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....ppellate Division in Para 13 of their Lordships' Judgment as quoted above.
10. In the English case of Wilkinson Vs. Banking Corporation reported in 1948 Law Reports I.K.B. page 721, from where the relevant portion in Para 13 of their Lordships' Judgment in the case reÂported in 33 DLR (AD) page ......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......, two trade licences appearing in the name of the tenant were produced before the learned DisÂtrict Judge to prove that it was not a case of subÂletting. The learned District Judge considered these documents "as very important" for the purpose of deÂtermining the question of sub-letting or otherw..Category: Property Law | Date: | Hits: 115
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....nly be known after opening the scaled gunny bags of all the centres containing the election materials and after comparing the voters list, ballot papers, number of votes cast at each centre and other relevant papers. 9. It is our firm opinion that the question as to whether the voters of some vil......n in the centres where election was postponed or not held due to disturbance" (Annexure D). By Memo dated 10.12.88 (Annexure E) the Election Commission staled that it heard both sides and perused all papers and had decided that there would be re-poll at Hijla Primary School centre and Ramerkanda Hig...... Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: Th......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..Category: Election Law | Date: | Hits: 215
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....der section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six months more. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Nurul Alam (P.W.4) lodged an e......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
....d nor any warrant in law to promulÂgate it in haste on 14.12.89 when the winter session of the Parliament was expected to be in session within a few days. Moreover, no circumstances exÂisted at the relevant time which rendered immediate action necessary so as to promulgate the said amendÂing Ordi......ila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the ofÂfice of Chairman of Upazila Parishads fixing 17.2.90, the date for filing nomination papers, 18.2.90 the date for scrutiny of nomination papers, 25.2.90 for withdrawal of the candidatur......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made reÂturnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....ould not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respon......s also mentioned that others department took steps for removing the discrimination. On 13-10-2008 the Ministry of Finance sent a letter to the Secretary Ministry of Education and asked to submit some papers and on 24-11-2008 the Director Directorate of Audit and Inspection, wrote a letter to the Sec......eported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... file a complaint under the un-amended as well as amended section 32 of the Anti-Corruption Commission Act 2004. They further submit that their Lordships of the Appellate Division after examining the relevant laws and Rules in this respect came to such decision. 9. The learned counsel for the res...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Azam-e-Sadat (Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......ained with concerned section of the University and that there are discrepancy in respect of alphabet of his name and hence he would not return back the same to him. Having failed to get back his said papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 ...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................gistrar would not deliver the original deed of power of attorney and the deed of agreement till that time. Therefore, the plaintiffs filed true copy of the said agreement along with receipts of those documents. Defendant No.2 received a further sum of Tk.700,000/- on 20.10.1999 and Tk.6,25,000/- on ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....ed to pay rent of the suit land for three years from 1371 B.S. with the help of Tahsilder by manipulating and inserting his name in the tenants’ ledger. The plaintiffs further came to know that the relevant khatian had been removed and replaced by a new khatian at the instance of defendant No.1. D......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... the impugned judgment. 11. We have considered the submissions of the learned Attorney General for the appellants and learned Advocate for the respondent and perused the impugned judgment and the papers incorporated in the paper book. 12. The High Court Division found that the respondent her......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....at there is any scope for condoning the delay of 314 days in presenting the Custom Appeal under section 5 of the Limitation Act. 7. We have examined the application for conÂdonation of delay, the relevant provision of section of 194 D as well as the other provision of the Act. 8. It transpire......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
.... to them was to obey their instruction; that the plaintiff could not show those outstanding advances in periodical statements as there was no such system prevailing in the computer of the Bank at the relevant time; that taking the advantage of some of the outstanding in the loan account the bank sta......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
.... mortgage and power of attorney in favour of the Bank. The petitioner also created furÂther charge for rest amount of the loan liabilities of the Company and created equitable mortgage by depositing relevant documents of her title with the Bank and signed and executed memorandum of deposit of Title......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......an affidavit-in-opposition denying the material averments made in the writ petition conÂtending, inter alia, that at the time of availing the loan, the petitioner signed and executed all necesÂsary documents as director of the Company. The petitioner admitted that the loanee-company and other dire..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......ed the entire share to the exÂclusion of the plaintiff who is sister of the half blood and that she has been in possession of the suit land. 4. Both the parties adduced evidence and filed various papers which were marked Exts. 5. The learned Subordinate Judge after hearing dismissed the suit ......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....machinÂeries there and that on query accused Anwar Ali told that he had sent the machineries to Khulna for repair).....P.W.2 Ashish Kumar Kundu and P.W.3 Rafiqul Hasan are attesting witnesses of the relevant documents (which) I.O. seized from the Shilpa Bank, Pabna, under seizure list Ext.7. P.W.4 ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......ries there and that on query accused Anwar Ali told that he had sent the machineries to Khulna for repair).....P.W.2 Ashish Kumar Kundu and P.W.3 Rafiqul Hasan are attesting witnesses of the relevant documents (which) I.O. seized from the Shilpa Bank, Pabna, under seizure list Ext.7. P.W.4 Syed Kabi..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.... Amtali on 6.6.79 is hereby declared collusive, antedated and void and as such be delivered up and cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......s Exts. 1 and 2(c) respectively and the defendant's unregistered agreement and the disputed kabala have been respectively marked Exts. A and B. The defendant has claimed to have purÂchased the stamp papers used in the disputed kabala from a stamp-vendor of Amtali, got the kabala writÂten by D.W.......of 1985. Judgment DM Ansaruddin AhÂmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and deÂcree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....shads namely, Khadimpara, Toker Bazar, Mollargaon, Tultiker, Kuchai and Baraikhandi are adÂjacent to Sylhet Pourashava. The inhabitants of the aforesaid 6 Union Parishads made representations to the relevant authorities on several occasions for deÂclaring the areas covered by those Union Parishads......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
....rned SinÂgle Judge's order it was observed that the claimant, having obtained the award on the amount as to the loss or damage in question shall have now the right to institute a proceeding upon the relevant policies before the appropriate Court , if it decides to enforce the claim against the insu......ate settlement of claims.— (1) Where payment on a policy issued by an insurer becomes due and the person entiÂtled thereto has complied with all the requireÂments including the filing of complete papers, for claiming the payment, the insurer shall, if he fails to make the payment within a period......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are disÂmissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
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