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Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
.... For the Petitioner. SK Sinha with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. Judgment KM Hasan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc.......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....f Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title an......ur Rouf, Sultan Ahmed and Mofizul Islam by registered sale deeds who entered into an agreement with the defendant for sale of 0.05 acres of plot No.110 recorded as SA Plot No.1 and on receipt of part payment of the consideration money handed over physical possession in January, 1968 and since then d......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
.... Judge) Daudkandi Upazila praying for declarations, inter alia, that the election of the returned candidate was void and that he himself had been duly elected. 3. In his election petition opposite party No.1 alleged that as many as 6 pulling stations were originally fixed at Barakata High School,......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....on a day when the Court is in a position to examine them. As soon as the witnesses appear on receipt of the summons they should be examined. No adjournment on any flimsy ground at the instance of any party should be allowed to inconvenience witnesses. After the amendment of the Code of Criminal Proc......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the Reference Application the respondent/opposite party sent a notice to the assessee demanding payment of tax amounting to Tk. 2,43,51,853.00. This a...... of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the Reference Application the respondent/opposite party sent a notice to the assessee demanding payment of tax amounting to Tk. 2,43,51,853.00. This amount is said to be a disputed one with regard...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....spectively passed by the Munsif, 1st Court, Kushtia in Title Suit No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract ......f only. Plaintiff No. 1 as PW 1 deposed that he sold the suit land on behalf of the minor son and that there was an oral agreement to the effect that, the land would be reconveyed within 7 years on repayment of the consideration money. He further deposed that a salish took place in their local Union......d in the 1st Court of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was su..Category: Property Law | Date: | Hits: 74
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... Not represented ‑ the Opposite Parties. Civil Revision No. 805 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the petitioners calling upon the opposite parties No. 1 to 4 to show cause as to why the Order No. 47 dated 20.9.86 passed by the learned Muns......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....on) Rules, hereinafter referred to as the Rules. 2. It arises out in the following circumstances; during the last election of the Union Parishads the petitioner Md. Abdul Kader along with opposite party No. 1 Md. Abdul Rafi and 6 others contested for the office of Chairman of Nakai Union Parishad......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... the balance amount of Tk. 300/‑, but those defendants on 15th Baisakh, 1381 BS corresponding to 29.4.74 refused to perform that contract. 3. Only the defendant No. 1 who is the present opposite party No. 1 contested the suit by filing written statement denying their execution of bainapatra and......d against the defendant No. 1. 7. On the appeal taken by the defendant No. 1 the Appellate Court below has reversed the decree and dismissed the suit holding that the plaintiff could not prove the payment of consideration money in part as per alleged contract and the same was bad for defect of pa......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... General submits that when there are allegations in the above mentioned two cases against the petitioner, regarding mishandling of the property of the Upazila Parishad it is quite reasonable on the part of the Government in the formation of its opinion that if he is allowed to exercise his authori......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... lease from Syed Anwar Noor who happens to be one of the co‑sharers of the petitioner and was also Administrator of the estate called Noor Estate to which the disputed building in question formed a part. 6. Mr. M I Farooqui, the learned Advocate appearing on behalf of the petitioner, has first ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....Opposite Party No. 2. Criminal Revision No. 20 of 089. Judgment Kazi Ebadul Hoque J.- In the case Rule was issued on 29.5.89 upon the Deputy Commissioner, Chittagong and complainant opposite party No. 1 to show cause why the proceeding of Criminal Case No. 97 of 1988 pending in‑ the Court......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137...Category: Criminal Law | Date: | Hits: 69
....ed by respondent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful auth......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ced amount of loss showing of Tk. 6,000/‑ in petition of complaint. 7. In the petition of complaint the delay has been explained and it was stated that there was a talk of compromise between the parties and as the same failed the delay was caused in filing the complaint. It appears from the jud......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....n application under Order 39 rule 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....lam, Subordinate Judge, 1st Court, Comilla dismissing the Title Appeal No. 175 of 1976, preferred by the petitioner and allowing the Title Appeal No. 20 of 1977, preferred by the defendant‑opposite party Bank and thereby reversing the judgment and decree dated 27.8.76 passed by Mr. MM Ruhul Amin, ......find any substance in this Rule and same is accordingly discharged. The plaintiff is, however, entitled to get back her money from the defendant bank with interest at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to cost...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
.... Title Appeal No. 133 of 1993 affirming those of dated 29.9.83 passed by the Munsif, First Court, Kushtia in Title Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with......ng opportunity of the plaintiff's father's absence, the defendant took key from the minor plaintiff and took possession giving Tk. 450/‑ as six months' advance rent. The defendants are irregular in payment of rent and they became defaulters. The suit premises is required for plaintiffs own busines......ty was not for the purpose of assuring the payment of rent but as security for keeping the premises in good order. On the other hand, the defendants in their written statement mentioned the amount as loan taken by the plaintiff from the defendants at the time of making construction of structures in ..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....CC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and SCC Judge, Dhaka. 3. The petitioner's case in short is that he is a monthly tenant under the landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesaid two suits for eject......onthly tenant under the landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesaid two suits for ejectment of the petitioner on the ground of default in the payment of rent and also for bona fide requirement. It is the further case of the petitioner that wh......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... order dated 22-7-2008 passed by the High Court Division in Writ Petition No.5085 of 2008). Judgment Surendra Kumer Sinha J. - This appeal by leave at the instance of auction purchaser, a third party, in directed against the judgment and order dated 22nd July. 2008 of a Division Bench of the......ed counsel for the judgment-debtor that the judgment debtor was agreeable to pay the decreetal amount with interest. The judgment-debtor did not file any such application in the executing court for payment of the decreetal amount nor did he approach the decree-holder to pay the decreetal amount by......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tourist Information Assistant in the Department of Tourism of the Government of erstwhile Pakistan and the said post was renamed as Assista...... The impugned order (Annexure‑A) 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: 45 DLR (HCD) (1993) 112....... The impugned order (Annexure‑A) 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: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
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