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Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......lear. The Special Tribunal can direct a police officer to make further investigation. When it passes such an order it is for the police to make such investigation. On the completion of its duty it is free to submit either a final report or a charge sheet and in discharging this statutory duty the po...... make such investigation. On the completion of its duty it is free to submit either a final report or a charge sheet and in discharging this statutory duty the police cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......ated in a building at 83 Kakrail Road. It also appears from the record that the present house was selected by the Divisional Commissioner and the Principal of the College and as such the D.C. was not free to apply his mind regarding the necessity of the requisition. If the D.C. was aware that the Co......ition notice Secondly, if is admitted in report of the A.D.C. that his office was not aware of the fact that the College of Music was already located in a building at 83 Kakrail Road. It also appears from the record that the present house was selected by the Divisional Commissioner and the Principal......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......h was rejected by the learned Munsif as not maintainable. It was observed by his Lordship Asir, J. “No authority has been placed before me to support the proposition that where a party was free to move this Court under section 115, Civil Procedure Code should be deemed to have preclu......ection against the application. It appears, that subsequently on 21. 8. 67 defendant filed a petition praying for amendment of his application for restoration by deleting section 151 C.P.C. from the heading of the application which was allowed by the Court and the defendant was directed to...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......er before it. So for as the evidence of the petitioner's witnesses are concerned, the unfairness of the Tribunal in not even considering their evidence is conspicuous arid can easily be perceived from the observations made, by the Tribunal. Before concluding the judgment the Tribunal observed ......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under a legal duty to the ultimate purchaser or consumer to take reasonable care so that the article is free from defect likely to cause injury to health. Lord Atkin with whom Lord Thankerton and Lord Mac...... on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately removed to D...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......s for running the industrial unit at the time of acquiring the ownership. The sale price and other terms and conditions of sale will be determined through negotiation. The Disinvestment Board will be free to reject any offer if, in its opinion, the Co-operative Society concerned lacks the financial ......e ownership of the industrial unit concerned by applying to the. Secretary, Disinvestment Board, Govt. of Bangladesh, 58, Dilkhusha C/A, Dacca. The applications should be accompanied by a certificate from the Registrar of the Cooperative Societies stating, inter alia, that the membership of the Soci......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ...... legislation it will be rewarding if the said Enforcement Order and the relevant portions of the Proclamation are recited here, which are as follows: “Proclamation of Independence, Whereas free elections were held in Bangladesh from 7th December, 1970 to 17th January, 1971 to elected repr......e with the declaration of independence made by Bangabandhu Sheikh Mujibur Rahman on the said day at Dacca, and confirmed by the Proclamation of Independence issued by the People's Representatives from Mujibnagar on the 10th of April, 1971, The new State having been born in the midst of a bloody ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......avoid this construction whenever possible.” The author at page 210 writes, "We now turn to a number of isolated illustrations of circumstances in which the Courts have felt themselves free to disregard the corporate entity. The first of these is where there is "fraud or improper...... 617; Smith Vs. Hancock, (1) 1894/2 Ch page 377 Lawyers Involved: Sultan Ahmed Deputy Attorney General—For the appellant Substitutes. No one—For the Respondent. Appeal from Original Decree No. 12 of 1965. Judgment K.M. Subhan J.—This appeal is by the ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......f some religious institutions of the said nature were in question, The contention was raised that the provisions of the Act and notifications in question were violative of the fundamental right as to freedom of religion as incorporated in 1956 Constitution of Pakistan. The enactment concerned was ma......ule 90 of the Code of Civil Procedure for setting aside the aforesaid auction sale on the grounds, inter alia, that he had been in possession of the disputed land on the basis of a purchase from the judgment-debtors made long before the decree in pursuance of which the sale had taken place......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......merits of the case, must be understood to have been made only for the purpose of disposal of this interlocutory matter and have nothing to do with the final decision with the suit. The trial Court is free to arrive at its own finding on the basis of the materials which may be made available to it at......t of Additional District Judge, Sylhet, whereby an order of the trial Court refusing to issue temporary injunction was reversed and an injunction was granted putporting to restrain the defendant from interfering with the plaintiff’s possession in a Tea Estate till disposal of the suit. Th......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
....ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
......assing through the said area/village. Such news has been published in the daily newspaper and the petitioner having felt that the fundamental right of the citizen to enjoy their right to religion and free movement are being infringed by such restriction imposed by a group of people as such applicati......r right to religion and free movement are being infringed by such restriction imposed by a group of people as such applications have been filed to the authority for reddres. Having received no action from the respondents pursuant to such applications, the petitioner filed this writ petition for redr......ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
..
Category: Property Law | Date: | Hits: 0
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......ba‑bil‑Ewaj deed dated 7.7.83 and since then defendant has been possessing the suit land. Plaintiff who died during the pendency of the suit transferred the suit land to defendant No.1 out of her free will. After the transfer of the suit land to defendant No.1 other sons and daughters of plainti......le the suit and the same is not maintainable. Plaintiff has got four sons and 2 daughters who have been living in separate mess. The defendant No.1 used to live with his grand father and grand mother from his childhood. Defendant No.1 used to respect plaintiff who voluntarily transferred the suit la......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......llowed to come out of the jail. On 28.1.77 another order was passed inside the jail gate. The argument of the learned Deputy Advocate General that when this impugned order was passed the detenu was a free man is not tenable because the whole affair was an idle ceremony. While the court said his dete......use he was incapable of acting prejudicially during the period of his detention. Secondly, it is argued that the respondents have arbitrarily detained the detenu and series of orders have been passed from time to time, namely, on 7. 3. 77 (Annex. B), on 11.4.77 (Annex C) and on 21.7.77 (Annex.X) In ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ication of the final publication of the compensation assessment roll”. The scheme of Act, therefore, is that whatever is not retainable vests in the Government by operation of law and that too free from all encumbrances. The High Court has therefore no right in holding that the interest of te......al, void and not binding upon the plaintiffs. Plaintiff filed an application under Order 39, rule 1 of the Code of Civil Procedure praying for an order of temporary injunction restraining the defdts. from dispossessing the plaintiffs from the suit land and from shifting the cattle market from its pl......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
.... 1860 bearing registration No.1457 (17) dated 18.2.1992 being represented by its Chief Executive. BELA has been active since 1992 as one of the organizations with expertise in the regulatory field of environment and ecology through its various sincere and devoted endeavors. It has protected public i...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
...... directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing through Goainghat and Companygonj Upazilas of Sylhet district from the use of mechanized excavators (Annexure-F) and why further directions should not be given up......spondent No.9 reveals that no environmental clearance was ever accorded in favour of the 50 excavator machines that are presently operating in the Jaflong stone quarry creating horrific noise and air pollution with loud noise, black smoke and dusts. The report of Respondent No.9 further reveals that..
Category: Environmental Law | Date: | Hits: 362
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......ly. 17. P.W.10, Constable Akram Mollah and P.W.11 Constable Md. Sharif Hossain escorted the dead body to the morgue. 18. P.W.12, M.A. Sabur, a local witness, deposed that he came to know that a free fight happened at the house of the informant. He went there and advised both the parties to kee......d accused numbering 25 (twenty five) including the appellants being armed with lathi, surki and dao tried to abduct Merejan Khatun alias Kutiburi, daughter of informant P.W.2. Shafayet Hossain Mollah from their home at village Bhander Khola. The informant along with his brother deceased Ali Akubber ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......tration Act. There is no hand of the seller or purchaser in the process of completion of registration. It is the domain of the registration authority to complete registration of a deed. The seller is free after execution and presentation of the deed for registration. It is a common practice that aft......d the case land to opposite party Nos.1 and 2 by's registered kabala dated 4.9.1979 (kabala executed on 21.5.1979). The pre-emptor became a co-sharer to the case jama on the basis of purchase of land from opposite party No.3 by kabala dated 30.5.1979. The further case of pre-emptee-opposite party No......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
.... J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Surendra Kumar Sinha J.- These appeals and civil petition involve public importance onthe environment and human rights, protection and preservation of environment, and the construction of ce......off), (g) and (h) under sub-section (4) of Section3.Clause(a) states that all interest of rent receivers in the estates, taluks, tenures, holdings or tenancies shall vest absolutely in the Government free from all encumbrances. The elimination of this sort of interests in relation to land in khas po...... which Civil Appeal No.256 of 2009 stating, inter alia, that the environment of Dhaka city is being continuously endangered and threatened by various unplanned and illegal activities originating both from private and public sectors causing irreparable harm to human beings. In 1997 RAJUK prepared a f......s in the said area. The Director General of this Directorate has been authorized to take steps for the conservation of environment, improvement of environmental standard and control and mitigation of pollution of environment and may give necessary directions to any person or organization to perform ..
Category: Environmental Law | Date: | Hits: 434
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......point, however, these powers involve interference with private rights and interests; and granting that private rights must often be sub-ordinated to the public good (my emphasis) it is essential in a free community to strike a just balance in the matter” (page 99). 54. Prof. Claire Palley, Prin...... formulate government policies and unlike the bureaucrats, they do not implement such policies. Nature of the Jobs the superior Judges perform are best reflected in the following passages, reproduced from the book, titled English Legal System “12th Edition, authored by Prof Garry Slapper & Dav......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......y error or fraud was committed in obtaining the contesting decree in the partition suit that may be brought on record by the defendants by producing all relevant evidence and the said Court will be free to decide the suit on merit." 19. So it is apparent from the record that the trial Court in ......e considered by the Court below very carefully. Referring the decision reported in 32 DLR (AD) 167 as well as 19 DLR (SC) 433 he submits that in the case of practice of fraud the limitation shall run from date of actual knowledge of such practice of fraud. He submits that the revisional Court ought ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
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