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....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......laintiff and could not be made a Rule of the Court. The defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejecting the plaint on the ground that it is barred by law and consequently not maintainable and the learned Subordinate Judge under the order dated 30‑1..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......isputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defendants and for compensation and the same has been upheld by the highest Court of the country but the law did not permit the SCC Judge to conclusively decide the question of title of the parties in the ..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......ion is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the same is vitiated by lack of competence and not following the legal procedure as l..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
.... infant use put up for retail sale under HS Code 1901.10.10 1901.10.90 was 45% ad valorem. The said rate was declared by the Government in exercise of its power under section 19 of the Customs Act by amending earlier SRO dated 10‑6‑93. No copy of the said SRO dated 10‑6‑93 has been produced ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......sated for by costs or other terms to be imposed by the order. It is submitted that the following observations of Batchelor, J. in the case of Kishandas Vs. Vithoba (1909) 33 Bom 644, lay down correct law. 21. All amendments ought to be allowed which satisfy the two conditions (a) of not working i..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......o heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petitioner to appoint an arbitrator, but to no..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......s rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256....... notice that the petitioner is maintaining his day to day life by way of private tuition and as such, he is not in a position to pay the Court Fees and thereby, High Court Division committed error of law in affirming the order of the trial court. The learned Advocate further submitted that the Hi..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......ugned letter and hence the petitioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancell..Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......judgment making the award Rule of court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior Advocate for the appellant, submitted that the law barred the application of the plaintiffs as it was made long after the award was made on 15-10-1..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......January, 2009 passed by the High Court Division in Writ Petition No.3109 of 2006). Judgment Md. Abdul Wahhab Miah J.- Facts involved in these two appeals though not exactly same, the points of law involved being common, they have been heard together and are disposed of by this single judgment..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......ng required by the court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint ..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240........ The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf of the petitioners that the High Court Division erred in law in directing them to grant Division-1 status to the respondents in failing to consider that the ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......ndent filed the writ petition challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......e Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No.26 of 1977 has become infructuous is correct interpretation of law. But so long a decree remained unchallenged even if it is illegal that may create complications ..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460....... until further order. The copies of the orders are annexed as Annexures‑B and E to this petition. It is further alleged that the detenu children have been illegally and deceitfully removed from the lawful custody of the petitioner mother. Furthermore, the petitioner is entitled to recover the cust..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......uaium Chowdhury, the learned Advocate appearing for the accused‑appellant, has submitted, amongst others, that the order of conviction and sentence passed by the learned Judge is not sustainable in law inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge wa..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......e framing of the suit showing Ananda Furniture as plaintiff and the defendant Md. Siraj as proprietor of Ananda Steel Tech Furniture Ltd. are absolutely misconceived and contrary to the provisions of law and as such the suit is not maintainable in law. 4. The Plaintiff filed written objection on ..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he had not more than 2.30 acres of land. 4. The defendant Nos.1..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......nce this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of the trial Court. He has sub..Category: Property Law | Date: | Hits: 113
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