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Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......42 of the Specific Relief Act and is maintainable. Further, he submits that neither in the written statements nor in the memo of appeal or in the revisional application, the petitioner has raised the question of section 42 of the Specific Relief Act and, as such, the petitioner is not entitled to ra..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
.... realisation exceeds the amount of collection from the khas land. It has been further stated that out of 100 bigas of khas lands that were allotted to the trust Estate, local people did not surrender possession of about 25 bighas of lands to the Administrator General, Official Trustee and through Co...... 2. Facts leading to this application are that, late Rai Bihari Lai Maitra Bahadur, a resident of No.155, Lower Circular Road, Calcutta, West Bengal made a will on 5.7.1931 AD in respect of the khas lands of his Zamindary situated both in East Pakistan and West Bengal and appointed the Administrato......is also Reported in: 44 DLR (HCD) (1992) 268.......tant case, inspite of the nonce published in the newspapers inviting application for sale of the property and for objection against it none appeared to object. 8. In the instant case the pertinent question would be whether sale of properties which are trust properties can be directed by this Cour..Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......yard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 386.
5. Before we embark upon the discussion on the other contentions raised at the bar we would like to dispose of the question of maintainability of this rule first. Sub‑section (3) of section 8 of the Ordinance prov..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......s to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......e as follows certificates and the personal guarantee are also lying with the loan giving agencies. 20. Whether the respondent‑company has got the liability more than its assets or not is not the question, but the question is this, as to whether the company is unable to pay its debts. From the d..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......ed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......r the service Rules. On 3.10.87 the petitioner addressed a letter to the Director, Administration, referring to the said Memo dated 20.9.87. The petitioner stated in his letter that there could be no question of accepting his resignation conditionally. He further stated in his letter that after avai..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ration of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......conditions of his service, including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic or of any statutory public authority. 9. As the question of maintainability of this writ petition has been taken, let us first decide on this point ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......is Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......n of section 26 of the Local Government (Union Parishad) Ordinance, 1983 (shortly the Ordinance). He further submits that section 26 of the Ordinance provides that no such election shall be called in question except by an election petition under sub-section (2) of section 26. 7. Let us quote belo..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......e party Nos. 2-14 on the allegation contending, inter alia, that the SA recorded tenant Jogendra Nath died leaving his son Bikash Mondal from whom the pre-emptor and Babu Rama Saha purchased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to...... to- Serajul Mostafa Vs. Ali Ahmed Sikdar, 33 DLR 168; Munshi Md. Fazlul Haque Vs. Saleh Ahmed, 13 MLR (AD) 332; Md. Abdul Hoque Gazi Vs. Mohammad Shamsul Haque, 9 MLR 380 = 9 BLC 600; Shafique Uddin Ahmed Vs. Abdur Rashid, 7 BLC 255. Lawyers Involved: Bivash Chandra Biswas with HM Borhan, ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......ns this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......nterest against a debtor by financial institution like the plaintiff-bank exceeding 200% over the actual loan has been imposed only in respect of the suits filed after 1st May, 2004 and the suit in question having been filed long before the coming into force of the said section of the Ain, the app..Category: Civil Law | Date: | Hits: 138
....s that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit land to the defendant petitioners. On the same date a deed of agreement was t......nto by the plaintiff and defendant respondent petitioners Abdul Kader and Sk. Saizuddin.
3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21s......lier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......ce may be specifically enforced by the transferee. It is, therefore, not correct to say that the agreement to reconvey the suit land in the instant case was required to be registered.
14. The next question is whether an agreement which is not properly stamped can be specifically enforced or not. ..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....6.90 one of the accused witnessing them tried to run away who was then chased and caught by them and on search of his body 2 puria (packets) of heroin contained in a match box were recovered from his possession. On query he disclosed his name as Nurul Islam, son of Late Ramiz Uddin of 10‑B, 33 Mir......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......ollected in such manner as may be prescribed duties on excise on all excisable goods other than sale which are produced and manufactured in Bangladesh and duty on salt manufactured in, or imported by land into, any part of Bangladesh as and at the rates set forth in the First Schedule. Section 12A, ......mises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......Assistant Attorney General ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same ..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......6 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ms and conditions. For convenience of reference clause X of the contract agreement quoted hereunder:— "Clause-X: Settlement of Dispute. Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specification, designs, drawings and instruc..Category: Alternative Dispute Resolution | Date: | Hits: 334
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......onsidered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ilable, the aggrieved person has to resort to the statutory remedy. Resort to the High Court Division in matters relating to assessment, levy and collection of taxes and duties may be permitted where question of violation of fundamental right arises or where on undisputed facts, it is shown that the..Category: Fiscal/Taxation Law | Date: | Hits: 138
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge ......l Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for t..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....laintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the......of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the suit was renumbered as Title Suit No.5....... Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BL......h Abdullah, Advocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by the learned..Category: Property Law | Date: | Hits: 98
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......cle collided with the ambulance. In that matter a case was filed with Ramna Police Station and charge sheet was submitted in that case. The vehicle, which hit the ambulance climbed on the road side island and was damaged. But they, who boarded on the ambulance, were not injured. The dead body was al......fect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......in order to colour such homicidal death as suicidal one the dead body was hanged. Thus the prosecution could prove beyond all reasonable doubt that the offence of murder was committed. 48. Now the question is who committed murder of the deceased. Is he the accused? We have already found above tha..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
..... Thereafter a Bainapatra was executed in between the defendant No.1 and the plaintiff on 17-5-1994 upon payment of earnest money of Taka 20,000 to the defendant No.1 by the plaintiff and delivery of possession of the suit property to the plaintiff was made by the defendant No.1. It was stipulated i......@ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2,......s below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......, rightly or wrongly, the same would be immune from challenge later. Section 36 of the Stamp Act, 1899 provides as follows; Stamp Act; 1899: "Section: 36-Admission of instrument where not to be questioned- When an instrument has been admitted in evidence, such admission shall not, except as pr..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......he Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......pondent Nos. 3‑5, have promptly filed affidavit‑ in-opposition to such supplementary affidavit praying for recording that the Rule so issued earlier has become infructuous apart from raising some questions on maintainability. 4. All these questions and the writ petition shall now be disposed ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......it jurisdiction under Article 102 of the Constitution, more so when allegation of political consideration for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall not invoke ..Category: Employment/Service Law | Date: | Hits: 228
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