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MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......turned to the plaintiff under section 23 of the Small Cause Courts Act as it involves the determination of the question of title, but the learned Small Causes Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a r..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
...., which amended section 64 of the Ordinance with the view to put a check on frivolous prosecution by the Trade Union against the employer. The Ordinance, as it appears from the said amendment, by the amending Act of 1980, cast upon the Director of Labour a duty to enquire into the allegations of the......tion of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. ..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... allotment to those persons directly which was illegal. It was further alleged that no transfer could be made without construction on the land but in this case the impediment was overcome by RAJUK by amending paragraph 20 of the Standard Lease Deed on 17.10.89. It was alleged that these allotments w......ds of justice. 18. We have gone through the facts and circumstances of the case as it appears from the FIR, charge sheet and other documents collected by the police during investigation and the law involved therein and we do not feel inclined to embark upon the discussion on the facts of the c..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......uch and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Peti..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516....... complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petitioner by a Registered Kabala Namah on 16.12.74 and out of the lawful wedlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitio..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge 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: 41 DLR (HCD) (1989) 513.......ini was delivered lo the plaintiffs at Barisal........... Section 32 of the Arbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the ..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......y different because the preliminary decree therein has to be passed under Order XXXIV Rule 7 CPC which is substantially in the same terms as in Rule 2. The High Court Division was not well-founded in law in not being persuaded with the decisions cited in AIR 1953 (Bom) 445 and AIR 1958 (Rajasthan) 1..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ...... has himself having admitted in his cross-examination that he did not try to find out tri-junction pillar, he did not survey the suit plot in 16 annas, etc., the trial Court has committed an error of law in accepting the report of the commissioner which has seriously prejudiced the defendant-petitio..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......the Respondents. Reference Application Nos. 68-75 of 1984. Judgment Mahmudul Amin Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order pa..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......ther relevant document relating to the property shall be deemed to be a contravention of the provisions of this Order for the purpose of this Article.” 13. It appears from the above provision of law that Government is a necessary party in a suit for specific performance of contract. It appears ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......espondents to show cause as to why the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......n application by a plaintiff for an order to set aside a dismissal for default of his appearance is 30 days from the date of dismissal of the suit and the learned Munsif has committed an error of law in his decision in allowing the application without any consideration of the objection that the ..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......able to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Section 18 of the Limitation Act, 1908 none of these provisions of law are applicable at all. The learned Subordinate Judge held that the judgment-debtor or the pers..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ent to mitigate the sufferings of the survivors of the family. It is suggested the Government to bring the wrong doers to Court, either by assisting the survivors in their effort to approach the law of Government on behalf the survivors realize such compensation from the wrong doers which may a..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......the sanctioned letter. Plaintiffs for repayment of the loan requested defendant at first verbally, thereafter by personal connection, later on, by Registered Post and lastly by issuing notice through lawyer but defendant did not pay any heed. Since defendants did not repay the loan, the representati..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......me of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared to have been made without lawful authority and are of no legal effect.
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Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......ation-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by placing bank protecting embankment as required under the laws why further directions shall not be given upon them to initiate legal measures against the ille..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......dvocate for the petitioners, has submitted that the impugned order of the learned Munsif suffers from illegality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......in joint possession in the proceeding lands and in view of the aforesaid discussion. I do not consider that the impugned order should remain in force till a decision is made by a competent Court of law as held by the learned Magistrate. 11. For the reason stated above, I hold that the impugned ..Category: Criminal Law | Date: | Hits: 126
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