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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... obtain and execute its own decree. Here, the legislature had a clear intention to make over all the cases pending before the Adalat established under the Ain, 1990 being abolished and since no other alternative is found to have been created by the legislature certainly all the "suits", "cases" or "...... even after a lapse of more than one year from the date of issuance of the same the Adalat issued warrant of arrest on 22-6-04 against the petitioners under section 34(1) of the Ain upon allowing the prayer of the decree holder-Bank. Challenging the orders dated 9-6-03 and 22-6-04 respectively along..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....tely, the Inquiry Officer without having a look at the inquiry report submitted by the aforesaid 4-member Inquiry ComÂmittee and in spite of having known of the fact that the petitioner had no other alternative but to prepare the alleged estimates and do the works as per instrucÂtion of his superi...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ordinary, natural and gramÂmatical meaning, hence, portion of statute which contradicts with the preamble should go, declaring it void and to fill up the vacuum the legislature is required to create alternative forum for pending proceedings. 10. Conversely, Mr. Shamim Khaled Ahmed, the learn...... the Adalat for peremptory hearing and by filing written statement sought time on its acceptability. On the same date the defendant petitioners also prayed for adjournment of hearing of the suit. The prayer was allowed by the Adalat and fixed 30-10-2004 for peremptory hearing. MeanÂwhile, the petit..Category: Others | Date: | Hits: 104
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......earned Subordinate Judge permitÂted to withdraw the suit. 14. There is no dispute whatsoever and the legal position is very much clear that without any formal defect or sufficient ground the prayer for withdrawal with permission to sue afresh cannot be allowed. It is now well settled as hel..Category: Property Law | Date: | Hits: 23
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......ter, the accused petitioner appeared and was enlarged on bail. Accused petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge from prosecution but the said prayer was refused by the learned Magistrate. Thereafter, the accused petitioner moved this Court an..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......ugar arrived at Chittagong. Meanwhile, the Government by another notification dated 6-11-84 enhanced the rate of duty by exempting duty above 75% ad valorem. Rejection of the customs authority of the prayer of the importer to pay duty at the earlier rate of duty at 50% instead of the new rate of 75%..Category: Fiscal/Taxation Law | Date: | Hits: 64
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....er Order VII rule II for rejecting of counter claim does not, in terms of Order VII rule II CPC lie and in such case the plaintiff may take recourse to section 151 CPC for rejection of counter claim, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue o......nd then on 18-2-93 the next date fixed for filing written statement the defendant-opposite party again prayed for time to file written statement and the petitioner having raised objection to the said prayer, the learned Subordinate Judge fixed the next date on 1-3-93 for ex parte hearing. But on 1-3..Category: Procedural Law | Date: | Hits: 67
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......iew that said petitioner had got no scope of achieving any relief in the suit. 7. It found that the plaintiff had got a prima facie and arguable case and the defendant had no chance of loss if the prayer for temporary injunction was refused. Upon such view, it allowed the appeal and set aside the..Category: Civil Law | Date: | Hits: 93
Category: Property Law | Date: | Hits: 73
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145....... Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the ..Category: Procedural Law | Date: | Hits: 76
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......de the scope of suit for partition, which would change the nature and character of the suit. 6. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondent submitted that the prayer for declaring the decree dated 19.08.1990 passed in Other Class Suit No.81 of 1982 in respect..Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......ts mentioned in Class‑6 and not under Class‑ 11. As such, the learned Advocate submits that the question of passing of his products as the products of the petitioner, does not arise, as such, the prayer for expunging the trade mark of the opposite party No. 1 is misconceived and the petition is ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......proceeds, but without any result. On the verbal order of the Administrator the plaintiff made a mosque on the suit land out of his own fund and with the help of local 'Musallis' and have been holding prayers and other religious service. 4. Further case of the plaintiff is that Defendant Nos. 2 to..Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....ier. The parties are at liberty to adduce evidence on the issue of age without reopening the case. 29. The appeal, therefore, succeeds. 30. In view of the above matter, we have no other alternative but to send the case back on remand to the learned Speedy Trial Tribunal for ascertainin......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505....... was raping her accused Farid took pictures of her in the nude and accused Uzzal said that he could now make blue films. The witness further stated that when her mother reached home just after Magrib prayer she and Mahima narrated the whole occurrence to her. At 8-00 PM when her brother reached home..Category: Criminal Law | Date: | Hits: 35
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......ncluding IDSC. 4. It manufactured Cold Rolled Steel out of said raw materials and exported them under different bills of export and received export proceeds. In the usual course, and upon the prayer of the petitioner for adjustment of Customs duty, VAT and IDSC, the customs duty and VAT were..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....o. 115(AB)/DA/2003 (Angsha) 85(1) on 12-3-2003 and allotted the flat of the petitioner in the name of the respondent No. 5 without any intimation to the petitioner and the petitioner finding no other alternative preferred the instant writ petition before this Court and obtained the Rule and an order...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......eing Title Suit No. 21 of 2000 in the court of the SubÂordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The case of the plaintiff, in short, i..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......ourt noticing the decision reported in 11 DLR 353 and discussing the case of Md. Azizul Bari Vs. Md. Ismail and another reported in 19 DLR 184 has held the view in the following: "giving away of a prayer mat, a copy of Holy Quran and/or a Tasbih to the donor by thee donee is not considered as a p..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Title Suit No.164 of 1998 in the Court of Subordinate Judge, 5th Court, Dhaka with a prayer to make the award of Taka 24, 00,000 (Twenty-four lac) as passed and signed on 30-5-1998 by t..Category: Civil Law | Date: | Hits: 77