizing prejudicial and anti-sta......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. ......luddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respondents Judgmen..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....der of conviction and sentence is sustainable in law. 12. Admittedly, the deceased Hanufa Akhter was the wife of the convict-appellant Humayun and she was given, in marriage with him about 2 years prior to the alleged occurrence. It is also admitted that Hanufa Akhter while living with her husban......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..

Category: Criminal Law | Date: | Hits: 112

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....ant case the above decision can be profitably applied to ascertain the voluntariness or otherwise of the confession. Since the accused appel­lant was found to be in the police custody for three days prior to his production before the Magistrate when the confession was recorded and since the con­fe......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...

Category: Criminal Law | Date: | Hits: 84

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ushan Bijaya Shaukat Ali Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. Sec­retary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advo..

Category: Criminal Law | Date: | Hits: 66

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

.... defence story of possession from 1947 and 1950 but nevertheless there is no evidence to show that the certificate-debtors or any other persons except defen­dants were in possession of the suit land prior to the auction-purchase by the plaintiff. The plaintiff did not adduce any evidence to prove t......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...

Category: Property Law | Date: | Hits: 66