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....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
...... existed a corresponding surrender of that right by an individual as parties by agreement cannot cut down the provision of law (ref. 4 B.S.C.R. at page 16). Again even under the ordinary law of the land regulating contract, an agreement which would defeat the provision of any law or would cause in......he stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
...... representation there at the expenses of the Dhaka Chamber of Commerce and Industry.
24. Now, even if that asking for representation would be at the expenses of the Dhaka Chamber of Commerce the question to be answered is whether respondent No.4 would be barred by estoppel or waiver from asking..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 has been called in question. 2. The respondent No.2 of this writ petition named Nurul Haque was a worker designated ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......(1996) 560. ......Procedure is not maintainable. In support of his contention he referred to the Union Parishad Election Rules 13(4) which is as follows: "If any election petition is filed with the Tribunal calling in question the validity of any election, the deposits concerning that election shall neither be refund..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ...... Petitioner. A. K. Badrul Huq with A.K.M. Zahirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned Distric......th A.K.M. Zahirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......2 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleging therein that on 07.10.1982 the accused persons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut and took away 135 bamboos and re......bove the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......ission to examine the complainant as required by section 200 of the Code of Criminal Procedure is a serious irregularity, but it is not an irregularity which necessarily vitiates the proceedings. The question to be seen in each case is whether where the person raising the objection has been prejudic..Category: Criminal Law | Date: | Hits: 168
....vernment has withdrawn the said case with the consent of the aforesaid Additional Sessions Judge in whose Court the said case was pending.
11. The other ground that because the petitioner is in possession of the pistol, at any time any untoward incident may take place and that fear is being ca......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521...
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......by the predecessor‑in‑interest of the respondent Nos .6‑14 before the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East P...... without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......e reply Annexure‑'C' dated 28.12.88 claiming to have reconstructed the shop building after liberation, but never claimed to have obtained permission of Respondent,No.2 the Authorised Officer. These questions and other questions involved in the said section 3B are essentially for the owners or owne..Category: Property Law | Date: | Hits: 92
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
....titioner instituted other suit No.45 of 1988 for declaration of title in the suit land against the defendants. Admittedly the plaintiff appellant petitioner made statement in the plaint admitting the possession of Uttara Super Market (Pvt.) Ltd. Company, but the plaintiff appellant‑petitioner did ......Judge, Natore in Other Class Suit No.45 of 1988 should not be set aside. 2. It appears that the plaintiff appellant petitioner instituted other suit No.45 of 1988 for declaration of title in the suit land against the defendants. Admittedly the plaintiff appellant petitioner made statement in the pla......hers……………………….Opposite‑Parties Judgment August 25, 1992. Result: The Rule is discharged. Lawyers Involved: MA Sobhan, Advocate ‑ For the Petitioner. Salauddin Mahmud, Advocate ‑ For the Opposite Party. Civil Revision No.1520 of 1998 with Civil Rule No......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ..Category: Procedural Law | Date: | Hits: 130
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......l court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the schedule to the plaint. The suit was also for their 12 annas maliki right in p......ate‑For the Appellants. Mohammad Habib Ahmed, Advocate‑For the Respondents. Second Appeal No. 249 of 1967. Judgment Abdul Hasib J.- This Second Appeal has been directed against the judgment and decree dated 25A.66 passed by the Subordinate Judge, Second Court, Sylhet in T......nd set aside the judgment and decree of the lower Appellate Court so far as they relate to the pathway over Plot Nos.1 and 2 and sent the case back to that court for re‑hearing of the appeal on the question of pathway in accordance with law and in the light of the observations made above." T..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....5‑81 for a period of 20 years at the initial rent of Tk. 1,000.00 per month which is revisable after every five years and also paid a salami of Tk. 1,22,000.00 and the petitioner was put into the possession of the shop on that day. Petitioner started Electronics business under name and style M/s...... plaintiff opposite party executed the supplementary deed of lease on 1.5.86 which marked as Annexure ‘B’ to the Petition. 3. Trouble arose when RAJUK (the then DIT) gave notice to the said land lady and others to demolish shops and unauthorised construction and the petitioner as a tenant ......zaul Karim ........………..…..Petitioner Vs. Jahanara Begum……………………….Opposite Party Judgment May 15, 1991. Result: The suit is disposed of with instructions. Lawyers Involved: Abdul Hamid Chowdhury, Advocate - For the Petitioner. ...... For the Petitioner. ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant ..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......gum, wife of Late Nowab Ali Ashgar Khan and that she did not inherit any property and she used to live with her said mother having no means of her own; that the defendant's sons purchased 6 kathas of land from the said Meherunnessa Begum and paid Taka 1,00,000.00 on the date of agreement for sale of...... Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (SC) 86; Komarmal Gurudayal Vs. Sagorma Bergani......under the provisions of XXXVII of the Civil Procedure Code where the defendant discloses upon his affidavits facts which may constitute a plausible defence or even show that there is some substantial question of fact or law which needs to be tried or investigation into, then he is entitled to leave ..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......nth from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......al Manifest (IGM)" submitted by the respondent No.3 shipping agent has been found proper. 8. Thereafter the petitioner filed writ petition No.7428 of 2003 seeking direction to release the goods in question and accordingly Rule was issued on 14-12-2003 and ad-interim order was passed in the follow..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......e Building Finance Corporation sanctioned loan of Taka 7,90,000 at 5% simple interest on 23-3-1979 in favour of loanee, Md. Khurshed Alam Khusnavish, for constructing a 3 storied home in Kha schedule land but the loanee defaulted in paying installment and its stands at Taka 15,23,342,86 and the defa....... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......2. SS Sarker, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his prop..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......nal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......bmission pressed into service by the learned Counsel for the petitioner. 7. Heard the learned Counsel for both sides and perused the application with annexures there to carefully. 8. The moot question that falls for consideration by us is weather a non-GR case can be investigated into by t..Category: Criminal Law | Date: | Hits: 90
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....Mondal and his wife pro forma defendant No.8 Sreemati Rashmoni Dashya purchased the same and possessed the same by mutating their names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, the said pro forma defendants Nos.7 and 8 ......s.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and so......s……………….……..Appellants. Vs. Wazed Ali Fakir & others..................Respondents. Judgment May 27, 1992. Result: The appeal is allowed in part. Lawyers Involved: Gour Gopal Saha, Advocate ‑ For the Appellants. Abul Qu......half of the defendant Nos.1 and 2 and defendant Nos.3 and 4 as borgadars of defendant Nos.1 and 2 have been possessing the same. Defendant Nos.6 has no personal interest in the suit land. There is no question of these defendants forcibly entering into the suit land as they are in possession. The kab..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492....... instant murder named Abdul Hakim was a Kamla in the house of one Siddiq. On 28.2.85 Abdul Hakim after taking his midday meal in the said house of Siddiq went at about noon to irrigate Siddiq's paddy land situated near a beel named Lebria beel. As he did not return in the evening, his brothers P.W.1......annaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......Vs. Muhammad Qwnruzzaman, PLD, 1982 Kar 745; Pestonji Shapurji Waredwalla Vs. Jamshedji Nowroji, 1926 Bom. 250; Habib Bank Ltd. Vs. Ali Mohtaram Naqvi, PLD 1987 Kar. 102; Santosh Kumar Vs. Bhai Mool Singh, 1958 (SC) 321; Quazie Mohmudar Rahman Vs. Sarat Chandra Dutt, 5 CWN 259. Lawyers Involve.......12.88 the date for filing written statement was extended to 3.1.89. Thus, in the instant case there being no application filed within time mentioned in the summons to appear and defend the suit, the question of granting leave does not arise at all and we are of the opinion that in a suit instituted..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.....9.62 followed by lease deed bearing No.5686 dated 29.3.1962. The holding was delivered to him on 4.11.62. He cleared all dues. The miscreants forcibly ousted the respondent in December 1971 and took possession of the building. The respondent submitted several petitions to various authorities from t......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....... In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......mily member to Pakistan or that they are residing in Pakistan. He also submitted that the petitioner had no locus standi to be a party in the Court of Settlement or to contest the same. 15. The question before us is whether or not the property in question is an abandoned property under Preside..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....cles such as material ext. III, Philips radio, the stolen saries (material ext. IV), the hajik light (material ext. V) and other stolen articles as identified by the witnesses were recovered from his possession immediately after the dacoity took place. The prosecution, therefore, has been able to pr......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......offence. The requirement of law is that the number of persons involved in the commission of the dacoity be 5 or more and not 5 or more persons should be charged for commission of such offence. This question has been settled by the full Bench decision of the Dhaka High Court in the case of Hachi Me..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
.... including the disputed land and also other land, Before CS operation the CS Plot of CS Khatian No.15 was owned and possessed by one Maizuddin and after a few years the said Maizuddin handed over the possession of the said Khatian to Akbar Bhuiyan. Thereafter, the whole of the CS Khatian Nos.15 and ...... injunction against the petitioners and the defendant-respondent opposite party Nos.7 to 9. The further case of the plaintiff is that, one Akbar Bhuiyan was the owner of CS Khatian No.15 with other land and Jonab Ali and others were the owners of the CS Khatian No.243 including the disputed land a......lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... the rent receipt to the government (marked as Exhibit 5) in this connection. He has referred 30 DLR (SC) 41 "the private document made an exhibit on its formal proof, presumption as to its writing—question of its genuineness is a question of fact" and he submits that the Exhibit 6 are all private..Category: Property Law | Date: | Hits: 144
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