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Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......dge against such order of eviction; and the decision of the District Judge on such appeal shall be final." 3. Mr. Awlad Ali, learned Advocate for the petitioner, submits that the suit is barred in view of the remedy available to the plaintiffs under sub‑section (2) of section 64 against the ord..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......ssion of murder of deceased Tajul. There is absolutely no evidence as to who shot deceased Tajul. It is therefore, not possible to fasten the liability for the murder of any of the accused and in thisview of the matter, the conviction under section 302 of the Penal Code is out of question. 10. T..Category: Criminal Law | Date: | Hits: 87
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......tions the Plaintiff in each suit has primarily highlighted the fact that in issuing the letter of Guarantee the two P. & I. clubs have by that reason automatically brought themselves under the purview of both statutory and common law standards that define and govern the tripartite relationship b..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......the jurisdiction of this Admiralty Court covered by the provision of Section 3(2)(J) of the Admiralty Courts Act, 2000. Therefore, this suit is very much maintainable in this Admiralty Court. In view of the discussion and the reasoning as aforesaid this Court finds no merit in this applicatio..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......is about the Respondent Nos. 1-4’s action or inaction relating to this matter and a prayer for a direction that they should monitor the provision of tuition by such institutions. From that point of view we find no reason why the Rule cannot be maintainable. Secondly even if a Criminal Case is file..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......s compensation. This decision was later on reversed by the decision of Appellate Division reported in 38 DLR (AD) 41 = 1986 BLD (AD) 146. 15. On a reading of the aforesaid decisions, I am of the view that, this decisions of both the parties, at present, not applicable to the question upon which..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....at the seizure list has not been proved at all. 10. The learned Advocate Mr. Japan Kanti Das finally argues that the learned tribunal judge without considering these aspects of the case came to an erroneous finding that the petitioner committed the offence under Section 19A of the Arms Act, 1878.......ries of cases may also be indicated where the inherent jurisdiction can and should be exercised for quashing the proceeding. There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amoun..Category: Criminal Law | Date: | Hits: 115
Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)
....tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ......ttorney General and perused the petition including the order dated 27.2.2007 passed by the learned Metropolitan Sessions Judge along with the Judgment of the learned Metropolitan Magistrate, Dhaka in view of the submission made by the learned Advocate, we think that it would be just and proper if th..Category: Criminal Law | Date: | Hits: 106
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......he application dated 24.4.2003 for the preparation of the final decree in accordance with the decree of this Court was beyond 3 years and was clearly barred by Article 181 Limitation Act 1908 similar view was expressed in the case of Bhajanmal Topandas and others Vs. Tikam das Thakurdas and others r..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......33 months (till filing of the writ petition) under the provision of Prisoners, Act, 1894 and the rules framed under the jail Code and in a situation like this the petitioner having felt aggrieved, in view of the incessant, imposition of bar fetters on Fazlu, preferred the instant writ petition. ..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......o that this land also consists of several plots. 18. In paragraph 13 of the affidavit-in-opposition the Government stated that "compliance of the Paripatra guidelines is mandatory". We reserve our view as to whether the provisions as contained in the Paripatra are mandatory or not. But as the Gov..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....ation of the entire materials on record, I am of the view that the Court of appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject erroneously held that that the trial Court below committed wrong in rejecting the prayer for pre-emp...... 2, Monwara Begum as the vendor on the allegation that opposite party No.2, Monwara Begum sold the case land to opposite party No.1, Abdul Hakim by a kabala which was executed on 18-6-1996 and with a view to defeat the right of pre-emption the opposite party Nos.1-2 collusively and cunningly describ..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......uddin Ahmed learned Advocate for thepetitioner, after placing the materials on record and the impugned notification submitted that the petitioner is senior most in the male line of the dynasty and in view of age old tradition and custom regarding succession to the chiefship of Bohmong circle, his cl..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... that the opposite party Nos.1-3 are co-sharers by inheritance and the opposite party Nos.1-3 are the contiguous land holder and that they got the land mutated and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner i..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......under section 494 of the Code of Criminal Procedure, is hereby set aside. 5. In the instant case charge sheet has already been submitted under section 457, 448, 302, 120/34 of the Penal Code. In view of the Law Reforms Ordinance, the case is exclusively triable by a Court of Sessions and the le..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......scharged and as such the only remedy of a copartner in the facts as in the present cases is to ask for an account or for dissolution of the partnership itself. It has also been argued that in any view of the matter the present proceedings at the instance of one partner are not at all maintaina..Category: Criminal Law | Date: | Hits: 87
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......istration of a Kabala deed through Court and as well as Khas possession in the said land but the Court due to inadvertence had decreed the suit only for registration of the deed. He submitted that in view of the Order 21 Rule 32(5) of the Code of Civil Procedure the Court is empowered to hand over d..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......and is in operation in accordance with law the teachers and employees of that school is entitled to get their salary and other allowances. That decision is squarely applicable in the instant case. In view of the above I have no hesitation but to hold that the school authority and the Petitioner with..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......rned Trial Judge, further, found that father of Transferees is a co-sharer and in his absence Transferees would be co-sharers and necessity of the case property to be greater than of Pre‑emptors in view of contiguity of property with the portion of homestead where they resided. Learned Trial Judge..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......f the Subordinate Judge Court, Narayanganj with date of filing as on 30‑7‑1986. So, the photocopy of original 'Will' cannot be thrown away outright as the courts below did in the present case. In view of the section 337 of the Act, the courts ought to have considered the photocopy and arrived at..Category: Property Law | Date: | Hits: 113
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