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....¦â€¦â€¦â€¦â€¦.(14)
Jurisdiction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Ban......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.
......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.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
...., Gonophone was unable to filecertified copy of the said judgment before the Adalat as the certified copy was not ready. The Adalat ultimately rejected the prayer of Gonophone and fixed a date for ex-parte hearing of the suit on 15-8-2007. On prayer of Gonophone exparte hearing was adjourned on 18-9......006 by the Bank on 22-10-2006 the defendant-petitioner and others with malafide intention on 11-2-2006 filed Company Matter No.174 of 2006 for an order of winding up of the company-Gonophone to avoid payment of the Bank loan. The Ain is a special law and, assuch, section 250 of the Act cannot be app...... imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respondent No.2, Eastern Bank Limited (hereinafter stated as the Bank) sanctioned and disbursed some loan in favour of Respondent No.3, Gonophone Bangladesh Limited (shortly, Gonophone) and at the time..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......import of the goods relying on section 25A of the Customs Act, 1969 and the Government's Pre-shipment Inspection Rules framed thereunder which were allowed the petitioner to import the consignment on payment of customs duty and other charges on the basis of Clean Report Findings (CRF) value. 4. I......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....sale deed dated 24.7.1956. Purchasers Abdul Mazid and Abdul Hakim went into possession of their purchased property. On the death of Abdul Hakim and Abdul Mazid their heirs Defendants made an amicable partition in respect of suit plot No.339. One Imamuddin had been title holder of plot No.398 and Sha......ook up all the three Issues together for decision. Learned Trial Judge rendered following decisions: i. Mutation in the year 1977 on the strength of Plaintiffs' purchase in the year 1975 and their payment of rents for 13 years and non-payment of rents by Defendants during that period is a proof t....... 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. ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....nt July 12, 2009. Result: The Death Reference No.97 of 2005 is rejected. The Criminal Appeal No.2789 of 2005 with Jail Appeal No.733 of 2005 and Jail Appeal No.734 of 2005 are allowed in part with modification of conviction and senÂtence. Lawyers Involved: Md. Atiur Rahman, Advoc......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....esh Bank vide its Memo No.BCD(G) 190/2-(18)1443 dated 21-8-1991 (Exhibit 2) found the account in the name of Messrs Mitali Enterprise opened in clear violation of rules amounting to negligence on the part of the defendant and asked the defendant to refund the money to the plaintiff. The plaintiff al......nwhile officials of the concerned branch of the plaintiff bank received an anonymous phone-call indicating that the cheque remitted for collection by the defendant bank-branch was forged. Accordingly payment against the cheque was stopped and Dhaka WASA was immediately communicated with for confirma......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. ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....Miscellaneous Case No.2635 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings in Sessions Case No.553 of 2006 under section 134 of......ents Act which reads as follows: "138. Dishonour of cheque for insufficiency etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......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. ..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering pinda at Goya etc. for salÂvation of the departed soul of Lalit Kumar. The defendant No.2, as wife of Lalit Kumar Shill, therefore, had no more......d. She plunged into debt after performing funeral, shradhya ceremony and other rituals conduce to the bliss of her husband's soul. Moreover, for meeting the expenses of her family, medical treatment, payment of rent etc., she had to sell 0.34 acre land (no date mentioned) to one Abdul Khaleque. 7......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... any schedule bank or financial institution as security of loan(s) and or any credit facility(s) sanctioned/to be sanctioned by them to any subsidiaries the Company/ sister Companies and/or any third party with whom the Company has any direct or indirect business relation and also to give guarantee ......and buying, selling and dealing in woolen fabrics of all descriptions and etc. 3. In the Memorandum of Association of the Company Clause 22 reads as hereunder: "To borrow or raise or secure the payment of money in such manner as the Company may think fit from the capital markets in Bangladesh ......pledge/lien on any other movable assets of the Company including land, building, plaint, machinery, stocks, goods, shares, FDR, bonds etc. to any schedule bank or financial institution as security of loan(s) and or any credit facility(s) sanctioned/to be sanctioned by them to any subsidiaries the Co..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....ment February 11, 2010. Result: The rule is discharged. Lawyers Involved: Md. Salauddin Talukder, Advocate - For the Petitioner, Md. Khairul Alam, Advocate - For the opposite party. Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was gr......aterials on record it transpires that plaintiff was a senior field officer of Amico Laboratories Ltd. (Rajshahi Zone-4) in Rajshahi region, who claims that defendant released him from service without payment of his outstanding dues. Admittedly one medicine Depot it situated in Rajshahi which is with......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. ..Category: Procedural Law | Date: | Hits: 122
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....ant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class suit against heirs of Korban Ali, his father, and heirs of late Abdul Gani, his first cousin for partition of land and structures described in schedule Ka, Kha and Ga of the plaint claiming saham o...... Long line of decisions are there showing complete disÂapproval to appointment of receiver in such cases merely because of dispute over the property, tainted relationship among the co-sharers or non-payment of share of rent or profit etc. accruing therefrom. A co-sharer in possession in ejmali prop......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
.... against the same decision passed by the Labour Court, Khulna they will be disposed of by a single judgment. 2. The case of the petitioner Mr. Shaukat Ali is as follows: The petitioner as first party filed a case being Complaint Case No.47 of 1995 in the court of Respondent No.1 stating, inter......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....the said Administrative circular as the same providing for interview and allocating 25 marks out of 100 marks for the interview keeping 18 marks as pass mark paved the way for arbitrary action on the part of the promotion committee and thus violative of the fundamental rights guaranteed under Articl......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... in one way or another. Since student politics is not prohibited in the country mere involvement in student politics will not disqualify a candidate from appointment in the Government Service or to a particular cadre unless, of course, he is involved in any activities subversive of State or discipli...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....s, is that they are quite innocent and they have been falsely implicated in this case out of previous enmity and grudge. 6. The learned Additional Metropolitan Sessions Judge having heard both the parties and considered the evidence adduced by them and the materials on record convicted the appell......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
....ple’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents
Judgment
November 14, 2012.
Result:
The Rule is made absolute in part.
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mom......Respondent 2 Bangladesh Muktijoddha Kalyan Trust (hereinafter called the Trust) took up a scheme for rehabilitation and assistance of the freedom fighters who were injured in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997......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:
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Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ent Judgment August 4 and 16, 2011. Result: The Death Reference No.20 of 2008 (in respect of the condemned prisoners Nazma Sarker @ Beauty and Shahidul and Ahidul (absconding convict)) is partly accepted and the Death Reference (in respect of the condemned prisoner Rokeya Begum and Kamal......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....96(c) of 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessi......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....gistration. It was further contended that the pre‑emptee is stranger to the case jote and under the circumstances the pre-Âemptor is entitled to pre‑emption. 3. The petitioner as the opposite party contested the case by filing written objections denying the material allegations of the pre‑......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....t facts which have given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
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