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Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......lause "whereas the Government is satisfied" appearing in the detention order and similar language in the Bangladesh Public Safety Ordinance or the Special Powers Act, cannot mean Government's satisfaction as it is an abstract entity. 3. Mr. B.B. Roy Chowdhury, learned Assistant Attorney-General..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ary. After the dismissal of the Review Petition on 30-11-2006 the petitioners again requested BJMC to pay their outstanding arrear salary for the period from 1-9-2002 till their reinstatement, but no action was taken. In such circumstances, the petitioners served notice Demanding justice upon the re..
Category: Criminal Law | Date: | Hits: 83
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......bordinate judge allowed the appeal on contest and dismissed the cross-appeal. 5. Mr. Nirmalendu Bikash Datta contends that the Court of appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as they were depositing the rents in the ..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
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) 265.
......is a cashier under the 2nd party petitioner Bangladesh Jute Corporation. The Secretary of the petitioner-corporation asked the respondent No.2 by letter dated 23.6.82 to show cause why disciplinary action should not be taken against him for defalcation of Tk. 12.032/- by creating false and fictiti..
Category: Labour and Industrial Law | Date: | Hits: 166
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......onal Board of Revenue, Segun Bagicha, Dhaka. Let a copy of this Judgment be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......the intent to obstruct or delay execution of any decree and the allegations made in the applications are vague and general in nature without any concrete material before the Court below for its satisfaction as required by law and he contends that there being no specific statement regarding the attem..Category: Procedural Law | Date: | Hits: 118
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......nts in the suit. Subsequently, the bank filed an application before the Artha Rin Adalat praying for lodging a complaint against the defendant-petitioner before the Magistrate concerned for necessary action. 3. The petitioner before us filed written objection against the aforesaid application of ..Category: Criminal Law | Date: | Hits: 82
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceeding or there is an infraction or evasion of law calling for immediate redress, the High Court Division would be justified i..Category: Criminal Law | Date: | Hits: 76
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......raps worth of Taka 1,20,00,000. They suffered huge loss, responsibility of which mostly would fall upon the bank.
On the pleadings, usual issues framed on the maintainability of the suit, cause of action and the relief as prayed for by the bank.
30. On the evidence adduced by the parties, the ..
Category: Civil Law | Date: | Hits: 92
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......names in the records of right after releasing the said properties from the list of vested properties. On 28-1‑2001, the Secretary, Ministry of Land, directed respondent No. 2 for taking necessary action but till date no action was taken by him. 5. On 13‑6‑2001 the Assistant Commissioner (..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......nate Judge correctly found the suit barred and rejected the plaint. 6. On behalf of respondents No. 1 it is submitted that as the learned Subordinate Judge found that the plaintiff had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in re..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......er sections 406/420/34 of the Penal Code for sending his son abroad by the opposite party No. 1 and another. But subsequently, the opposite party No. 1 did not send his son abroad and denied the transaction between them as per agreement dated 13‑3‑1997. The photo copy of the said agreement dated..Category: Criminal Law | Date: | Hits: 94
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......e at least every co‑operative year, so that in case of any irregularity or embezzlement of the fund by any member, he shall be in a position to exercise his discretionary power whether or not legal action should be taken against him under law in the facts of the given case, whatever act the petiti..Category: Criminal Law | Date: | Hits: 89
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. ...... The word 'debt' is derived from the Latin "debere" meaning to owe, "debitum" meaning something owed. It is a Common Law word of technical meaning. In a purely technical sense it is that for which an action of debt or "indabitatus assumpsit" will lie. 11. In Halsbury’s Laws of England, Vol. 6, ..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.
......f the parties themselves and their privies ingredient No. (iii) is the material element is the decision for it determines finally their rights and liabilities in relation to the subject-matter of the action. It is the judgment that stops the parties from reopening the dispute. However, for the pur..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......ant Nos. 1 and 7 jointly made an application under Order VII rule 11 clause (a) of the Code of Civil Procedure for rejection of the plaint mainly on the ground that the plaintiffs had got no cause of action to institute the suit on 6‑5‑92 before expiry of the stipulated period of 90 days for per..Category: Property Law | Date: | Hits: 61
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. ......t the claim of the plaintiffs is barred by the principles of res judicata, acquiescence and waiver. The suit is also barred by limitation. The plaintiffs had neither any locus standi nor any cause of action for the suit. 6. Admitting the above genealogy of the plaintiffs, the defendant contended ..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......5. After arrival of the goods, the customs authority at ICD, Kamalapur issued a letter dated 22‑5‑2000 asking the petitioner company to show cause within 7 days of receipt thereof as to why legal action would nor be taken under the Order for causing possible loss in revenue for reasons of differ..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....ave explanation on 16‑6‑1993 Exhibit 2 and in the said explanation he admitted the guilt and begged apology. Since the plaintiff admitted the guilt, in any opinion, no further inquiry or 2nd show Cause notice was necessary, because, on humanitarian ground, they only discharged the plaintiff so t......hment of the defendant petitioner-company namely, Padma Oil Co. Ltd, since 2‑5‑1980 as Accounts Officer, he was very sincere, honest and hard working and had been performing his duties with satisfaction of his higher authorities, his service record was clean and no punishment was awarded on him ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......e exercise of authority. Respondent No. 2 was, in fact, victimised for his trade union activities as he was playing active role. The active role of respondent No. 2 incurred the displeasure, dissatisfaction and grudge of the petitioner. It was resolved in a meeting held on 19‑1‑1979 between the ..Category: Labour and Industrial Law | Date: | Hits: 152
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