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KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... does not do so, he is taken to admit the allegations in the plaint, but he is entitled to appear and submit any argument open to him on the plaint; for instance that the plaint discloses no cause of action, or that the claim is time barred? Needless to mention that a party was not bound to put in a..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....node Behari Saha Vs. Nityo Gopal Saha, reported in 1981 BLD (AD) 95=33 DLR (AD) 130. We have gone through this decision and it appears that the same was given in disposing of a case filed under Small Causes Courts Act. 15. The learned Advocate appearing on behalf of the respondent No. 1submitted ......realisation of aforesaid Dollars but without success which led to the filing of the present suit. 3. Defendants Nos. 2 and 3 entered appearance and filed written statement and there is no cause of action against them and their further objection is that the plaintiff is not a financial institution..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rmed him in five minutes that the High Court had not only granted him bail but also issued a directive not to arrest him again. The Court also warned that if Shubhra was arrested again, it would take action against the Home Ministry. 4. The Minister then posed a question, “who are protecting cr..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ...... may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to why appropriate legal action should not be taken against him. 2. In an application under Article 102(2)(i) of the Const..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......s by the respondents is without lawful authority inasmuch as it is ultra vires section 167 and section 339C of the Cr.P.C. 4. The case, as has been made out by the petitioner is that the impugned action of the respondents is without lawful authority inasmuch as it is in violation of the prisoner..Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ...... of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued b..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... Party. Civil Revision No. 434 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule at the instance of the plaintiff-petitioner arises out of an application under section 25 of the Small Causes Court Act, 1887 and is directed against the judgment and decree dated 26-11-1996 passed by th......ent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said Ordinance, this clause-H cannot stand in the way of taking legal action against the defendant in accordance with law. 7. Mr. M Rezaul Karim, learned Advocate appe..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....isputed that the plaintiff inducted the defendants No.2 without any intimation to or consent of the landlord. It is also not disputed that under the agreement of lease sub-lease is prohibited. 11. Cause of action for the suit as averred in paragraph 4 of the plaint is hereunder, “মোক......hat the plaintiff inducted the defendants No.2 without any intimation to or consent of the landlord. It is also not disputed that under the agreement of lease sub-lease is prohibited. 11. Cause of action for the suit as averred in paragraph 4 of the plaint is hereunder, “মোকদ্দ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......s of the Basti, the protection of their right to life. In spite of such part taken by the Government, some of the interested persons are trying to evict the inhabitants of the Basti immediately. Such action for eviction would be violative of the fundamental rights of the petitioner Nos. 2-5 and othe..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ....... In trying to influence the learned judge while the appeal was pending for disposal, Ershad has committed contempt of Court. 153. In the affidavit-in-opposition HM Ershad tried to justify his action and then prayed for mercy. He did not tender unqualified apology nor did he do so at the ea..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ent of arbitrators for the parties for arbitration of the dispute. 3. The employer opposed the application by filing a written objection. It was mainly contended therein that there was no cause of action for the contractor for making the application. The work under the contract having not commenc..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......ff have filed written statement and denying the material allegations the defendants contended that the suit is not maintainable under the Admiralty Jurisdiction and that the plaintiff has no cause of action against the vessel ‘MV Sargodha’ and the vessel Sargodha was not liable to be arrested. T..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Category: Civil Law | Date: | Hits: 92
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......the defaulting borrower. 6. From the above amended provisions it is clear that legislature has taken measures to prohibit granting of loan to defaulting borrowers and made provisions to take legal action against them and also to prohibit director of defaulting borrower company from transferring h..Category: Banking Law | Date: | Hits: 121
Category: Procedural Law | Date: | Hits: 88
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......bstances of the case and came to a wrong findings and did not take into consideration that 3(three) different plaintiffs took lease of the octroi posts for three different periods and their causes of action are different. According to him DW1 who categorically stated in his deposition that since 195..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......ritten statement denying all material allegations by the plaintiff made in the plaint and stated inter-alia that the suit is not maintainable in its present form and manner and there is no cause of action to file the suit. Kefatullah bought 2.65 acres of land including suit land in C.S. Plot Nos.2..Category: Property Law | Date: | Hits: 36
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......e same or similar as because Title Suit No.1633 of 2008 filed by the petitioner as plaintiff for declaration of title and recovery of khas possession and the writ petition was filed challenging the action of RAJUK whereby RAJUK approved the plan in favour of respondent No.7 and his brother to cons..Category: Property Law | Date: | Hits: 23
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......hairman of union parishad complained about it before the then Minister for the Local Government Rural Development (LGRD) on 17.2.86, the Minister referred the matter to defendant No.4 for necessary action but he, being influenced by the opportunist group, violated the decision of the union parisha..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......ereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Registrar to place the matter before this bench for taking appropriate action. 2. In the above letter the attention of Hon’ble Chief Justice was drawn to the fact th..Category: Constitutional Law | Date: | Hits: 123