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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....atory requirements of law in giving clear identification of the land, which cannot be sustained under law. 23. The plaintiff initially instituted the suit for permanent injunction, subsequently by amending, the plaint he sought for mandatory injunction stating that during pendency of the suit on ......f Bangladesh and others reported in 42 DLR (HCD) 434 wherein it has been held: "Failure to give specification of suit land-the plaintiff having failed to comply with the mandatory requirement of law in giving description sufficient to identify the suit land, they are not entitled to any decre..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......r no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercise of its inherent power under Secti..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......t No. 2, predecessor of the petitioners contested the said suit by denying the material allegations made in the plaint, contending, inter alia, that the suit is not maintainable, hopelessly barred by law of limitation, no cause of action has arisen for the suit and hit by Section 42 of the Specific ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......o.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......fore 'immovable property' mentioned in section 5 in case of land of the 'Rural area' is to be read and imported in the section and in the section no such particular area having been mentioned the law should be read and to be considered as it is. Thereafter he has submitted that since the words "..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......hy the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased o..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ned Appellate Court the plaintiff has filed the 2nd appeal. 3 Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate Court erred in law in reversing the judgment and decree passed by the learned trial Court without reversing his f..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... from service on the false plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post of ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... 1958 and the Durniti Daman Commission Ain, 2004 (hereinafter referred as the Ain). Section 20 of the Ain provides that investigation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafte..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......nisur Rahman Shikder gave in marriage of his eldest daughter Anika Shikder Lucky with the accused Golam Sarwar Hossain Moilah as per Islamic Shariyat. Since after marriage, the husband, the father-in law, the mother-in-law and the sisters in law of Anika Shikder Lucky started torturing her physicall..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......পক্ষ বহন করিবে”। 17. Upon perusal of the terms of the agreement it appears that the agreement as nothing but a void agreement and that agreement is riot enforceable in law. The defendant No.1 got no locus standi to enter into such an agreement as per law and as such t..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......the aforesaid defendant-appellants have preferred this first appeal. 7. Mr. Md. Ohiullah, the learned Counsel appearing, on behalf of the defendant-appellants submits that the trial Court erred in law in not holding that the defendant-appellant Nos.1 and 2 could not be held liable to the plaintif..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......nstant accused petitioner and the other accused for the offence punishable under section 25B (II) of the Special Powers Act to which they pleaded not guilty and claimed to be tried in accordance with law. 4. In order to bring whom the charge against the instant accused petitioner and other accus..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......winding up petition is maintainable. 25. In Raj Kumar and Brother Vs. Organic Chem Oils Ltd, reported in (1998) 93 Company Cases 386, therewas evidence on record that a certain amount of money was lawfully due to the petitioner and the respondent-company, despite being put on notice, intentionall..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ...... tortious claim against this defendant. 3. The learned senior Advocate Mr. Rokanuddin Mahmood next further taken his 2nd bunch of gourd and argues that the instant suit is hopelessly barred by the law of limitation since the plaintiff failed to institute the suit within 2(two) years from the alle..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......e C.R.F. at GBP 89,430,45, that is, more than 10,76 times higher than the price mentioned in the invoice of the goods; that the defendant Nos.1-2 have not discharged their duties in accordance with law and they issued C.R.F. without any inspection of the goods and the C.R.F. value of the goods was..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surmises and conjectures than with reference to the materials on record or to the law on the subject. 2. It appears that an application was filed by one Syed Amir Hossain before t..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....c) of Ordinance No. XXIV of 1982 was further amended and for the words "one hundred and eighty days" the words "three hundred and sixty day" were substituted. 3. Ordinance No. XXIV of 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not com......tioner was a pending proceeding on the day that Ordinance No. XXIV of 1982 was promulgated. Section 35(c) of Ordinance No. XXIV of 1982 provided that notwithstanding anything contained in any other law for the time being in force or in any amendment made in the Code of Criminal Procedure by this O..Category: Procedural Law | Date: | Hits: 123
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ...... view of the repeated failure of respondent No.1 to pay debts despite repeated reminders and request of the petitioner, the petitioner served on respondent No.1 a notice dated 4‑11‑92 through its lawyer under section 163 of the Companies Act asking the respondent No.1 to settle its outstanding d..Category: Company Law | Date: | Hits: 145
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