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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)

....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ...... by the impugned judgment and order dated 15.05.2008. 4. The prosecution case as stated in Sessions Case No. 141 of 2007 in short, is that the accused-appellant Feroj Uddin Ahmed had business transaction with the complainant-respondent consequently Tk. 7,49,832/- fell due to the accused-appellant..

Category: Criminal Law | Date: | Hits: 57

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......en challenged by the Petitioner by filing Writ Petition No. 2794 of 2001 which is still Pending before the Court for disposal, the respondents were legally bound to refrain themselves from taking any action against him till the disposal of that criminal case in view of the Provision of regulation 49..

Category: Employment/Service Law | Date: | Hits: 104

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138........1.86. 3. While working at Tangail Cotton Mills Ltd., the petitioner was served with a show cause no­tice under Memo of SEF/D/343/699/85/57 dated 27.2.85 asking him to show cause why disciplinary action shall not be taken against him on the allega­tion that as Assistant Labour Officer the petit..

Category: Employment/Service Law | Date: | Hits: 73

Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)

....ismissed with the conviction and sentence altered as above. Communi­cate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......conviction and sentence Amar Kumar Nag @ Ratu Nag having submitted to the police, had preferred this appeal from Jail when at the time of admission of this appeal he was enlarged on bail to the satisfaction of the Deputy Commis­sion, Tangail pending disposal of the appeal vide or­der dated 5.6.83...

Category: Criminal Law | Date: | Hits: 35

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......is also unjustified. They also took the-plea that the Adjuster yet not having ascertained the amount to be contributed by the cargoes owner and/ or the ship owner the suit is premature as no cause of action arises for instituting the present suit till the adjustment. 6. Mr. M. Hafizullah at the t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......at is evidence de­pends upon the facts and circumstances of each case. That a dispute does not exist or has not existed or that there is no apprehension of breach of peace may be proved to the satisfaction of the Magistrate by production of a single piece of paper. It depends upon the facts and cir..

Category: Criminal Law | Date: | Hits: 32

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......rticle 102 of the Constitution. Mr. MA Samad further submits that in their affidavit-in-opposition the contemner respondents although pleaded for apology but they have also attempted to justify their action and, as such, the apology is not an apology in the eye of law and must be rejected. 6. Mr...

Category: Civil Law | Date: | Hits: 70

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......he suit by filing written statement denying the material facts stated in the plaint and claiming the suit to be barred by limitation, bad for defect of parties and not maintainable, for want of cause action and asserting that the Angarjure is not a village but a Mouza consisting of three villages an..

Category: Property Law | Date: | Hits: 27

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ...... had discussed with other Judges of the Appellate Division. 18. On 23-2-03 fact of recommendation and protest of the lawyers against non-appointment were widely circulated in the national media. Reaction of Mr. Abdul Matin Khasru, former Law Minister was published. Mr. Moudud Ahmed, the then Law ..

Category: Constitutional Law | Date: | Hits: 252

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......well as the learned advocate appeared for the respondent having filed caveat. 6. On consideration of the facts and cir­cumstances of the case, it appears that the writ-petitioners had no cause of action to move the application in the writ jurisdic­tion inasmuch as the writ petitioners did not a..

Category: Employment/Service Law | Date: | Hits: 86

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515....... “The object of the interlocutory injunction is to protect the plaintiff against injury by the violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial; but the plaintiffs need for such..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... Vs. Behari Lal Dutt, reported in 29 CWN 614. In that case the plaintiff had despatched certain goods on Bengal Nagpur Railway, which did not reach the consignee at the destination. So, he brought an action for recovery of the value of the goods. In his plaint he put as the defendant, “Agent of Be..

Category: Property Law | Date: | Hits: 37

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ...... 14. In Gopal Das Vs. Mul Raj, AIR 1937 Lahore 389, in a suit for declaration that certain contracts of sale were valid and the purchase of certain bales were not valid since ratification of the transaction or purchase was obtained by fraudulent misrepresen­tation, a Division Bench of the Lahore Hi..

Category: Procedural Law | Date: | Hits: 60

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......84 the Tribunal could not in law entertain such a dispute. His further argument is that the termination order having been made for collateral purposes as a punishment for striking of work the summary action of the Bank is mala fide and without jurisdiction. 6. Mr. Zainal Abedin, the learned Advo..

Category: Employment/Service Law | Date: | Hits: 76

Angur Vs. State, 1988, 17 CLC (HCD)

....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......reated as an approver u/s 337 Cr.P.C. and par­don may be given to him in the interest of the case. I further beg to inform you that I already submitted a prayer in this respect on 3.12.80. Necessary action may kindly be taken according­ly. Sd. N.R. Khan (Assistant Superintendent of Police) ..

Category: Criminal Law | Date: | Hits: 42

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57....... were stopped there. But in each and every Polling Centre there were interruptions and disturbances and polls could not be held in accor­dance with law and therefore he prayed for taking ne­cessary action. But despite the fact that election was stopped at Dhaka Uttar Muhammadpur Centre by the Pres..

Category: Election Law | Date: | Hits: 119

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51...... by utilising the resources of the Union Parishad of which he is the Chairman and in such a position if a disqualified person is placed, in the office he is not expected to do his normal function and action of such persons tends to subvert public interest. There­fore, whether he is a defaulter by t..

Category: Election Law | Date: | Hits: 104

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......­cation for rejection of the plaint holding, inter alia, that Sonali Bank Ltd. as lender of enterprises of Meghna Group of Industries could not be thrust with loan liability and there was no cause of action against Sonali Bank Ltd. and the plaintiffs have no legal character for claiming the status o..

Category: Procedural Law | Date: | Hits: 81

Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)

....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......9 as expeditiously as possible, preferably within 3 months from the date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...

Category: Procedural Law | Date: | Hits: 61

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......the petitioner’s late husband asking him to vacant possession of land claiming the same as Railway property within 7 (seven) days from the date of serving of the notice with a threat that necessary action will be taken against husband. Besides, the respondent No. 1 is attempting to take over posse..

Category: Property Law | Date: | Hits: 22