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Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....6. ......ellate Judge took into account Exhibit-Ka i.e. return of service of summons upon plaintiff-opposite party and, also, evidence of D.W.3, Process Server. ii. Plaintiff-opposite party at the relevant time had been out of country. In arriving at the said finding learned Appellate Judge took into acco......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....lso Reported in: 13 BLC (HCD) (2008) 46. ......oans upto Taka 5,000 would be applicable for loanees of Co-operative Bank Ltd. Here the loanees are Co-operative Societies/groups but not co-operative society members. No Circular was issued at any time to the effect that agricultural loans taken by the members of co-operative societies upto princ......n is misconceived and not maintainable. 6. The case of the respondent No.3 is that the petitioner defaulted to repay the loan dues, thereby the respondent No.3 filed Dispute Case No.45 of 1988 for recovery of its dues of Taka 2,69,92,415.43. The respondent No.5, as Arbitrator, decreed the amount ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....agree. Ed. This Case is also Reported in: ......t litigation. 4. The President of the People’s Republic of Bangladesh has promulgated an Ordinance titled “The Supreme Court Judges (Remuneration and Privilege) Ordinance, 1978.” Thereafter, time and again it has been subject to amendment in order to increase the Remuneration and Privilege ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ted in the Constitutional position of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State and operate independently of them”. (Page 199). 21. Max Webber, an US politic..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Manna......completion of 12 months' satisfactory service. His twelve months service was not completed on the date of termination of service. So, the question of his confirmation in service did not arise at that time. 11. In this connection. Mr. Khairul Huq, referred to a decision in the case of Abdul Mannan...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
....Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Abdul Haque Sikder……………………Petitioner
Vs.
Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others…………………Respondents
Judgment
June 13, 1996.
Result:
......r was exonerated from 5 out of 6 original charges and found guilty of negligence of duty. As regards the additional charge inquiry officer found that it is not possible to ascertain after such a long time who was actually responsible for the shortage of 200 bags of fertiliser at the relevant time wh......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....t Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Md. Golam Mostafa…………………………………Petitioner Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Resu......ept those goods in different pledged godowns; that on 14.11.1999 the Bank authority inspected the godowns and found shortage of various items of fertilizer as mentioned in the F.I.R; that, in the meantime, on 02.02.2000, the police raided the pledged godowns and found a huge adulterated fertilizer a......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... Bangladesh Bank and others.............................Respondents Judgment April 5, 2007. Result: The rule is discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners. Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the res......has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants wil......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....…………..Appellants Vs. Abdul Mannan and others………………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to titl......on, when the title is threatened or evasion only then the cause of action would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title. A registered kabala is an evidence......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
.... Present: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Sazzad Hossain…………………………………………………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 20......esne profits or damages or annual net profits, the court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the court within such time not exceeding three months as may be fixed by the court: Provided that the court may on the ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....(HCD) (2008) 313. ......axes at the middle just after the Commissioner of Taxes. Section 11 empowers the government to establish a Taxes Appellate Tribunal consisting of a President and other member the Government may, from time to time, appoint. Decision of such tribunal under section159 is final and binding on all author...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....Petitioners Vs. Government of Bangladesh and others….......Respondents Judgment October 15, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Zakaria Sarker, Advocate-For the petitioners. S M Quamrul Hasan, Assistant Attorney General-For respondent No.1. Md......-36/ 98/128 dated 16.2.2000 appointed the Thana Nirbahi Officer, Nabinagar as Administrator of the municipality and constituted a 25 (twenty-five) members’ committee to run its functions in the meantime (annex-E). The petitioners were appointed as members of the said municipal committee. 6. The......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d Construction Ltd. Vs. Ministry of Commerce, Government of the People’s Republic of Bangladesh and others, 47 DLR, 209; 53 DLR (AD) 70. Lawyers Involved: Mainul Hosein with Abdur Rahim, Advocates-For the petitioners (In Writ Petition No. 9390 of 2010) and respondent 3 (In Writ Petition No. ...... of the Ordinance, although a notice was served upon the previous committee which made a reply thereto. After receiving the reply of the previous committee, the Ministry of Commerce took quite a long time, but did not interfere with the election proceedings and allowed the Election Board to hold the......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....Petitioners Vs. Government of Bangladesh and others………..Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. M......t petitions is not exactly same. 8. Mr. Kazi Rezaul Hossain, learned Advocate submits that when the writ petitioners by obtaining an information slip (annex–L to the writ petition) for the first time came to know on 22.8.2006 about the real status of Kofiluddin that he was not an affected perso......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....57. ......so not proved. Such defence case had not been suggested in cross-examination to the P.Ws. At last stage of the trial a new story was advanced through the mouths of the D.Ws. Even the appellant at the time of examination under section 342 of the Code of Criminal Procedure did not disclose such defenc......f plant from her uterus. She handed over that piece of root of plant to P.W.1 who seized the same. She identified the piece of root, Material Ext.1. in the Trial Court. P.Ws.1, 7 and 9 also supported recovery of the piece of root Material Ext.1 from the uterus of the deceased by P.W.5. Thus it is pr......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....Court High Court Division (Criminal Jurisdiction) Present: Siddiqur Rahman Miah J Badsha Alam……………………………………………………….Appellant Vs. The State…………………………………………………………….Respondent Judgment M......Chittagong, was entrusted to inquire into the matter who after getting the task of investigation visited the place of occurrence, examined the witnesses and prepared a memorandum of evidence. At that time, he was transferred else where. Subsequently the task of investigation was fallen on Mr. Sai......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....ion (Criminal Jurisdiction) Present: Md. Abdul Wahhab Miah J Md. Abu Tariq J Labai Pramanik @ Nabab Ali…………………………………………….Appellants Vs. The State…………………………………………………………………………..Respondent ...... after giving water to the paddy field and told that Shaheda was lying dead in front of the deep tube well. Hearing the said news the p.w. went near the dead body and found many people there. At that time Shaheda was moving slightly and at the advice of all present there he gave water into her mouth......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....charged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: A. M. Aminuddin with Sk. Shafique Mahmud and Ms. Selina Akhter, Advocates-For the petitioner. Ms. Jesmin Sultana Samsad, Assistant Attorney General-For respondent Nos......tation of the embassy. The writ petitioner himself received the notice on 4.9.2011 putting his signature thereon and thereafter made a representation to the Ministry on 7.9.2011 praying for two weeks time to file the original documents. In the said representation the writ petitioner did not deny the......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....……………………………Opposite Parties Judgment October 12, 2009. Result: The rule is discharged. Lawyers Involved: A.Q.M. Fazlul Haque - For the petitioners. M. Hashmatullah Sheikh - For the opposite parties. Civil Revision No.22 of 1999. Judgment Faruque A......000/- and requested them to execute and register kabala they assured him that they would do the same after finishing the criminal case in the name of the husband of defendant No.2 and that in the meantime, Iman Hossain elder brother of the defendant Nos. 1 and 2, executed and registered kabala of hi......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ent Judgment May 31, 2010. Result: The Rule is discharged. Writ Jurisdiciton of the Court The Writ Court under Article 102 of the Constitution can not interfere with the administrative approval accorded by the Government and administrative approval is not subject to judicial rev......e Biaghat Union Parishad Bhaban was constructed at Mouza Jogandronagar on the bank of the river Atrai in 1952. Since the Union Parishad building is dilapidated, it has not been used for a pretty long time. Furthermore, the Parishad Building goes under water during rainy season almost every year. The......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....4, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must as......ng that the offence could not be proved without assigning any reason whatsoever. He also observed that in disposing of the matter the learned Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the sl......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
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