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....i Amirul Islam the Appellate Division observed that the learned Judge rightly held that there is no dispute I that the Government is competent to curtail the jurisdiction of any Union and declare any part of it as an “Urban Area” The view I have taken is further fortified by the aforesaid decisi......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....firming the order dated 1-7-87 passed by the Senior Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senio......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....ersing the judgment and decree dated 31.10-1998 passed by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is th......suit by filing written statement and having denied all the allegations of the plaint contended, inter alia, that the suit as framed was not maintainable without a prayer for recovery of possession on payment of ad valorem Court fees. It is their defence case that one Jora Gazi, their predecessor, wa......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....petitioner, submits that the learned Courts below evidently erred in law in dismissing the suit without admitting and considering the evidence of any of the eight witnesses examined by the contending parties and on misconstruction of CS Khatian Ext. 1 and 1(a) and the same has resulted in error in t......terial allegations of the plaint and contended, inter alia, that the suit property was the secular property of Suresh Chandra Roy and he abandoned the case property without making any arrangement for payment of rent following which the Government took over possession of the suit property as an aband......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......urpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made through bank cheque and the cheque given by accused was dishonoured. Ultimatel......406 of the Penal Code. One Md. Hasan lodged FIR with the Sutrapur Police Station against the petitioners on the accusations, inter alia, that the accused-petitioners in collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave ..Category: Criminal Law | Date: | Hits: 83
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.... Judgment Md. Sirajul Islam J.- This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to show cause as to why the order dated 19.11.92 passed by the District Judge, Habigan......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....ot smuggled goods and the plaintiff acquired these on the basis of local purchases and that all the duties in respect of the aforesaid 1345 bundles of coir string of which the seized 958 bundles is a part were duly paid up." 8. In arriving at the aforesaid conclusions Court below relied on large ...... and 475 bundles from Nabi Hossain on 25.11.54 Ext. 21 (h); that the aforesaid 8 persons imported 420 bundles without import permit in contravention of import restriction and got the same released on payment of penalty, etc, as per order dated 10.3.54 Ext. 4(a), that Maliram Agarwalla imported 450 b......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....istant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite parties contested the suit by filing written statement denying all the material allegations of the p......he Taka 2500.00 to the respondents, which was never sought for. In the last sentence of the impugned order, the learned District Judge permitted the appellants to file the suit afresh on condition of payment of cost to the respondents. This portion of the order appears to be inconsistent with the or......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....l Haque J Md. Hassan Ameen J Rana Madbar and others…………….Appellants Vs. State……………..Respondents Judgment July 6, 1999. Result: The appeal is allowed in part. Cases Referred to- Ahmed Ali Vs. Haji Abdur Rashid, 1991 BLD 11; Moti Mia Vs. State, 44 ......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....recorded under section 161 of the Code of Criminal Procedure, seizure list, sketch map, index, etc. If he has no opportunity to go through those important papers, naturally it was not possible on his part to defend the absconding accused properly. It is interesting to note that P.Ws.4, 5 and 6 who c......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....il Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8 as plaintiff instituted Title Suit No.52 of 1986 under section 14 of the Arbitration A......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....ence did not adduce any evidence on their behalf. 6. The defence case, as could be gathered from the trend of cross-examination, is total denial and their inter alia case is that they did not take part in the occurrence as alleged, but police obtained their confessional statements out of physical......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......cheduled. By the order of stay further re-schedulement of the loan has been stayed, but the earlier order of re-schedulement was kept alive and, as such, there was no obstacle or obstruction to the repayment of the loan by the said borrower as per the re-schedulement of the loan allowed on 30-8-1998......ly Independent. We find that the following comment has been made regarding the order of stay pass by this Court in that Rule. “As a result of this order Beximco will be obstructed from repaying its loan to IFIC for now.” We have also gone through the news item published in the front page of the ..Category: Criminal Law | Date: | Hits: 69
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....rofit and loss account and the director’s report were not approved in a validly called board meeting due to non-service of notice of such board meeting on the objector as a director of the company, particularly when the objector attended those annual general meetings but failed to raise any object......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...Category: Company Law | Date: | Hits: 186
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....illegal and not binding upon him with a further prayer for specific performance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned authorities for two pl......ce was not justified, rather, was without any reason, that the reasons given by the defendant for canceling the tender was not correct since the plaintiff in exercise of his constitutional rights, on payment according to the market price, performed his part of the terms and conditions of the tender.......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
....r section 234 (1) (kha) of the Labour Act, 2006 which provides that within 9(nine) months of completion of a year a sum amounting to 5% of the net profit of a company shall be credited to the workers participatory fund and workers benefit fund in the proportion of 80:20. The writ-petitioner-responde......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....sif on detailed discussion of the evidence on record dismissed the suit as being barred by limitation. The learned trial Court also found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he failed to......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
.... commit any illegality in holding that annulments and benefits of the workers at the previous rates will continue till new settlement is arrived at mutually on fresh terms and conditions and for that parties may negotiate on the basis of charter of demands already submitted by the respondent No.2 to......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...Category: Labour and Industrial Law | Date: | Hits: 168
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....stated that the case plot measures 1.25 acre of land of which he took settlement for 96 decimals of land and he possessed the same. 12. P.W.2 Jazem Jamader stated in his evidence that he knows the parties and the case land. He also stated that complainant Kasem Ali Bepari took settlement of the c......the Government in plot No. 364 under khatian No.486 of mouza 85 Bara Kabajkhil is settlement Case No. XII-17 RA186-87/XII-M-133/86-87 and since 2-5-87 they have been owning and possessing the same on payment of rent to the Government Acquired Estate. It was further alleged that the case land has rig......d and dishonestly cut and took away the ripe Gabura paddy from the case land causing a loss of Taka 5,500.00 to him. The accused persons also caused damage to his unripe Nyatpasha paddy causing him a loan of Taka 3000.00 and hence the case. 3. On the aforesaid allegations the accused petitioners ..Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
.... Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why judgment and order of acquittal dated 21-7-91 passed by the Addition......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
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