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Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......is not the same as that of his father as mentioned in the freedom fighter certificate. We are of the view that this contention at a belated stage has no basis because the respondent No.l PSC does not dispute that the said freedom fighter was not the father of petitioner No.6 and the only objection r..Category: Employment/Service Law | Date: | Hits: 134
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......r further order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter..Category: Property Law | Date: | Hits: 29
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......ear from the date of discharge of the consignment or when the goods have been delivered as required under Rule 6 of Article 3 of the Schedule to the Carriage of Goods by Sea Act. 20. It is not disputed that the suit was filed beyond one year after the date of discharge or the date when the go..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......e respondent No. 1, the Finance Ministry, Banking Division by publishing another gazette notification dated 6-3-1997 constituted a "Reconciliation Committee" consisting of five members to resolve the disputes out of court where the suit is pending and the bank concerned has been given the discreti..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....tioner made an application for calling of the election materials for recounting of the ballot papers. In the application, it was simply stated that it was essential to call the election materials for resolution of the election dispute. 12. On 24-5-2005 the Election Tribunal heard the applicat......for calling of the election materials for recounting of the ballot papers. In the application, it was simply stated that it was essential to call the election materials for resolution of the election dispute. 12. On 24-5-2005 the Election Tribunal heard the application and found the recountin..Category: Election Law | Date: | Hits: 99
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......nding till the termination of the lease shall be recoverable from the lessee under the PDR Act." 21.Similarly, Clause 32 of the lease agreement (Exhibit 3) provides: "If at any time any dispute, doubt or question shall arise between lessor and the lessee touching the construction, mean..Category: Property Law | Date: | Hits: 31
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....such bodies as the United Nations. The Convention on the Rights of the Child (also referred to as 'UNCRC or 'CRC') was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989. Some of the contents of that Convention may be fruitfully repr......s of injury on his body. He stated that the accused told him that the police tortured him in order to obtain a confession; that he forbade the police from torturing him; and that the accused had land dispute with said Kamal. He added that at the time of occurrence the accused was a minor. 7. Nirm..Category: Criminal Law | Date: | Hits: 167
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......respondent mill was elected as the Vice-President of the Union in the session 1993-95 but he could not succeed in the election held in 1995. Because of his participation in different elections he had disputes with the ruling CBA leaders and because of the conspiracy of the respondent Mill Authority ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......and the said case is pending for hearing. 13. The petitioner has also stated that the matter was placed before Mr. Mozibur Rahman, an Arbitrator on 28-5-98 who has given an award in respect of the dispute between the parties and another award was given by Arbitrator. Mr Abdus Salam, Advocate and ..Category: Company Law | Date: | Hits: 239
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... the company; (ii) whether they acted on a wrong principle; and (iii) whether they acted with an oblique motive or for a collateral purpose. 32. Based on those tests it was held that special resolutions are for limited purposes and are not matters of daily government or of daily routine adm......power to refuse to register transfer of shares if “in their opinion it is contrary to the interest of the company that the proposed transferee should be a member thereof”. In that case there were disputes between the elder brothers who were directors. One of the elder brothers sold his two share..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......bari Aziria Madrasha centres. This time the opposite party No. 1 was declared elected chairman and his name was published in the official Gazette on 17.7.88. The petitioner then filed an election dispute petition before the Election Tribunal, Golapgonj being Election Case No. 1 of 1988 allegin..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......n it. Therefore, addition of a party cannot mean addition or introduction into a suit a new cause of action or to change its character, even though all the controversy is relatable to the property in dispute. 8. That is more or less the law regarding addition of parties in a suit and there is n..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......as it transpires from the trend of Cross-Examination of the P.Ws. and the suggestions put forward to them is that the informant and deceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed property and that there were village-factions and also dispute o..Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......s been stated that the contract between the BSRS and the petitioners company dated 29.9.80 regulating the rights and obligations of the parties under the contract for supply of cargo coasters is an undisputed document which does not stipulate importation of new-engines as alleged in the petition of ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......ng Court stating that the petitioner Bangladesh Shipping Corporation sought instruction from the Messrs Saturn Commercial Enterprise for making payment, that they informed petitioner that there was a dispute regarding the money between some of the defendants, that the petitioner had been instructed ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......uch submits that the order of suspension was illegal having been passed in derogation of powers under Clause(2) of Statute 15. 11. Mr. Rafiqur Rahman, learned Advocate for the respondent, does not dispute that the stage of suspending a delinquent employee does not arrive until the informal invest..Category: Criminal Law | Date: | Hits: 74
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......riginal kabala from the plaintiffs' custody and subsequently took various kabalas from defendant No. 1. The defendants had never any possession nor did they ever assert any act of possession upon the disputed homestead and tank and the plaintiffs have been in possession thereof for over the statutor..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......f his large family he applied for settlement of Government khas land to khas Mohal Department on 13.4.55 that he was found eligible for getting settlement of Government khas land and was allotted the disputed 5 acres of land on usual conditions for payment of premium and rents; that as the premium w..Category: Property Law | Date: | Hits: 36
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......nance, 1962, the Banking Companies Act of 1991 which is Act 14/1991 has been promulgated in this country and the banking companies are now fully guided and operated under this new law. Admittedly the dispute is over certain fixed deposit accounts now lying with the appellant bank which was earlier o..Category: Banking Law | Date: | Hits: 122
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....ised to do so. (6) An authority must not fetter its discretion. (7) Finally, an authority acts unlawfully if it fails to fulfill a statutory duty. The General Assembly of the United National resolution 34/169 of 17 December, 1979 has adopted a Code of conduct for law Enforcement officials. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106