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Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......xpenditure (Annexure-2). 15. Admittedly the Agrani Bank Limited was earlier a nationalised Government bank under P.O. 26 of 1972 but of late, it was incorporated as a banking corporation under the provisions of the Companies Act, 1994. Since its entire shares are held by the Government, we are of..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......self found that there was neglect and laches of the defendants in prosecuting the matter, it ought not have exercised the inherent powers in setting aside the ex parte decree overriding the express provisions that there must be sufficient ground for believing that the defendants were prevented by ..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....so submits that the trial Court below on assessment of the entire evidences on record rightly allowed the pre-emption suit under Mohammedan Law on the findings that the plaintiff after fulfilling the mandatory requirements under Mohammedan Law instituted the suit for pre-emption and the pre-emptee-o......n 7.7.87 but the Court of appeal below abruptly without applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did not perform Taleb-i-ishat as per provisions of Mohammedan Law which caused failure of justice. 8. Mr. Khalequzzaman, also submits..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......ned session judgment allowed the revision and directed the learned Additional District Magistrate to send the record to the Senior Special Tribunal for taking cognizance against the accused under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Being aggrieved by that order..Category: Criminal Law | Date: | Hits: 29
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....b Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory injunction has got no market va......njunction. (e)………………………. (f)………………………. according to the amount at which the relief sought is valued in the plaint or memorandum of appeal (Subject to the provisions of section 8C). In all such suits the plaintiff shall state the amount at which he values..Category: Civil Law | Date: | Hits: 159
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......nt relating to the carriage of goods in ship." 12. As the Admiralty jurisdiction of this Division is exercised by virtue of Admiralty Courts Act, 1861 read with Colonial Courts Act (India) 1891, provisions of section 6 of Admiralty Court Act, 1861 is the relevant law so far as it relates to the..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......the added Respondent Nos. 5-15. 9. Thus the controversy between the parties mainly rests upon the interpretation of the provision of section 4(3) of the Upazila Ordinance and the other related provisions of the Union Parishad Ordinance, to find out the true meaning of the words "the Chairma..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......withdrawal of any rent from the Controller by the landlord shall not in any way be used as an evidence that he has waived any notice to quit given by him to the tenant.
11. From a reading of these provisions along with the decided cases it appears that it has been consistently held by our court..
Category: Property Law | Date: | Hits: 28
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ithout issuing notice to the parties concerned and thereby canceling the earlier record of right of the plaintiff is clear violation of the provision of the State Acquisition and Tenancy Act. It is mandatory to notify all other co-sharers before passing order of Subdivision under Section 117(c) ......s acquired of the same property from the same vendor by two registered Saf Kabalas both dated 21.01.1990 (Exhibit No. B (4) and B (5) respectively." 12. The High Court Division considering the provisions of Section 48 of the Transfer of Property Act observed that: "it is clear that the ear..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906....... the respondent No.7 was also duly approved by the DIT in 1970. But the Additional Deputy Commissioner (Rev), by an order dated 23.10.1976, forfeited the suit-land and the adjoining market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legality of the said Order dated 23..Category: Property Law | Date: | Hits: 33
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......different newspapers whereby also they have misinterpreted the facts and thereby committed act of contempt upon this Court and the Appellate Division. The learned Advocate, referring to the different provisions of the constitution of the federation, submits that the Election Commissioners, namely, t..Category: Civil Law | Date: | Hits: 70
....arned Counsel for the parties, as also the learned Counsel who assisted the Court as amicus curiae were unanimous in submitting that the consultatory process envisaged in the above noted provision is mandatory and valid appointment of a Judge or his confirmation cannot be made without resorting to c......icle 95(1) of the Constitution by the judgment of a Division Bench of this Division in the Fifth Amendment Case, Bangladesh Italian Marble Works Ltd. vs. Bangladesh: 2006 LG 175now the constitutional provisions regarding the appointment of Judges of the Supreme Court is Article 95 of the original Co..
Category: Constitutional Law | Date: | Hits: 252
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......iscussion it is revealed that these appellants are in possession of the holding. But the Government has declared the property as abandoned putting it in 'Ka' list illegally without complying with the provisions of the P.O. 16 of 1972 read with the provision of the Bangladesh Abandoned Building (Supp..
Category: Property Law | Date: | Hits: 41
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....rd at the average value of highest and lowest price but in the instant case the respondents assessed the award at the lowest rate without following average price which is the clear violation of the mandatory provisions of section 8(1) (a), the Acquisition and Requisition of Immovable Property Or...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811...Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......Courts below is well founded in appointing the mother as guardian of the minor even after her second marriage to a stranger. In order to appreciate the rival contentions, we should first consider the provisions of law, which govern the issue. 11. First, it must be remembered that both the applica..Category: Family Law | Date: | Hits: 179
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.........” (emphasis supplied). These introductory words has recognised that the exercise of the powers under section 107 might be subjected to conditions and limitations, prescribed under some other provisions of law. The word “prescribed”, underlined above, is to be noted. Section 2(16) of the..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......ording to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of cognizance was in violation of the provisions of section 138 of the above Act. 3. Mr. Ziaul Karim, who appeared on behalf of the com..Category: Criminal Law | Date: | Hits: 28
....d liable and responsible to pay the money to be assessed by defendant No. 1 in different adjudication orders on the basis of Import General Manifest as submitted by them; and also
CIV a decree of mandatory injunction directing defendant Nos. 2 and 3 to pay the penalty and other amount as assesse......ission on the point of a legal position is not binding upon any person and withdrawal of such an admission is not likely to prejudice anybody."
25. After reading the above authorities, we read the provisions of Order VI rule 17 of Code. The rule 17 empowers the Court at any stage of the proceedin..
Category: Procedural Law | Date: | Hits: 60
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......The relevant portion of the judgment of the said case is as follows:
“Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down tha..
Category: Civil Law | Date: | Hits: 76
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