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Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 f......njunction, whether it should be passed under Order XXXIX rule 1 or 2 or in exercise of tile inherent jurisdiction of the Court under section 151 of the Code, the Supreme Court hold that either of the provisions may be applicable, depending on the facts and circumstances of each case. The learned Jud..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
.... from disturbing the possession of appellant i.e. the present petitioner. The second part consists of a direction to accept monthly rent from her. The first part is prohibitory and the second part is mandatory in nature. It is now well settled that mandatory injunction in temporary form can be issue......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......le to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that in view of the provisions of sections 86 and 133 of the Co-operative Society Ordinance, 1984 the suit is barred und..Category: Civil Law | Date: | Hits: 70
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......r Court that there is no dispute as to the fulfilment of the other conditions regarding number of workers, paid up capital, value of the fixed assets of the petitioner Company in order to attract the provisions of the aforesaid Act and, as such, found that the petitioner company comes within the def..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......97 and 498 of the Code of Criminal Procedure. The submission made by the learned Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before..Category: Criminal Law | Date: | Hits: 50
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
...... before the Appellate Tribunal failed and the order of the Deputy Commissioner was affirmed.
7. Mr. AKM Shafiuddin, learned Advocate for the petitioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the notice to sho..
Category: Fiscal/Taxation Law | Date: | Hits: 63
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......te authority, second appellate authority cannot set aside such admission in the absence of definite finding that the discretion by the appellate authority was exercised either in violation of certain provisions of law or callously or arbitrarily. 17. For the reasons stated, there is no escape..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......্ত বিক্রয়কে সাত বৎসর মেয়াদি খাইখালাশী বন্ধক হিসেবে ঘোষণা করিবে।" 14. From the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 a..Category: Property Law | Date: | Hits: 34
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......it Petition No. 4345 of 2004.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Amirul Islam calling upon the respondents to show cause as to why the provisions in the Police Officers (Special Provisions) Ordinance as in (Annexure-'L') should not be ..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Government or not. In this connection, he relies upon the decisions reported in 3 BLC (AD) 42 and 48 DLR (AD) 10. The learned Deputy Attorney-General further submits that the service of notice is not mandatory even if the property is listed as an abandoned property provided the Government does not w......e house in question at any point of time, It is further stated that the Government promulgated the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) making provisions for publishing a list of the abandoned buildings and the petitioner, to her utter surpris..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....t be disbelieved, 9. The petitioners were not served with a notice for surrendering the property before inclusion in the 'Kha' list of abandoned property and thereby it did not comply with the mandatory provision under Ordinance No. 54 of 1985. 10. The petitioners have annexed the deat......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......ee bank, (iv) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of receipt of the notice. As per provisions of sections 177, 178, 179 and 180 of the Code of Criminal Procedure if the aforesaid five..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......aw, and that the Magistrate also did not make a memorandum after recording the confession. In the facts of the given case, a Division Bench of this Court held that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure was not a mere matter of form but one..Category: Criminal Law | Date: | Hits: 38
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......465.00 for concealment of income under section 128 of the Ordinance, that is, two and half times of the reassessed income. 14. To understand the purport of impugned orders, we need to read certain provisions of the Ordinance. Section 93 of the Ordinance empowers the Deputy Commissioner of Taxes t..Category: Fiscal/Taxation Law | Date: | Hits: 69
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......f the ACC Act, 2004 or rule 15(ঘ) (5) of the Emergency Power Rules, 2007 asking her to submit statement of her property, movable and immovable. In the absence of any order or notice under aforesaid provisions of law, lodging of first information report against her must be held to be unwarranted,..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......of the disqualification clause under Article 66(2)(c) of the Constitution it is advisable to refer to Article 66 of the Constitution, which reads as under: “66. (1) A person shall subject to the provisions of clause (2), be qualified to be elected as, and to be, a member of Parliament if he is ..Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....amining the doctor who held the post the postmortem examination on the dead body of each victim. The post mortem report he has been admitted into evidence in to evidence in utter violation of the mandatory provision contained in section 509(A) Cr.P.C. It is a new section. Its provision is in t...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......ladesh in 1971. It is the case of the respondent that as the petitioner was a Pakistani citizen at the relevant time and was away from Bangladesh, the disputed property came within the purview of the provisions of the President's Order No. 16 of 1972. The disputed property was legally declared and..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......f the learned Advocates for a number of days together in great details, perused the document namely the letter of credit, the indent, bill of exchange, declaration etc. and also examined the relevant provisions of law as referred to by the learned Advocates and the large number of cases cited at the..Category: Business or Commercial Law | Date: | Hits: 209
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....pposite party, on the other hand, strenuously argued that in the instant case the provision of section 10 of the Code of Civil Procedure is attracted and the provision of section 10 of the Code being mandatory this Court will not exercise its jurisdiction under section 115(1) of the Code of Civil Pr......le submitted first, that the matter in issue in Title Suit No.287 of 1986 is not in the plaint of Title Suit No.108 of 1986 in issue and as such the impugned order is not calked for in as much as the provisions of section 10 of the Code of Civil procedure is not attracted in this case and the learne..Category: Civil Law | Date: | Hits: 88
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