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....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.
...... does not contain any provision as regards issue of notice to a party. It is obvious that in many cases the object of the appointment of a receiver might well be nullified if notices were issued. The question that the Courts have to see in dealing with applications under Order 40, rule 1, is whether......r dated 23.08.1984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11.
2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the pe..
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. ......tire advance amount within 4-11-1999 and the balance consideration money within the next 12 months, by equal monthly installments to be paid by the 4th day of every month from 4-12-1999, there was no question of handing over possession of the property along with the original documents. However, ......e sole Arbitrator was in violation of the Arbitration Agreement dated 4-8-99. 4. Under such circumstances the learned District Judge, by his order No.37 dated 28-3-2006, upon discussing the entire facts and circumstances and considering the various provisions of law, including section 43(1)(ক)(..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....on Commission of Inquiry. In Pakistan it is known as the Commission of Inquiry Act, 1956. In India it is called Commission of Inquiry Act, 1952. The provisions of these Commission of Inquiry Acts are identical except section 10A of the Commission of Inquiry Act, 1952 of India (as amended in 1971). T...... the application had not yet been heard. In this case, though, the chance of any result and prejudice to a new trial was understandably regarded as extremely remote. No consideration was given to the question whether the application itself was pending since it was not suggested that this might have ......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...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.......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.......ubmits that the grounds being all vague, indefinite, unspecific, irrelevant and inadequate no effective representation could be made on such grounds. The grounds are also not relevant to the existent facts and circumstances of the case. It is further pointed out that the first phase of the grounds r..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. ......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. ......as issued calling upon the opposite party No.1 to show cause why the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in Title Suit No.188 of 1982, should not be set aside. 2. The facts of the case are, that Abdul Huq, opposite party No.1 as plaintiff, along with 3 others filed T..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ging it but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff‑appellants are not party to the deed Ext. A and as such are entitled to call in question the legality of registration of the sale deed Ext. A. The 1st appellate Court wrongly held ......n attempt to defend this action on the ground that Plaintiffs being a party to the deed were debarred from challenging it but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff‑appellants are not party to the deed Ext. A and as such are entitl..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......ul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment Abdul Hasib J.- This Rule calls in question the legality and propriety of the judgment and decision dated 4.2.90 in Election Tribunal A......nd that the Tribunal has got no jurisdiction to count the votes. In the Tribunal 6 witnesses on behalf of the petitioner and 7 witnesses on behalf of the opposite party were examined. Considering the facts, circumstances and evidence on record and on counting the votes of the two disputed centres me..Category: Election Law | Date: | Hits: 240
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......osite Parties. Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this judgment. 2. ......ates ‑For the Opposite Parties. Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this ..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... Abul Kalam Azad. These are all the evidences adduced by the night of prosecution in support of the prosecution case. The learned Sessions Judge, Manikganj upon considering the evidence on record, facts and circumstances found Abul Kalam Azad guilty of the offence under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 125
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......assed on 31.5.92. So the impugned pages, namely, 13 to 17 do not only contain the resolution dated 21.5.92, but the same also contain another resolution dated 31.5.92. In considering this matter, one question of law cropped up which the tribunal totally failed to consider. When a person is to be fou......, in favour of the complainant stating that the resolution dated 3.5.92 is not binding for all the learned Members of the Joypurhat Bar Association. He submits that there was no forgery at all in the facts and circumstances of the case as on the materials on record. 10. Mr. Akhtar Imam, the lear..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ...... cause as to why the impugned order dated 16.8.95 passed by the Sessions Judge, Dhaka, in Sessions Case No.256 of 1995 arising out of Panchlaish PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 121
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94....... registered as without registration of the deed of transfer of an immovable property above the prescribed consideration does not vest title in the purchaser and unless the transfer vest the title the question of reconveyance does not arise. That is why the expression "with an agreement to reconveyan......le the question of reconveyance does not arise. That is why the expression "with an agreement to reconveyance" is used in section 95A of the Act, otherwise the expression will have no meaning. On the facts of the impugned order it is found that the Member of the Land Appeal Board has come to a findi..
Category: Property Law | Date: | Hits: 95
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......sion and the Appellate Division that for inordinate delay a Writ Petition is liable to be rejected. This petition is not only not maintainable but as well suffers from inordinate delay in view of the facts that the Gazette Notification impugned is of November 14.11.1992 while the petition is present..Category: Constitutional Law | Date: | Hits: 247
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......h Criminal Revision No. 3670 of 1991. Judgment Kazi Ebadul Hoque J.- These two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......he Court". It appeared before the Court in time, took time repeatedly to file a written statement and upon its failure to do so, the Labour Court fixed 16.06.1985 as the date of ex-parte hearing. The question is, can the Court fix a case ex-parte hearing if the defendant fails to file the written st......o.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., ..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......il Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judgment
Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question a judgment and decree of the learned Munsif, First Court, Patuakhali passed in Title Suit N......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......n 23.01.1984 by Munsif, Bauphal Upazila in Misc. Case No.66/83 setting aside abatement order dated 24.05.1978 in T.S. No.270/69.) Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question the propriety of an order passed by the learned Munsif, Bauphal Upazila allowing an applica......rned Munsif only on 10.12.1977. The learned Munsif accepted the explanation as constituting sufficient cause and accordingly passed the impugned order. 7. There is no hard and fast rule as to what facts would constitute a sufficient cause. It depends on the facts and circumstances of individual c..Category: Civil Law | Date: | Hits: 121
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1....... If default is made as aforesaid, the Court may, on the application of any member of the Company, call or direct the calling of a general meeting of the company.”
6. Applying section 76 to the facts and circumstances of the present case the Registrar draws the following conclusions:-
a) Th..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......ules 3 and 4 of the Bangladesh Biman Employees (Pension and Gratuity) Rules, 1988, is that an employee irrespective of sex has the right to remain service till expiry of the age, of 57 years. Now the question is whether in view of amendment of Regulation No.1 made in 1984 the right of the petitioner...... should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constitution. 2. The Rule arises out of the following facts: The petitioner, Dalia Parveen on September 3, 1981 joined the Bangladesh Biman Corporation, h..Category: Employment/Service Law | Date: | Hits: 361
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