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Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......legations and he was discharged from service by order dated 7‑7-1993 by the petitioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and without giving any second show cause notice. He filed an application to the ..

Category: Employment/Service Law | Date: | Hits: 122

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......upon transfer of shares, is to notify the Registrar of the Joint Stock Companies and Firms, by submitting Form-XIII and schedule-X, if any change does occur in the Board of Directors or in the share­holding position of the company. Similarly, Companies Act permits re-valuation of shares, upon acqui..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......that the trial Court below without assigning any reason as to the question of doubting the expert opinion "Exhibit-Ga" decreed the suit mainly on the basis of documents produced by the plaintiff-Bank holding that: ৩নং বিবাদীর জবাবে ৩নং বিবাদীর ঋণ..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......receipts which were marked as exhibits. 5. The House Rent Controller, Narayanganj hearing the parties and perusing the evidence on record by his judgment and order dated 1.3.2006 rejected the case holding that since the petitioner, a defaulter, was not entitled to deposit the monthly rent. Howeve..

Category: Property Law | Date: | Hits: 105

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....s liable to be regularized or made permanent by the Biman authority. In that decision it was held, inter alia, in paragraph 10: "10..............................................  It is not disputed that the employees of batch Nos.1-27 of the writ-petitioner's category although were employ......f Mandamus, the petitioners must have a legal right to be enforced and the Biman authority must have a legal duty to be performed. In the facts and circumstances of the case, we have no hesitation in holding that the petitioners have no legal right for enforcement and the Biman authority has no lega..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ...... 13-6-2007 by the Joint Forces and there­after she was shown arrested in this case on 31-12-2007, while investigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisio..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....h a prayer to allow him to succeed to the Mutwalliship. This gave rise to a contest between the two persons eligible to succeed to the Mutwallithip, each claiming to be the most competent. It is not disputed that both of them have locus standi to claim Mutwalli-ship of the Waqf Estate. Thus the Adm...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....tion and the supplementary affidavit and the affidavit-in-opposition filed by the respondent No.1 it ap­pears that the matters are controversial and need de­termination by evidence. 6. As to the disputed question of fact it is now well-settled that a proceeding in a writ jurisdiction is more in......alse and fabricat­ed result sheet of the election of Malonchi Union Parishad Polling Centre has vitiated the entire elec­tion of Malonchi Union Parishad and as such it is necessary to pass an order holding that the declara­tion of the Respondent No.1 as Chairman of Mal­onchi Union Parishad has b..

Category: Election Law | Date: | Hits: 171

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....the instant case the procedures as laid down in the Drugs Act had not been followed by the prosecution and he found nothing more to sub­mit. 8. In the instant case, certain relevant facts are not disputed namely, that the Executive Director of Hoechst Pharmaceuticals Mr. J.P. Bria made a com­pl......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......ed against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local in­vestigation of the suit land. 2. The short fact that will be necessary for th..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....of the people of the locality in the implementation of project and the counter assertion by the respondents as to participation of the people in the implementation of the project, thus, have become a disputed question of fact and this Court will not embark upon an investigation of the same in writ j......ed by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has locus standi to file and maintain the writ petition. 4. In Writ P..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatian No.1251/1 in holding No.24/24 measuring 0.161/2 acre of land and SA Khatian 591/1, RS Khatian No.1024/468 measuri..

Category: Civil Law | Date: | Hits: 65

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....ng on record to show that he made such complaint to the Customs authorities though he cleared the first consignment by furnishing a Bank Guarantee on 29-3-92 for Taka 1,69,290.16. For deciding such a disputed question appeal is the appropriate forum as provided under section 193 of the Customs Act a......the above facts and circumstance we 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: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ...... of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 5. The facts as stated in Writ Petition No.1840 of 1994, in short, are that the petitioner is holding the Office of Nikah Registrar of Kalai, Jinuapur, Punat, Udaypur and Matrai Unions of Kalai ..

Category: Civil Law | Date: | Hits: 90

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......t require the suit premises for her personal use and in the circumstances the suit is liable to be dismissed. The Senior Assistant Judge, Dhaka by judgment and order dated 12-10-85 dismissed the suit holding, inter alia, that the defendant No.1 is not a defaulter; that he has not set up a sub-tenant..

Category: Property Law | Date: | Hits: 64

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

.... which is required to be corrected. Thus it is apparent that there was no laches on the part of the party concerned and the mistake was due to the bonafide omission of the learned Advocate. It is not disputed that the heirs of deceased respondent Abdul Hashim were brought on record in the trial Cour...... case land from the opposite parties No.2-5 of the said Misc. Case, by a kabala dated 29-6-1970 at a consideration of Taka 3000.00. The pre-emptor Abdul Hasim also purchased some land out of the said holding by kabala dated 4th June, 1970 from Shoajan Bibi who is a co‑sharer of the said opposite p..

Category: Procedural Law | Date: | Hits: 70

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

.... was no scope for the Court to go into the core of the matter but leaves the petitioners without a remedy in spite of the fact that the latter’s title to the property appears to be genuine, and not disputed by the respondents. The respondents are contesting this petition only on its being time bar......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......ilator with his recommendation to take action. In the facts and circumstances of the case it cannot be said that the petitioner was expelled from the examination hall by the Chief Invigilator without holding an on the spot enquiry as there is no independent report of the Chief Invigilator. Notice da..

Category: Civil Law | Date: | Hits: 85

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......Have the plaintiffs their alleged rights, title and interest in the land and if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in the suit jote and entitled to get saham of 11 kanis and ..

Category: Civil Law | Date: | Hits: 86

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... upon such information his nomination paper was rejected by an order of Returning Officer. That order was challenged in an appeal before the Upazila Nirbahi Officer, Muktagacha who allowed the appeal holding the order of rejection was illegal. Against the order of the Upazila Nirbahi Officer a writ ..

Category: Election Law | Date: | Hits: 148