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.....g. an ordinary buyer, if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, but not by way of invoking the writ jurisdiction.
On the other hand, when the Government grants lease, privilege, settlements etc. the Government acts and discharg......ing, motivated and not correct. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contractual obligation and also to implement the decision of the Government to stop natural gas to the consumers who are using gas for the purpose of manufacturing co......authority" shall mean and include a Paura Shava, Zilla Board Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund or any corporation or other body or authority constituted or..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
.... court an appeal lay against the decree and no appeal against the order recording compromise lies and as such this appeal is not maintainable. The learned Advocate for the appellant, on the other hand, submitted that the appellant had remedy both by way of appeal from the decree itself as well a......ing a compromise to be recorded passed under Order 23, rule 3 is not lost by reason of the decree having been passed in accordance with the order." The decision made in Bengali Coal Co. Ltd. was overruled in the case of Talebali Vs. Abdul Aziz, 1929 Cal 689 (F.B). The decision in Onkar Bhagwan ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....re, the said order need to be set aside in Revision and the appeal preferred by the petitioner appellant need be admitted and heard on merits. 6. The learned Advocate for the State, on the other hand, has submitted that a right of appeal is a vested right but it needs, to be filed within 30 day......had no knowledge of the said judgment and order of conviction and sentence. It is his further case that the case was started before the Upazila Magistrate, Purbadhala by the complainant out of enmity over a business of the petitioner at Zinzira bazar. The whole criminal case was processed against hi......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
...................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukdar Vs. Chairman, Court of Settlement and another, 45 DLR 304. Lawyers Involved: ......had to leave his Khalishpur residence and go to his village home and was under treatment for a long time and, as such, he could neither contact his Lawyer nor appear before the Court and after his recovery he came to Khulna and came to know about the order of rejection and then filed the case. That ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....ary, 1983. Though the petitioner claimed that he was given accommodation in the Gulshan Taltala sweeper colony with other sweepers he could not produce anything in support of such claim. On the other hand respondents denied that there is any sweeper colony named Gulshun Taltala sweeper colony. Accor......y person. Petitioner was clearly a trespasser and was in illegal occupation in a Municipal Park. Respondent No.1 was entitled to evict unauthorised occupants from its park under the provision of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970. So the p......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....Tutul, son of Sonali Mollah and Ripon (Absconding), son of Momtaz Khan have been convicted under section 302 read with Section 34 of the Penal Code attracting sentences of death as pronounced and handed down by the learned Additional Sessions Judge; Manikganj in Sessions Case No.73 of 1999. This......sons and by the time the Charge Sheet was prepared on 18-7-1998, i.e., approximately ten months later, there is noted the emergence of six named accused persons who went on trial as above. The FIR recovery of an unidentified dead body on 25-9-1997 bearing signs of grievous injury and is found in......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....would maintain 31 centres out of 518 centres (Annexure E). Another resolution was taken in a meeting held on 17‑8‑2002, in respect of prevention of Dengue, but the petitioners were not allowed to handle the programme (Annexure E‑1). In the meantime, a Circular vide memo No. Poura‑1/M‑02/20...... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. ......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
....r by the order dated 1.8.84 by the Deputy Commissioner, and Chairman, District Management Board, Rangpur, with a direction to take over possession from the lessees after cancelling their lease and to hand over possession of the property to the petitioner.
3. Later on when Lalmonirhat was creat......Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Abdul Qayum ................Petitioner.
Vs.
The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents
Judgment
October 30, 1991......normal avocation of life as a Balti making Karigar and was then serving as Head Mistry at Jamal Loha Karkhana at Rangpur Road, Syedpur. At that time the Government of Bangladesh took over control and management of the petitioner's above property and leased out the same to some unauthorised persons t..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....r surprise and dismay he found that his Industry, that is Fasons Metal Industry at 287/288, Biazid Bostami Industrial Area, Chittagong was taken over by the Government in his absence and the same was handed over to Sena Kalyan Sangstha, that is, defendant No.4-appellant and the schedule property of ......7; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin Vs. Government of the People's Republic of Bangladesh, 32 DLR (AD) 216; Hashem (Md.) Vs. Bangladesh and o......h (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No.1 of 1972). Accordingly the Government of Bangladesh took over the control and management of the suit property under the provisions of the said Acting President's Order No.1 of 19..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....ies in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5-11......ollowing terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5-11‑97 pas...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....all these facts to him. Nazma also told that at about one hour in the night someone fell her down from the “Khat” when she was roaring and on hearing this Faruque and others, 4 in number, saw the hands and mouth of Nazma fastened which they untied and then saw the blood stained slaughtered dead ......R. with the Tongi Police Station, District- Gazipur on 25.8.2003 at 13-15 hours alleging that, on the same day in the morning one Habibur Rahman, a neighbour of the deceased Hanif Sarker informed him over telephone that his brother, Hanif Sarker, who was an employee of Bata Shoe Company and residing...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....16; 43 DLR WCD) 204; ILR 3 Mad (PC) 384; AIR 1945 C41. 492. 7. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney‑General appearing for the defendant Government opposite parties, on the other hand, submitted that the order passed by the lower appellate Court directing production of additiona...... High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment ......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed order to kill them. Accused Shahjahan Biswas, Kuti Shaikh and Shaheb Shaikh and Dulu Biswas caught hold of Belayet Khan and tied his hands and mouth while accused Mostain Mollah, Babu Mollah, Elias Biswas and Tulu Biswas caught Golar......ing P.W.3 Idris Shaikh told them about the killing of the deceased by the accused‑appellants which P.W.3 witnessed. Thereafter on 26.10.84 the dead bodies of Belayet Khan and Golarn Hossain were recovered from Baronial Beel. 13. In his cross‑examination, P.W.2 Lutfor Shaikh could not say t......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... line suggested by them under the Constitution and accordingly the Vice President Moudud Ahmed resigned and the caretaker Government was appointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under t......iction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ………......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....t, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Shamsul Alam Chowdhury, the husband of the opposite party Mrs. Sheerin Alam Chowdhury on the other hand, as plaintiff filed a counter suit being Family Suit No.10 of 1987 in the said Court for restit...... said about the concept of marriage in Islam. As is well settled, marriage among Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones, but legally, in essence, it remains a contract between the parties which can be the subje...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
....order dated 15.4.89 was received on 16.4.89 after lock-up hours at 4-30 P.M. No Register of processes and orders has been produced to show that the order was received at 4-30 P.M. There is only a handwritten noting on the body of the advance order of release dated 15.4.89 showing the figures 4-3......section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No.173 of 1988 in this Court. During the pendency of a Rule issued thereon the order of detention was extended by the Government by order dated 7.12.88 for a period of 3 months. The said Criminal Miscellaneous Case was ......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....mitted that the cause of action for the present suit has arisen at Laxmipur Sub-Registry Office. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the opposite parties, on the other hand, has contended that the suit involves the rights of immunity from immovable properties and as s......tuddin Ahmed, the learned Advocate appearing in support of the Rule, has contended that the learned Subordinate Judge has committed an error of law in his decision in holding that the case was covered by section 17 of the Code of Civil Procedure and thereby in directing the learned Assistant J......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ten objection that the arbitrator was not so requested by the plaintiff or that the arbitrator did not so authorise the plaintiff. There is no such allegation in the written objection. On the other hand, it appears from the application filed by the plaintiff before the trial Court that the origi......se to a presumption that the arbitrator consented to file the award in Court through the plaintiff. Had the arbitrator not given his consent, the original copy of the award would not have been handed over to the plaintiff. Further, in the application the plaintiff has prayed to the Court for directi......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..Category: Procedural Law | Date: | Hits: 93
....erything was done rightly between the parties. We further find from the Bill of Lading Ext. 2, that the description of goods are Foreign manufactured wired glass in 15 packages and case frail, second hand deems insufficiently packed. Therefore, the policy which was taken in the present case as p......edged the liability but suggested to lay claim against the Insurance Company and endorsed the policy in favour of the plaintiff. The Insurance Policy dated 13/11/62 issued by the Insurance Company covered the risks of breakage in the course of transit from Karachi to Tongi via Chittagong and the s......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
....rities. On the basis of these false allegations the Secretary of the Ministry of Communication, Roads & Road Transport Division, constituted an Enquiry Committee headed by Mr. Noor Mohammad Akhand, a Joint Secretary of the said Ministry. The committee held enquiry on the back of the petition......Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, Annexure 'H'.
2. The petitioner's case in short is that the petitioner joined Government service as an Assistant Engineer in the year 1962, being appointed by the then erstwhile......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
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