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Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. 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: 7 LG (HCD) (2010) 297. ......rdance with law. 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: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......2 and Title Suit No.40 of 2004 before the Joint District Judge, Dhaka challenging the legality of the Arbitral Awards passed by the International Court of Arbitration. In this connection the relevant provisions of law are required to be referred to for having a better view of the dispute in question..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....why he should not be committed to prison on some ground such as judgment-debtors likely to abscond, dishonestly transfer, conceal, remove his property, etc. 22. However, this provision is not also mandatory in all case as Order XXI, rule 37 also provides that such notice shall not be necessary if......ode was issued to the judgment debtor-petitioner before issuance of warrant of arrest against him and therefore, the order of issuance of warrant of against is unlawful for violation of the aforesaid provisions of the Code and thus, the impugned order is liable to be struck down. In support of hi..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....oses the said prayer for the learned Advocate. 12. We have heard the learned Advocates of both the sides, perused the writ petition and annexures thereof. 13. Admittedly the goods are under the mandatory pre-shipment scheme has been inspected by the Government approved PSI agency Bureau Verita......as direction from this Court to release the goods on payment of entire duties and Taxes according to CRF value and also seeks a permission to file review application before the Review Committee a per provisions of PSI Rules, 2002. The learned Assistant Attorney General do not opposes the said prayer..Category: Fiscal/Taxation Law | Date: | Hits: 151
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ...... of .06 acres of property from Cadastral Survey plot No.398 in Cadastral Survey Khatian No.68. 29. Trial Court exhibited the two deeds, Exhibits 6 and 7 without any proof and without compliance of provisions of Evidence Act in getting the documents admitted and exhibited. Documents which are not ..Category: Procedural Law | Date: | Hits: 155
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......he Negotiable Instrument Act provides protection to a banker receiving payment for a customer in good faith and without negligence. Section 131 of the Act reads as follows: "Subject to the provisions of this Act relating to cheques crossed "account payee" where a banker in good faith and ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......strate or a Magistrate, 1st Class prior to 09-02-2006 but by the Sub-section (C) of section 141 of the Negotiable Instruments Amendment Act, 2006 (Act III of 2006) was amended and thus substitute new provisions and made the same offence triable by the Court of Sessions in place of Magistrate 1st Cla..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......he authority to cancel the Export Registration Certificate. But some procedures have been incorporated in those three articles of the Order. Mr. Rafiq‑ul Huq submits that after complying with those provisions the Export Registration Certificate of the petitioners could be cancelled by the Controll..Category: Civil Law | Date: | Hits: 140
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ...... service without payment of his outstanding dues. Admittedly one medicine Depot it situated in Rajshahi which is within the local limits of District Judgeship of Rajshahi. Section 20 CPC provides the provisions for institution of the suit, it clearly specified that where a person has a permanent dwe..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....smiss and terminate the servant at any time without showing any cause. Mr. Khadem has next submitted that the suit is not maintainable under Section 42 of the Specific Relief Act without a prayer for mandatory injunction as the plaintiff is admittedly out of service. In support of his submission he ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......s of dismissal. 14. Sub‑section 2 of section 17 of the Employment of Labour (Standing Orders) Act, 1965 provides as follows: "Any worker found guilty of misconduct but not dismissed under the provisions of sub‑section (1) in consideration of any extenuating circumstances may be discharged,..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......Vs. Bangladesh reported in 44 DLR (AD) 111 does not bar the filing of a writ petition by an officer of a Corporation though he is amenable to the jurisdiction of the Administrative Tribunal under the provisions of Administrative Tribunal (Amendment) Ordinance 1984 as contended by the learned Advocat..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......basis for considering the petitioner for other cadres except the police cadre, specially when Bangladesh Civil Service Recruitment Rules, 1981, are equally applicable to all the cadres and no special provisions are framed in the Rules for appointment to police cadre. It shows vacillation by the resp..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......f Md. Mostafa Mondal Vs. The State reported in 35 DLR 362 decided by a Single Judge of Rangpur Jurisdiction. Before considering the decision of the learned Single Judge, I would consider the relevant provisions of the Criminal Procedure Code. The proviso to sub-section (3) of section 9 of the Cr.P.C..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......9 are not enlisted as disabled freedom fighters.
5. Syed Humayun Kabir Khadem, learned Advocate submitted that the petitioners 1, 18-19 were already getting state honorarium in accordance with the provisions of the Regulations, 1984 and as such they acquired a vested right to get it as usual at t..
Category: Constitutional Law | Date: | Hits: 237
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....eard. It is the cardinal principle of interpretation of any Deed or Statute that the proviso to a section is to be regarded to have an overriding effect and control over the whole section. This is a. mandatory provision as to interpretation of law disregard of which would nullify all action taken un......removing the petitioner from the office of the Mutwalliship. He has further argued that the learned District Judge and the Administrator of Wakfs did not at all consider the position of law and the provisions of section 32(1) of the Wakfs Ordinance in removing the petitioner and as such the Judgme..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither comes within the mischief of illegal gratification nor under any of the provisions of Martial Law Regulation No.11. The Court took cognizance of the offence illegally. He i..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......n respect of the scheduled matters mentioned in the West Pakistan Family Courts Act of 1964. 6. Section 3 of the Family Courts ordinance runs as follows: "Ordinance to override other Laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law f..Category: Family Law | Date: | Hits: 133
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......ormation as to what instructions and guidelines the respondents sent to the relevant persons to take safety measures for avoiding deaths and injuries of construction workers as per the workers safety provisions provided in the National Building Code, 2006. But petitioner No.1 did not get any res..Category: Labour and Industrial Law | Date: | Hits: 163
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....s not given to the petitioners prior to passing the order issuing warrant of arrest as contemplated in the provision of section 51 read with Order 21 Rule 37 of the Code of Civil Procedure which is mandatory provision of law and as such the impugned order relating to issuance of warrant of arrest ......8 when sale certificate was issued under section 33(5) and thereby entertained the application of the decree holder issuing warrant of arrest on 12.3.2009 and also on 14.10.2009 without following the provisions of section 51 read with Rule 37 of Order 21 of the Code of Civil procedure and rejected t..Category: Civil Law | Date: | Hits: 129
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