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....issued without 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: 51 DLR (1999) (HCD) 339.
......issued without 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: 51 DLR (1999) (HCD) 339.
......issued without 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: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......tor either mutually by the parties to the agreement or by the Court and secondly a duty is cast upon the arbitrator to initiate the arbitration proceeding within the time as agreed upon or in the absence of any provisions to the contrary the arbitration must be completed within four months as ......id not take any steps to complete the arbitration before the prescribed time and on 12-8-1996 he served notice upon the parties to submit their papers in support of their claim and this assumption of jurisdiction, according to Mr. Rais Uddin is absolutely illegal and contrary to the provision of law..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......nce with the case set out in the First Information Report about gunshot injuries on the head and waist of the victim. Besides this discrepancy the First Information Report story is also belied by the absence of any gunshot injury in the post mortem report and the evidence of the investigating office......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......as is likely to cause death whereas in the latter case that is likely to endanger life. Further, offence of culpable homicide supposes an intention or knowledge of likelihood of causing death. In the absence of such intention or knowledge the offence committed may be grievous hurt notwithstanding de......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....pt granted in favour of the petitioner are marked as Annexure-C and C1. 4. In Land Acquisition Case No.15 of 1919-20 an area of 0.089 acre was acquired from southern side of CS plot No.1009 out of total area 0.60 acre for the then Agricultural Institute and the institute is in possession of the s...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......Ali Vs. Md. Akuali PLD 1957 Dhaka 603 it has been held that. “From the aforesaid rule (Order XXI, rule 29) it is apparent that the Court which passed a decree after a suit is filed has got ample jurisdiction to stay the execution of the decree till the disposal of the suit between the decree ho..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....essor-in-interest of the defendant-opposite party Nos.1 to 4 entered into an agreement of sale dated 20-3-1974 in respect of the suit land and on receipt of Taka 7,500.00 by way of advance out of the total consideration money of Taka 8,000.00 inducted the petitioner into possession. But the said pre......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
....roperty except where the mortgage is the movement or a local authority or a schedule Bank or a statutory Corporation or a Co-operative Society; or
(c) for partition of immovable property where the total area of the property involved exceeds one hundred standard bighas.”
7. Mr. Farooqui has r......pplication on 19th July, 1923, for adding his brother as pro-forma defendant. The suit was dismissed by the trial Court on the ground that the plaintiff is not competent to maintain the action in the absence of his brother, who was necessary party, and that when, on this defect having been pointed o......mance would involve some hardship on the defendant, which he did not foresee, without involving any hardship on the plaintiff.
14. Section 22 of the Specific Relief Act reads as follows:
“The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant su..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......aration of their title in the suit land and the same was valued at Taka 10,500/- only. At the time of the institution of the suit, the Court of the learned Munsifs, now Assistant Judges had pecuniary jurisdiction to the extent of Taka 6,000/- and 10,000/- only, but during the pendency of the suit th..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......e Election Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absence of any order of stay from this Court, went ahead with the aforesaid proceeding and by an o......ficial Gazette on the 29th May 1988. The Commission could not have entertained the application of respondent No.4 and could not have passed any order on 18.6.88 (Annexure B) and it also acted without jurisdiction in entertaining the application of respondent No.4 dated 17.7.88. Consequently the or..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......have come against the appellate authority's order dated 13.1.88 before the election was held, but he participated in it and after being defeated waited for nearly 2 months and then invoked this jurisdiction and obtained a Rule in the month of April. Having participated in the election he is ..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......ষে বিজ্ঞ কৌশলী আবেদন করিয়াছে। বিজ্ঞ আইনজীবী এবং GRO–কে শুনানো গেল। (Although in the absence of the Court sub-Inspector his clerk GRO cannot be heard by the Magistrate to represent the ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....few hours of the registration of the instrument and they held that the gift in question was made during marzul maut. So applying the principle in the instant case we may find that the plaintiff has totally failed to substantiate the disease and the starting point of such disease as Abdur Rahman ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
....e principle in the case of Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
9. I am, therefore, of the opinion that the judgment of the learned Subordinate Judge is totally unsatisfactory and the same suffers from various errors of law resulting in an error in th......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......ng a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The case of the plaintiff, in short, is that the suit l..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....of party they have given some good reasons as to why they were not substituted and why they could not file an application for addition of party within the prescribed time. But the learned Munsif is totally silent about the said application for addition of party. In the present case the main and ......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477........6.88 reviving the investigation of the case passed by the Additional District Magistrate, Mymensingh on the ground that an Additional District Magistrate not being the District Magistrate had no jurisdiction to revive the investigation of the case under section 167 (7A) Cr.P.C. The Sessions J..Category: Procedural Law | Date: | Hits: 113
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