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City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ...... the court to produce the same as and when asked for. 4. Thereafter, the petitioner bank having felt aggrieved by the said order dated 18-4-2011 passed by the respondent No. 2 rejecting its prayer for addition of party preferred an appeal being appeal No. 349 of 2011 Labour before the Appe..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...........................................Respondent Judgment May 13, 2012. Result: The prayer is rejected. সারবান সাক্ষ্য (Substantive Evidence) ই..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... the Ain, 2004. 4. An officer of the Commission investigated the case and submitted charge-sheet against the petitioner on 27-5-2008 under section 26(2) (Ka) of the Ain, 2004 and made prayer for issuance of warrant of arrest and attachment of his property. After submission of char..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......h some of his admitted signatures. The said application was allowed. On 6-11-2004, the appellate Court received the opinion of the handwriting expert by a memo dated 5-10-2001. The order allowing the prayer for obtaining opinion of the handwriting expert was challenged 'before both the Divisions of ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ...... Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....rgued that against the impugned dismissal order the writ petitioner had an opportunity to file an appeal as per Regulation 59 of the Regulations 1979 and since the appeal was an equally efficacious alternative remedy, the writ petition was not maintainable. The learned advocate has argued also tha......eating the same application as an appeal; that though the said application did not contain the word "appeal" but what was prayed in that application was, in fact, the relief which could have been the prayer in an appeal under regulation 59 of the Regulations 1979 and in the circumstances it cannot..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....way and the victim being frightened started running away towards Khapara lane/Appellants by chasing took her on the bank of Idris Ali's pond and gheraoed her when the victim finding no other alternative jumped into the pond. The appellants did not rescue her and as the victim could not swim......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....of the respondent No.1 the petitioner is entitled to liquidity damage equal to U S$ 1000 only for each day of delay in supplying the equipments to the petitioner. Thus the petitioner finding no other alternative serve a legal notice dated 7th August, 2011 upon the respondent No.1 wherein the problem......, this Court may exercise power under the Provisions of the Specific Relief Act, 1899, in particular, Section 55 and 56 in order to pass a mandatory injunction compelling the respondent to comply the prayer as has been made in the substantive application. 15. The learned senior counsel Mr. Ajmalu..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....28-2-2007 and adjusted the same by deducting in the current account register and stopped the supply of goods, till having positive balance in the said register. Hence the petitioner, finding no other alternative and efficacious remedy against the aforesaid mala fide action if the respondent No. 3, w...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
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Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... sale being No.2520 dated 16-8-1990. The application was rejected vide order No.73 dated 5-8-1999 as none moved it. Then, on 24-8-1999, an application was filed under section 151 of the Code with the prayer for setting-aside the order dated 5-8-1999 and for re-hearing the application dated 3-4-1995 ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....fzur Rahman (Md.) Vs. Shamsun Nahar Begum reported in 57 DLR (AD) 172, this Court observed as follows: "The law requires that the relief must be specifically claimed either simply or in the alternative. It is true that general or other relief which the Court may think just may be granted a............ (38) Compensation or relief must be specifically prayed for in the writ petition but not in the name of general or other relief. There was no foundation in the writ petitions or prayer for exemplary, monetary compensation and compensatory costs was ever made in the writ pe..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....ayed for in the plaint of the suit, the Full Board had to sustain mutation of the aforesaid 7 R.S. plots measuring 5.17 acres in the name of Moqbul Ahmed. Simultaneously the Full Board had no other alternative but to sustain mutation in the name of Abdus Sattar Chowdhury in respect of 12 S.A. plo......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......e pro-forma invoice and also in the commercial invoice. 9. Under the above facts and circumstances and the reasoning as above this court finds merit in the substantive petition and accordingly the prayer in the substantive petition along with the petition dated 23.4.2012 is required to be allowed..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ই”। 8. Being aggrieved by the aforesaid impugned officer order vide memo No. ৭জি/৩১৭/ক-৩/০৫/(অংশ-১/১২০২৫/২ dated 13-12-2011 and having no other alternative and efficacious remedy, the petitioner was compelled to file this instant applicati......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....he petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to receive rent from the petitioner but without any result. Finding no alternative way the petitioner moved to this Court by filling this writ petition and obtained the pr......for marking the documents as exhibits which were filed before the Court but not marked. Learned Joint District Judge, 2nd Court, Mymensingh after hearing by his order dated 9-9-2003 rejected the said prayer. Then the respondent being the petitioner filed Civil Revision No.669 of 2004 in the Hon'..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....rcise of the power conferred by regulation 52(1) of the Regulations without giving any stigma to the writ petitioners; that the petitions are not maintainable, inasmuch as, the writ petitioners had alternative remedy under Regulation 59 of the regulations and that in the absence of any stigma in t......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... brother of the complainant but it is very unfortunate that on that day i.e. on 28.12.2010 after hearing the application did not pass any order of bail i.e. did not grant bail or did not reject the prayer but on malafide intention passed an order as “আগামী তাং ০৬/০১/২..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......ward for payment contract of price, interest thereon and other monetary compensations on several heads. Neither there was any scope to enforce a decision of the Syndicate by the Tribunal nor any such prayer was made by the first party seeking arbitral award. Evidently the award was passed by the Tri..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......report of the Advocate Commissioner in evidence but if a party files objection against the report of the Advocate Commissioner and prays for examining him in Court, the Court should always allow such prayer. The evidentiary value of the report of the Advocate Commissioner may vary if the Advocate Co..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observed above, there was no infraction of any right of the petitioner as he was holding and continuing in the office of Managing Director of a statutory bank without any legal sanction. Or in the alternative, he has no legal authority to hold the office of Managing Director as he has no legal ba......oes not provide any provision for rehearing of a matter which has been dismissed upon hearing the parties on merit, other than hearing of a review petition under Order XXVI Part IV. What is more, the prayer for rehearing is not in conformity with Order XXVI Rule XI of Rules of 1988. As such, this pe..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
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