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Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ent of the trial Court on cogent grounds. He submits that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. It was further submitted by Mr. Khan tha..

Category: Property Law | Date: | Hits: 66

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......ch as there are sufficient guidelines in this legislation to classify debtors in one group for proceeding against them for declaring them bankrupt leaving other debtors outside the group against whom action for recovery of loan amount may be taken before the Artha Rin Adalat. The policy or guideline..

Category: Civil Law | Date: | Hits: 125

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of ..

Category: Election Law | Date: | Hits: 83

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......Manaslu and MV X-Press Resolve were arrested by this Court as security for the plaintiff's claims. 4. In the application for vacating the order of arrest it is stated, inter alia, that no cause of action has been disclosed against the vessels and their owners; that the vessels MV X-Press Manaslu ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... the cinema hall and the land measuring 12.34 decimals with the suit shops thereon covered by the same roof must be held to be the integral part of the cinema hall and was left out from the said transaction; and with the taking over of possession of the cinema hall, the Ministry of Industries took o..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......the said Company, which amounted to taking part in the management or conduct of the said Company although he was debarred from doing so as contemplated under Article 147(3) of the Constitution. These actions of Mr. Anwar Hossain terminating services of two employees and appointing a person in the em..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......anted under rule 5(4) is to be revoked or suspended, the Government shall issue a notice calling upon the Nikah Registrar concerned to show cause in writing, within a specified time, why the proposed action shall not be taken. The notice shall contain the allegations against the Nikah Registrar. ..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......agistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed a..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......int is very clear. The matter is governed by the provision of Acquisition and Requisition of Immovable Property Ordinance, 1982. The said Ordinance is a special law and if anybody is aggrieved by any action taken under the Ordinance he or she must resort to the provisions of the Ordinance and cannot..

Category: Civil Law | Date: | Hits: 99

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......00 from the informant and again demanded Taka 20,000 after returning from Malaysia but PW1 did not pay the money and then accused person threatened him that unless money would be paid they would take action. He further asserted that the demand of Taka 20,000 was dowry. In his cross-examination, he a..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......The service of all the petitioners of all the writ petitions have been absorbed and they were reappointed in the respective college on and from 10.05.1998 when Rules of 2000 was nor framed and not in action. Thus there is no scope to guide and regulate the service of all petitioners as per Rules, 20..

Category: Employment/Service Law | Date: | Hits: 91

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......t at liberty at once if not wanted in connection with any other case. Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..

Category: Criminal Law | Date: | Hits: 67

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......54 relate to section 8(a) of the Act but facts of those cases are quite distinguishable from the facts of the instant case. The other cases either relate to section 10 or passing off and infringement action and as such they are not relevant for determining the issue involvement in the instant appeal..

Category: Intellectual Property Law | Date: | Hits: 210

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......e victim, then the only punishment given is the death sentence as provided in sections 6(2) and 6(4) of the Ain. The learned Attorney General questioned the petitioner’s bona fide in bringing a PIL action in challenging section 6(2) only when he has not challenged the vires of section 6(4) where t..

Category: Criminal Law | Date: | Hits: 128

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......held by the superior Courts of the subcontinent that the provisions of Order 22 rule 9(2)(3) of the Code should be liberally construed. Abatement of a suit precludes a fresh suit on the same cause of action without a trial of the case on merit. If abatement is not set aside, the applicant is deprive..

Category: Property Law | Date: | Hits: 73

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......wn sources income by improper means. It cannot conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against person who have amassed property by improper means and such persons will go unpunishe..

Category: Criminal Law | Date: | Hits: 69

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237.......he mark of the appellant as they have been deceived by such production. The learned Advocate contends that when a person is not aggrieved as contemplated under the Trade Marks Act he cannot bring any action as has been done in the present case The learned Advocate further contends that the responden..

Category: Intellectual Property Law | Date: | Hits: 319

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......6. The notice dated 22-12-96 sets down various allegations against the petitioner and asks him to show cause under section 46(1) of the Bank Company Act, 1991 within seven days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the pe..

Category: Employment/Service Law | Date: | Hits: 79

Shahidul Vs. State, 1998, 27 CLC (HCD)

....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222......., Police Station and District Khulna be set at liberty at once, if not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...

Category: Criminal Law | Date: | Hits: 33

Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......in 51 CrlLJ 1950 as cited above, the appellate Court passed an order for a new trial after quashing the order of conviction. The Privy Council did not express any definite view to the effect that the action of the appellate Court was illegal or improper. In the case reported in ILR the Court held th..

Category: Criminal Law | Date: | Hits: 90