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Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... petitioner leave was sought to impugn the later order of detention, by way of amendment of the writ petition. But the High Court Division, by its judgment and order dated 27.8.87 discharged the Rule holding that the same had become infructuous on the revocation of the impugned order of detention by..Category: Constitutional Law | Date: | Hits: 288
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....On the basis of the facts and circumstances of the case and the materials on record Mr. Hafizullah submits that both the ships were negligent and as such both should be equally responsible. It is not disputed that collision took place at the time, place and manner as alleged. Mr. Hafizullah has refe......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......Ebadul Hoque J.- The accused‑petitioners had challenged the order dated 19.6.90 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No.102 of 1987 directing further inquiry by holding judicial inquiry after setting aside the order dated 16.5.87 passed by the Upazila Magistrat..Category: Criminal Law | Date: | Hits: 78
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
.... The defendant opposite party No.1 herein before me contested the said suit by filing written statement denying the material allegations made in the plaint contending that he was in possession of the disputed land on the basis of purchase from one Ayesha Khatun and Mahmudul Hoque by kabala dated 26.......ned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not properly discuss the ev..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament by those members of the Parliament under Article 152 (1) read with Article 65 of the Constitution is not established and the purpose of holding general election under Article 123(3) of the Constitution to establish the Parliament as soo..Category: Constitutional Law | Date: | Hits: 164
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......n behalf of the State candidly submits that the judgment and order of conviction and sentence was based mainly on the dying declaration. The dying declaration was made by the victim before his death, holding his mother’s hand saying that “মাগো শরীফউল্লা আমাকে ..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....effect. 4. Mr. AF Hassan Ariff, the learned Attorney general appearing for the petitioners submitted that the writ petition is not maintainable under Article 102 of the Constitution as it involves disputed question of facts as to whether the RAJUK could revise its layout plan due to the encroac......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....e impugned judgment and order making the rule absolute. But as some vital points have been discovered subsequent to the passing of the judgment after reviewing the Government's file in respect of the disputed land the respondents filed the review application on the ground of non-representation of ac......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......irmed the findings of the trial court, but the learned High Court Division without considering the same and out of misreading and misinterpretation of the evidences illegally made the Rule absolute holding that the patta was not genuine and as such the impugned judgment and order of the High Court..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......bitrator was illegal and, as such, the award passed by him also was illegal and without jurisdiction. By the impugned judgment the appellate Court dismissed the appeal upon hearing both the parties holding that the appointment of the sole arbitrator, in the given facts and circumstances, was in ac..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......asheda Begum, she filed Title Suit No.221 of 1964, in which Khatimunnesa and Doctor Manjurul Haque appeared and filed written statement claiming that they purchased 7(seven) annas share of the suit holding in auction on 20.06.1953. Title Suit No.221 of 1964 was decreed on 25.12.1965 in favour of R..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....s of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evidence. In case of highly disputed questions of fact for decision, a civil suit, not a writ petition, would be the appropria......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
.... with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the opposite party, is not disputed by the learned Advocate for the petitioners, but he submits that in the instant case the fa......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d with the writ petition to make out a case. Without any such statement and in absence of the said documents, presumption would be that the auction notice has been rightly published. 7. Moreover a disputed question of title between the petitioner and the respondent-bank is involved in this writ p......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....on that in the present case the KARIKA is aggrieved due to the order passed if it is found to be unauthorised. 11. About the representation of the petitioner by Mrs. Rowshan Akhtar which is highly disputed we will not enter into any disputed question of facts with regard to the post of Chairperso......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......e ground of non‑appearance of the petitioner at the time of hearing of the case. 2. The petitioner's case, briefly, is as follows: The property involved in this case, a house property bearing holding No.2/17, Nurjahan Road Block‑D, within Mohammadpur Housing Estate: Dhaka, originally belon..Category: Procedural Law | Date: | Hits: 59
....er in his petition that after liberation he submitted an application praying for allotment of an abandoned house in his favour to the Ministry of Public Works and Urban Development which allotted the disputed house at 9, Shirish Chandra Das Lane, Dhaka to him by allotment letter dated 22.5.74 (Annex......989) on 27.2.1990 against the Government of Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development to show cause why he shall not be directed to restore possession of holding No.9, Shirish Chandra Das Lane, Sutrapur, Dhaka to respondent No.3 of the present writ petit..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......79 of 1965 was not a legal one and as such Court of appeal below acted illegally in passing the decree on the basis of the same. He further submitted that the Court of appeal below acted illegally in holding that the suit was maintainable and in reversing the finding of the trial Court in that respe..Category: Property Law | Date: | Hits: 88
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......hment under a contract of employment and includes an heir, successor or assign, as the case may be, or such person or body as aforesaid. 10. The trial Court framed charge against the petitioner holding that the New Nation Printing Press in the successor establishment of the New Nation Public..Category: Labour and Industrial Law | Date: | Hits: 147
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