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Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504....... General has filed counter affidavit dated 10-5-2011. 9. Mr. Tabarak Hussain, the learned Advocate for the petitioner submits that the learned Additional District Judge upon gross misconception of law and facts disallowed the Civil Revision which resulted in an error occasioning failure of justic..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....and remove the unauthorized constructions made therein, for Khas possession in case the defendant after the decree, does not makeover the possession of the suit premises to the plaintiffs. 3. By amending the plaint it has been alleged that the defendant in violation of the terms of the agreemen......997 by the tenant, House Rent Case No.12 of 1997 was filed before the House Rent Controller for depositing the rent and since then the tenant had been depositing the rent regularly in accordance with law. The House Rent Controller by his order dated 17-1-2000 allowed the case of the defendant tenant..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......er affidavit reiterating the facts stated in the petition of complaint with further averments that the instant case is not maintainable and the grounds taken in the application are not sustainable in law. 7. By the impugned judgment and order, the High Court Division discharged the Rule and v..Category: Criminal Law | Date: | Hits: 90
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......he purpose of promulgation of the Act was for acquisition of property by the Housing Authority and to lease out the property to the distressed people for their rehabilitation. Referring to the case law of Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, reporte..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......ed in 14 BLC 66 wherein their Lordships have held as under: "Moreover, it appears that against 4 dishonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whethe..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......id down under Order XXI, rule 32(5) of the Code of Civil Procedure and the learned Additional District Judge without considering the said aspect upheld the said order and as such committed error of law in arriving its decision. He further submits that by filing application the judgment-debtors int..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......r advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has resulted in an error in the decision occasion..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......n the said case pre-emptees resisted the pre‑emption on the ground that the kabala by which the pre-emptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a sub-registry office which had ..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......bitrarily and malafide and that can be scrutinised by this court in its power under Article 102 of the Constitution.
17. Article 27 of the Bangladesh Constitution postulates equality before the law providing that all citizens are equal before law and are entitled to equal protection of law. W..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......ondent Nos.2 and 3 are the present directors of the Company. 3. Respondent No.2 is the husband of petitioner No.1 and father of the rest petitioners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......hall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into c..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the writ petitions ar..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......58 of the said Ordinance. Within 60 days from the date of receipt of the order of the Appellate Tribunal the assessee or the Commissioner of Taxes may refer to the High Court Division any question of law arising out of such order. Mr. Delwar Hossin submits that under section 153(3) of the said Ordin..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......the present Rule. 6. Mr. A. K. Chowdhury, the learned Advocate for the petitioners, submits that the order accepting Commissioners report is not appealable under Order 43, C.P.C or under any other law and the learned Subordinate Judge has therefore erred in rejecting the petitioners' application ..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
...... the order of appointment of the receiver was made arbitrarily without affording any opportunity of hearing to the original plaintiff and as such the orders of the Courts below are not sustainable in law.
5. Mr. Humayun Habibur Rasul, the learned Advocate appearing for the added defendant opposit..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......oint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respondent would have no alternative but to take shelter of the Court under the existing law. The seller appellants received the said notice on 6-8-2002 but did not comply with the same. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......sh. Article 108 of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The H..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......cretary, Ministry of Home Affairs, Government of Bangladesh on 25.3.92 purported to have been made under the Special Powers Act. 2. In the application, it has been stated that the detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one o..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......210 of 1981 for default will not create any bar to file this present Suit No.188 of 1982. The Munsif also found that in the present suit there is a new cam of action and the suit is not barred by any law. Rule 11 of Order 7 provides as follows: "11. The plaint shall be rejected in the followin..Category: Civil Law | Date: | Hits: 166
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