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Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....99, corresponding to 12th Aswin,1406 B.S., defendant No.2 executed and registered an agreement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of total consideration of Tk.16,50,000/-. It was stipulated between the parties that the deed of sale w......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..

Category: Civil Law | Date: | Hits: 186

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... 3. The respondent has become the owner and possessor of the case land by way of gift from his father Alhaj Sheikh Mohammad Noor and she had been residing abroad temporarily. During her temporary absence from Bangladesh, her residential house situated in Gulshan was declared abandoned property. ......eral, appearing on behalf of the appellants, submits that the writ petition on which Rule Nisi was issued was not maintainable because the questions raised there could not be addressed under the writ jurisdiction. He further submits that the writ petitioner raised all disputed questions of facts the..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ct the trap opera­tion only. But this provision of law being a special law like Anti-Corruption Commission Rule, 2007 or section 20 or 17 of the Anti-Corruption Commission Act, 2004 did not oust the jurisdiction of other law enforcing agencies. Further he submits that the occurrence took place on 2..

Category: Criminal Law | Date: | Hits: 111

Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)

....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..

Category: Procedural Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......e by fraudulent means. Rather, the petitioner made untrue statements in paragraph 7 of the writ petition about use of false address and has not come with clean hands to avail equitable relief in writ jurisdiction. Moreover, in writ jurisdic­tion it cannot be ascertained whether summons were duly up..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....or­der outpost in the District of Dinajpur on 1.1.86 at about 8 P.M. and caught red-handed 10 smugglers along with various smuggled goods amounting to Tk. 1,39,890/- and he found 7 Riflemen out of a total strength of 14 of the said outpost absent. The re­spondent No.3 sent a confidential report to......ector Commander did not get the petitioner on his arrival and when the petitioner came back to the outpost the Sector Commander was very angry with him. The petitioner begged his pardon for his short absence, but the Senior Commander was still angry with him. The Sector Commander left the border out...... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459...

Category: Others | Date: | Hits: 167

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..

Category: Property Law | Date: | Hits: 107

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....inst M/S Decent Oil Mills Ltd., B.S.C.I.C. Industrial Estate. Pabna and its 7 Directors for reali­sation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......ains in posses­sion after the determination of the lease and the less­or or his legal representative accepts rent from lessee or otherwise assents to his continuing in possession, the lease, in the absence of an agreement to the con­trary would be renewed from year to year or from month to month,......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132......., declared to be a municipality under this Ordinance: (33) "Pourashava" means a Pourashava con­stituted under this Ordinance by whatever name called; (45) "Urban area" means an area within the jurisdiction of a Pourashava or Cantonment Board, and includes any other area which is de­clared to..

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ......lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ...... the liability of the insurance companies under the relevant insurance policies. The Arbitrator's mandate was only to determine the quantum of loss or damage and quite clearly he travelled beyond his jurisdiction. 25. Mr. Syed Ishtiaq Ahmed has referred to the case of Jureidini Vs. National Briti..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....der. 11. This flight from evidence to imagination leaves the Court to guess or infer as to the likelihood of the complicity of the accused with the offence of murder. Whether the impact of the sum total evi­dence of the prosecution triggers off a high degree of probability that the accused alone......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......shad, Rangpur. 8. Mr. M. Taleb Ali, the learned Advocate ap­pearing for the petitioner, argues that the order plac­ing the petitioner under suspension from the office of the Chairman is without jurisdiction and has been made without any lawful authority and in an unlaw­ful manner. The learned..

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......ng for the ac­quitted accused Jalaluddin vehemently argued the le­gality of the suo motu Rule as issued by this Court. Dr. Rafiqur Rahman submits that suo motu Rule as issued is illegal and without jurisdiction as in the face of the acquittal order the same cannot be issued in exercise of the revi..

Category: Criminal Law | Date: | Hits: 101

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

....ow that the elector was aware of the legal result that such a fact entailed disqualification. Votes given without such no­tice are good. If after deducting the votes given after such notice from the total number of votes given for the disqualified candidate he remains in a majority, the minority ca...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..

Category: Election Law | Date: | Hits: 187

National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)

....d Company before its incorporation. Secondly, he submits that the plaintiff-opposite party neither alleges himself to be a shareholder nor a Director of the defendant-petitioner-Bank. As such he is a total stranger as far as the defendant-Bank is concerned and, therefore, he has no, cause of action ......atter. Therefore, we do not find any ground for interference. In the result, the Rule is dis­charged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......atter. Therefore, we do not find any ground for interference. In the result, the Rule is dis­charged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...

Category: Business or Commercial Law | Date: | Hits: 282