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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.......Premises Rent Control Ordinance, 1963. Article 4 of the President’s Order no.12 of 1972 reads as: “Notwithstanding anything contained in any other law for time being in force, in computing the period of limitation describe for any legal proceeding by or under any law, the period between the 1..

Category: Property Law | Date: | Hits: 66

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....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. ......has no application. 11. This submission has no legs to stand. Section 29(2) of the Limitation Act provides as follows:- “Where any special law prescribes for any suit, appeal or application a period of limitation different from the period prescribed there for by the first schedule, the provi..

Category: Labour and Industrial Law | Date: | Hits: 166

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. ......le taking delivery of the goods and assured payment of the outstanding balance. The respondent 1 entered the amounts towards payment in the books of account for every delivery of the goods during the period from 4-10-88 to 24-7-94 and Taka 24,77,58,181.71 was due from appellant 1 and respondent 2. T..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......sary to finally adopt the same as per Constitution, a meeting was called on 8‑5‑03 but could not be held due to conspiracy of some interested and vested quarters. Thereafter, on the expiry of the period of the Executive Committee, an ad-hoc Committee (consisting of the defendants) was formed ill..

Category: Civil Law | Date: | Hits: 74

Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......oes not come within the ambit of rule 58 of Order XXI of the CPC. It is further indicated in sub‑section (1) of section 32 of the Ain, 2003 that the decree-holder also may file objection within the period not exceeding 30 days and can claim hearing for disposal of the claim made by the 3rd party. ..

Category: Civil Law | Date: | Hits: 61

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......which requires the placement of the Ordinance before the 1st session of the next Parliament but the impugned Ordinance has been enacted with an ulterior motive in as much as it has been enacted for a period of 5(five) months so that it automatically ceased to have its enforceability before the next ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....tion letter, the credit limit granted was to the extent of Taka 13.337 million. Security for repayment of the loan was amongst other hypothecation of vessel MV Polyxenie and/or scraps. It was further stipulated that a bank guard would be posted at the site for monitoring movement of the scrap materi......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. ..

Category: Civil Law | Date: | Hits: 92

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154....... Then, the IFIC Bank served a statutory notice under section 9(2) of the Bankruptcy Act, 1997 upon the plaintiffs on 18‑1‑04 which they duly received on 20‑4‑04. After the expiry of statutory period of 90 days, the plaintiffs did not bother to pay. Then, the IFIC was constrained to institute..

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......a meeting of the board. In the meeting, the minutes of the last meeting was read and confirmed. Abdul Hamid Chowdhury resigned as managing director of the Company and then was re­elected for another period of five years from date. No other business was transacted. 19. Then, it appears from said ..

Category: Company Law | Date: | Hits: 232

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. ......ve Bank Limited made an first information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from ..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... In the result this Rule is discharged without any order as to costs. The order of all further proceedings of Miscellaneous Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported..

Category: Property Law | Date: | Hits: 52

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....ant rules. As such, they are all pensioners. It is further stated in the said supplementary affidavit that the petitioners were all granted the benefit of pension according to the relevant provisions stipulated in the BSR, Part-1. They have been granted the following pension: 1. Petitioner No.1: ......ter surrender of half of their gross pension if they are not re‑appointed but since the petitioners joined their present posts after retirement, their pension shall be held in abeyance during their period of service in the posts they hold, in accordance with the provisions of the Supreme Court Jud..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......installments for paying the bill of 91200 units. But the respondent Nos.1‑3 did neither reply to the said letter nor sent any bill but all on a sudden filed a bill of Taka 50,43,262.50 for the said period in Title Suit No.14 of 1994 on 13‑1‑1995. Thereafter, respondent No.2, who was defendant ..

Category: Others | Date: | Hits: 135

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....e 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 performance of the contract on 11‑5‑92. 4. Plaintiff however...... (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 performance of the contract on 11‑5‑92. 4. Plaintiff however opposed th..

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. ...... 31. Any reversioner is entitled to institute a suit to have an alienation by a Hindu widow declared to be void except for her life i.e. for setting aside the alienation, provided he sues within a period of 12 years of the date of alienation under article 125 of the Limitation Act. Similarly, any..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... 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. ......agents and issue of certificates by such agent and other matters incidental thereto. 24. Article 4(11) of the Order provides for furnishing a performance bond in the form of a bank guarantee for a period extending up to six months after the expiry of the contract of appointment. And article 4(12)..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......with interest. The plaintiff's case in short, is that, the defendant No. 2 approached to the plaintiff Bank vide his application dated 9.9.80 for issuance of a Bank Guarantee for TK. 6,50,000/- for a period of one year to transact the normal business of defendant No. 1 with Bangladesh Biman offering..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....esolution mechanism as envisaged in the Loan Agreement between the Petitioner and the Borrower. It is noted that the Loan Agreement is governed by and to be construed in accordance with Danish Law as stipulated in Article 33 therein. Article 34 of the Loan Agreement as constitutes the arbitration ag......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ts on contractual basis within the permanent organizational set-up of BFCC approved by the Biman Authority. The petitioners being employees of BFCC were primarily appointed on contractual basis for a period of 3(three) or 5 (five) years in different capacities. Subsequently, their contractual period..

Category: Employment/Service Law | Date: | Hits: 145

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....1977. 11. Facts are as follows: One Omar Miah, the paternal grandfather of petitioner and respondent No.1 created a Waqf by Waqfnama dated 26th Bhadra. 1338 B.S. corresponding to 12.9.1931. It was stipulated in the said Waqfnama that after the death of the Wakif Omar Miah and his wife Jobeda Banu......s of the case do not warrant such assumption. 5. Section 43 empowers the Administrator to appoint a person to act as Mutwaili with notice to all the persons interested in the waqf, for a specified period as he deems fit. This power is to be exercised in any of the cases Indicated in the section, ..

Category: Trust/Waqf Law | Date: | Hits: 188