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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. ......ule 31 of the Code of Civil Procedure inasmuch as that he has not adverted to any evidence adduced by the parties with regard to the knowledge of the pre-emptor opposite parties about the transfer in question. The learned Subordinate Judge while disposing of the question of knowledge of the preempto......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. ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......s allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties". The said provisions unmistakably lays down that am......rders of the Subordinate Judge, 1st Court, Dacca by which the plaintiff opposite party's petitions under Order 6 rule 13 of the Code of Civil Procedure for amendment of the plaints by adding some new facts and new parties were allowed. 2. Facts relevant for the purpose of disposal of these Rule..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......nuine transaction and was accepted by the plaintiffs and acted upon. The trial Court dismissed the suit. The Court of 1st Appeal upheld the Judgment and decree of the trial Court. In Second Appeal, a question was raised for the first time that the kabulyat was null and void being hit by the provisio......tion was not fraudulent and collusive and he had no reason to interfere with the said concurrent findings of fact but in the reported decision fraud was found. It, however, appears to us that the facts of the present case are hardly distinguishable from the facts of the reported decision except ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......tion of the election result in the official gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division having considered all the m..Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......e i.e. on 12.03.2002 Rupali Bank Limited, Dewan Bazer Branch, respondent No.4, filed an application to cancel the auction sale in respect of the property of schedule No.2 stating that the property in question was mortgaged with them earlier and they already obtained decree in Mortgage Suit Nos.79 an......peal No.202 of 2002 setting aside the order No.39 dated 23.04.2002 passed by the Joint District Judge and Artha Rin Adalat, First Court, Chittagong in Mortgage Execution Case No.32 of 1998. 2. The facts of the case, in short, are that Rupali Bank Limited of 34. Dilkusha Commercial Area, Motijheel..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......at the trial Court relied on the evidence of pre-emptor No.3 Abdur Rahman but Abdur Rahman, who deposed as P.W.1 in his evidence merely stated that he on the date of the registration of the kabala in question did put his signature as an attesting witness in another deed and that P.W Nos.1 and 2 prov......Adalat), Sylhet in Miscellaneous Appeal No.93 of 1996 reversing the judgment and order dated 14.09.1996 passed by the Assistant Judge, Biswanath, Sylhet in Miscellaneous Case No.37 of 1994. 2. The facts of the case in brief are that the respondent Nos.1-9 as petitioners filed the Miscellaneous Ca..Category: Property Law | Date: | Hits: 84
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398....... been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appointments of the respondent Nos. 3 and 4. 2. The facts of the case, in brief, is that in response to an advertisement published on 19-4-2000 by the B..Category: Employment/Service Law | Date: | Hits: 160
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and proper. 2. Short facts for disposal of the Rule are that the petitioner is an elected councilor of ward No. 9 and Pan..Category: Others | Date: | Hits: 136
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......and purport of the "Universal Self Assessment" under section 82BB of the Ordinance.
9. Mr. Khoshru also brought into our notice sub-section (4) of section 82BB where it has been maintained:
"No question as to the source of investigation made by a new assessee deriving income from business or p...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......sequently manipulated and illegally increased to 938 in order to accommodate the illegal appointees. After this was revealed in a subsequent investigation report dated 31.12.2009 the authorities were questioned and then Respondents filed a G.D. to protect themselves. On the other hand, the creation ...... writ-petitioner at the time of hearing of the writ petition. Since it came to light later the present petitioner begs to prefer this review petition to draw your Lordships’ kind attention to those facts.
19. In paragraph No.3 of the affidavit-in-opposition by Respondent No.2 reference has been..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ...... the other accused persons. Therefore, the other accused applicants cannot be tagged together with the commission of the crime. It is true that the prosecution has totally failed in bringing home the facts as to premeditation and concerted action and of the common intention of killing deceased Siraj..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......fique Ahmed, Advocate ‑ For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil Revision No.426 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule calls in question the propriety of order dated 21.1.96 passed by the 6th Additional District and Sessions Jud......ed in the principal litigation. As in my view it will invoke infringement on the right of the parties to get fair and final decision from the trial Court by adducing evidence. Regard being had to the facts and circumstances of the case for the purpose of a decision only in the matter of temporary in..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ...... of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective as contemplated in section 6(2)......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......jumdar appears to be correct in view of the findings of learned Subordinate Judge relating to the shares of the parties namely, the plaintiffs and defendant No.1. There is no dispute on the aforesaid question and no cross-objection his been filed by the contesting defendants challenging any of the......as wrong in non-suiting the plaintiffs upon a misconception of a decision in the case of Ajiruddin Vs. Rahman Fakir referred to by him Mr. Majumder contends that this case is distinguishable in the facts of the instant case. In the present case the plaintiffs are none but the daughters of Akram Al..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ...... (Lahore) 183. Lawyers Involved: Abu Taher Chowdhury - For the Petitioner. M. Fazul Karim - For the Opposite Party No.1. Civil Revision No.17 of 1980. Judgment Mustafa Kamal J.- The question involved in this Rule is whether the appellate Court below has the power to review its ow......available to the parties? 6. This question has been answered in the negative in at least two cases cited from the Bar. In the case of Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183, the facts are that a Guardian Judge ordered the return of a petition for appointment of a guardian of th..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... of the same Medical College pursuing their studies in different classes of the same academic session. The impugned order out of which all the writ petitions have arisen is the same and the common question of law being involved in all the writ petitions those were heard together and disposed of ......tions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the respective cases which have given rise to the Rules are, briefly, stated as follows: ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......ror in the decision occasioning failure of justice in passing the impugned orders under which the written statement was accepted and a date was fixed for framing issues inasmuch as in such a case the question of the defendant having to obtain leave from the Court within 10 days of the service of sum......f the legal implication involved, to hear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits a..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ing in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Seni..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......arty No.1. No one appears - For the Opposite Party Nos.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned addi...... 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 plaintiffs instituted Title Suit No.350 of 2003 in the second Court of J..Category: Civil Law | Date: | Hits: 111
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