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Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....y the local people have been considered for the purpose of decision taken by respondent No.1 to extend the of the Kushtia Pourashava curtailing the same from Jagati Union Parishad. 4. On the other hand, respondent No.1, Government of People's Republic of Bangladesh, represented by the Secretary, ......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ..

Category: Election Law | Date: | Hits: 85

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

....n case but creates serious bar in the dis­charge of rule of law as well as Administration of justice. As such, there found no reasons to accept the testimo­ny of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...

Category: Criminal Law | Date: | Hits: 46

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....he defendant No.7 to make counter claim against the plaintiff. In this regard the trial court observed that an arbitration proceeding is pending between the plaintiff and defendant No.7. On the other hand, the learned Judges of the High Court Division observed that the plaintiff having not claimed a......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991...

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....ctor of the Company to open and operate bank account/accounts both in Bangladesh and abroad is, in my view, prejudicial to the interest of the Company and its members. It centralises the power in one hand, as the Managing Director alone can open and operate bank accounts requiring no resolution of t......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..

Category: Company Law | Date: | Hits: 247

Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)

...........Petitioner Vs. Mahbub-ul Karim and others...................Respondents. Judgment March 3, 2010. Lawyers Involved: Rokanuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Abdul Baset Majumder, Senior Advocate instr......f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955...

Category: Civil Law | Date: | Hits: 103

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

....imuddin, Manaf and Alam sons of Kalimuddin transferred their shares in favour of Ausha Miah in the year, 1937 by exhibit-G1. The plain­tiff claimed that Bangu Sheikh while alive, by way of oral gift handed over the property in question in favour of the wife of his grand son, Aushi Bibi. It fur­the...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..

Category: Property Law | Date: | Hits: 47

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....r. Syed Amjad Ali. 9. Mr. Tobarrak Hossain, in elaborating the above contention pointed out that one Syed Amjad Ali, candidate of Serial No. 66 in the Department of Neuro Surgery, and Dr. Gabinda Chandra Saha, candidate of Serial No. 87 in the department of Paediatrics, were aged more then 40 yea......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..

Category: Others | Date: | Hits: 100

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ala, 2002 the petitioner is required to pay stamp duty as per the present market value of the disputed property. 8. Mr. S.M. Zahurul Islam learned Advocate for added respondent No. 5, on the other hand, submits that on the self same property Other Suit No. 533 of 2006 for declaration of title has......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..

Category: Property Law | Date: | Hits: 35

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....he defendant No.1 and subsequently, on receiving rest amount of Tk. 9,000/- defendant No.1 executed the kabala deed on 18.3.86; that on the date of execution of bainapatra the defendant No.2 (vendor) handed over the possession of the suit land in favour of the defendant No.1 and also permitted to st......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others 47 DLR (AD) 162; Habibullah (Md.) Vs. Sher Ali Khan and others 57 DLR (AD) 55. Lawyers Involved: Khandaker Mahbubuddin Ahmed with Anowarul Azim Khair-For the Petitioners. Abdul Quaiyum with Sasti......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....…………. (5)……………………………….. (6)……………………………….. 12. Mr. SM Zillul Haq, the learned Advocate appearing for the respondent No. 1, on the other hand, contended that the respondent No. 1 considered the deposition of all witnesses and discussed t......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

.... in this court and as such the defendant opposite party No. 1 is estopped under sec­tion 116 of the Evidence Act from denying the title, of the landlord defendant No. 1 of the Partition Suit without handing over possession of the suit premis­es. He also submits that the impugned decree of the said......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....ance of a contract for sale are the parties to the contract". 6. In Prem Sukh a suit was filed by one Habibullah & others for specific performance of contract for certain land against one Nim Chand defendant No. 1 and Prem Sukh, defendant No. 2. The defendant No.2 was impleaded on the allegat......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..

Category: Procedural Law | Date: | Hits: 70

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

.... and recommenda­tion of the enquiry officer and as to why a higher punishment was proposed to be inflicted on him. 9. Mr. Syed Amirul Islam, the learned Advocate for the respondents, on the other hand, submits that under Clause 69(3) (c) of the Bangladesh Textile Mills Corporation (Service) Regu......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....e raised a preliminary objection as to want of jurisdiction of this Admiralty Court to entertain the plaint and also to issue warrant of arrest of the vessel defendant No. 1 M.V. CORINA. On the other hand, the learned Advocate for the petitioner submits that the preliminary objection is untenable. H......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

.... has, in fact, quashed the proceed­ings which as an Additional Sessions Judge he has no jurisdiction to do. 10. Mr. Moinul Huq, learned Advocate for the 2nd Party—opposite parties, on the other hand, sub­mits that the Chief Metropolitan Magistrate passed the order on 12.4.87 not after an inqu......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....89) 108.......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....t the premises is required bona fide by the plaintiff, for his own purposes. 7. Mr. Sharifuddin Chakladar, the learned Advo­cate appearing on behalf of the plaintiff opposite par­ty on the other hand submitted that the courts below committed no error of law occasioning failure of justice in arr......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....egistered deed dated 17.11.2002 but the preemption application field on 5.3.2005 having knowledge on 3.3.2005 but the pre-emptor has not been able to prove his alleged date of knowledge. on the other hand, the learned Advocate submits that the pre-emptor being P.W.1 stated in the evidence that he ca......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..

Category: Property Law | Date: | Hits: 36

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....han with the land of the plaintiff of Mouza Anandapur vide exchange deed No. 20155 dated 10.08.1981 and the delivery of posses­sion of respective lands were made duty and accordingly the plaintiff (Khandaker Mokhlesur Rahman) since then was owning and possessing the suit land on payment of rent to ......ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...

Category: Property Law | Date: | Hits: 31