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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......rights as if it were sitting on appeal from the order of the Revenue Officer. The High Court Division substituted its own wisdom for the discretion vested by law in the Revenue Officer. Admittedly no action or order contrary to law has yet been taken by the Revenue Officer and thus the writ petition..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......nal Revision No.1252(R)/1992 which arose out of a bail application is accordingly disposed of. Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ers any loss or not Mr. Samad submitted further that the Courts are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......at the suit was not maintainable. The suit was hit by Section 42 of the Specific Relief Act and by the principles of estoppel waiver and acquiescence and also by res judicata. There was no cause of action for filing the suit and the suit was barred by limitation. 5. The trial court decreed the ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......cts of Parliament and that before entering upon their offices, they require to subscribe oaths under Article 148 of the Constitution. It is further contended that merely because an administrative action of the executive may be tested by judicial review does not mean that the judiciary enjoys hig..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ...... alleged, in collusion with others claimed title and interest in the suit lands which clouded the plaintiffs title. Subsequently, the plaintiff came to know that the defendant entered into a transaction with his vendors on 24th April, 1984 and obtained a decree in Title Suit No.14 of 1986 in res..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......cient asset to pay out standing (sic) loan & it is responsibility of your client to gave (sic) pressure to principal debtor & I am (sic) behalf of my client advise you not to take any adverse action against my client.” 4. It is also noted that the Petitioner, consistent with its previo..Category: Company Law | Date: | Hits: 203
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......ent No.2 Md. Ishaque had died on 19.5.90 which is prior to the date of the institution of the writ application. Therefore, the writ application was brought against respondent No.2 who was dead. An action against a dead person is void. Therefore the writ application has to abate as against the dea..
Category: Alternative Dispute Resolution | Date: | Hits: 213
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......mpt and his ignorance of law is no excuse. The learned Advocate, however, submitted that he has withdrawn his earlier counter‑affidavit setting up alternative facts and circumstances justifying his action and in the present affidavit, submitted with the leave of the Court, he has admitted his guil..Category: Criminal Law | Date: | Hits: 84
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407....... notice on 14.11.88 the petitioner submitted a petition before the General Certificate Officer, Comilla on 3.12.88 stating that the claim of the Bank is not correct and the Bank by their unreasonable actions caused loss to the petitioner which needs determination in accordance with law. The petition..
Category: Civil Law | Date: | Hits: 99
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......ent account was opened by the principal accused Mostafa Anwar having the authority through Mr. Asadul Haque, the Managing Director and subsequently on 15.6.78 the Operative Director approved all transactions of the said account. The Rule was, however, discharged on 8th December, 1982 with a directio..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......emption petition on two grounds, namely; (1) the document sought to be pre‑empted has not yet been registered under section 60 of the Registration Act and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face..Category: Property Law | Date: | Hits: 89
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ...... containing certain allegations against him relating to the period of his service as Sub‑Manager in the Department of Foreign Exchange Branch from 27.7.79 to 29.7.81, to show cause why disciplinary action including dismissal from service should not be taken against him with information to submit h..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......14.5.1997, the petitioner was appointed Nikah Registrar for No.11 Cheora Union Parishad, Choudagram, Comilla. He has since been discharging his duties of Nikah Registrar with honesty and to the satisfaction of all. After that, respondent No. 4, District Registrar, Comilla issued a licence in favour ..Category: Civil Law | Date: | Hits: 128
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......“Samokal” published its report in its issue dated 19.7.2008 and the daily “Janakantha” published a report in its issue dated 8th Shrabon, 1415 B.S. On 24.7.2008 the respondent No.5 made its reaction in the press which was published in the “Naya Diganto” in its issue dated 24.7.2008. It w..Category: Employment/Service Law | Date: | Hits: 115
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ailing there to apply to this Court." In the case of SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263 the Privy Council held that where pending an appeal a suit is instituted on the same cause of action and between the same parties the proper course for the Court of the second action is to adjou..Category: Property Law | Date: | Hits: 68
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e Headmaster of the said school. A copy of resolution is annexed to this petition and marked as Annexure 'B'. While the petitioner had been acting as Headmaster of the said school to the entire satisfaction of all concerned the Respondent No.1, the Deputy Commissioner, Dhaka, directed a Magistrate t..Category: Employment/Service Law | Date: | Hits: 59
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......cument and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87. The learned 1st appellate Court made an attempt to defend this action on the ground that plaintiffs being a the deed were debarred from challenging it, but the lea..Category: Property Law | Date: | Hits: 91
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......er's interest and right to office was issued without giving any notice to the petitioner and without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken only upon drawing up proceedings and holding ..
Category: Employment/Service Law | Date: | Hits: 155
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......sposed of accordingly. 30. Mr. Ishtiaq Ahmed further submits that the shares were duly transferred to the respondent No.1 by the petitioners under section 34 of the Companies Act. So, it is a transaction passed and closed and it cannot be reopened. I am unable to accept the above submission of Mr..Category: Company Law | Date: | Hits: 159
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