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Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......lief Act, the Court has therefore, no power to pass a decree for removal or demolition of structures. 7. The view which I have taken finds support from a decision of the Calcutta High Court in the case of Sana Mia and another Vs. Prokash Chandra Bhattacharjya and others, AIR 1940 Cal. 464—44 CW..

Category: Property Law | Date: | Hits: 119

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......ent cause and accordingly passed the impugned order. 7. There is no hard and fast rule as to what facts would constitute a sufficient cause. It depends on the facts and circumstances of individual case. But the expression "suffi­cient cause" occurring in rule 9(2) of Order 22 of the Code of Civi..

Category: Civil Law | Date: | Hits: 121

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1.......ourt may, on the application of any member of the Company, call or direct the call­ing of a general meeting of the company.” 6. Applying section 76 to the facts and circumstances of the present case the Registrar draws the following conclusions:- a) The first annual general meeting to be he..

Category: Company Law | Date: | Hits: 306

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......further submits that Article 28 has to be read along with Article 27 to give a harmonious interpretation for the purpose of carrying out the Regulation there of Mr. Khondker cites the decision in the case of Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions..

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

.... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question. 2.The case of the petitioner is that he was appointed as a professor of Kapilmuni College in the Departmen..

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... actions of the respondent Nos.1‑3 are illegal and without jurisdiction. 3. Respondent Nos.1‑3 have riled affidavit­-in‑opposition denying the material averments made in the petition. Their case, inter alia, that the provisional seniority list was prepared as per Regulation No.18 of the Se..

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......n Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. 2. Short facts involved in the case is that the plaintiffs‑petitioners filed Title Suit No.17 of 1979 in the Court of the Subordi..

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijheel PS case No.32 dated 9.5.91 under sections 409/109 of Penal Code read with section 5(2) of Pension of Co..

Category: Criminal Law | Date: | Hits: 111

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, District‑Khulna. 2. The‑short facts of the case are, that the opposite party No.1 being complainant instituted the aforesaid complaint case in ..

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......onal Ses­sions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not hitherto triable by an As­sistant Sessions Judge, but which are now tri­able ..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......ections, if any, to be made within a stated time. The judgment-debtor-appellants clearly stat­ed that the said provision of law has not been complied with and they prayed for a stay of the execution case. By the impugned Order No.46 dated 24.11.85 the learned Subordinate Judge rejected the applicat..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......ound that the Subordinate Judge committed an error of law in allowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written statement by way of deni­al of the defendant's case. Mr. Moqbul Ahmed, the learned Advocate for the opposite party, on the other hand, contended th..

Category: Procedural Law | Date: | Hits: 133

Kohinoor Chemical Compa­ny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......ch goes against the intention of the legislature inasmuch as by insertion of the expression "within ten days from the date of framing issues" the lawmakers make it imperative on the plaintiff in this case to deliver the interrogatories within the prescribed period of 10 days. Mr. Ahmed very strenuou..

Category: Procedural Law | Date: | Hits: 133

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......e of the dacoits. Police after investigation submitted charge-sheet on 7.6.77 under sections 395/397 and 412 of the Penal Code against the petitioner Khalilur Rahman and six others. The record of the case was sent to the Ses­sions Judge, Bakerganj in connection with the dispo­sal of a bail matter...

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......ther 8 witnesses were examined on behalf of the opposite party No.4 and certain papers were admitted into evidence and marked exts.1-6. After hearing the arguments the Election Tribunal adjourned the case to 19.8.86 for delivery of judgment. 7. The Election Tribunal on consideration of the eviden..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......r in Ses­sions Case No.30 of 1984 convicting the accused ap­pellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the informant's brother Sona..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....hbu­buddin Ahmed, learned Advocate for the petitioners, that the Board of Land Administration by the im­pugned order, Annexure D(2), has addressed itself to a wrong question which has gone into the root of its jurisdiction. He submits that Mutation Case Nos.91, 92 and 93 of 1979 are themselves wit......mo dated 24.4.85 (Annexure M) and a Memo dated 26.10.85 (Annexure N 1) both is­sued by the respondent No.2, Deputy Secretary, Ministry of Land Administration and Land Reforms. 3. The petitioners' case is that they had their ancestral home on 2.65 acres out of a total of 5.80 acres of Khatian No...

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......fically in that regard without taking any recourse to the provisions of section 143 of the Pourashava Or­dinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under the provisions of the Governme..

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......pay a fine of Tk. 1000/-, in default, to suffer further rigor­ous imprisonment for 6 months by the Additional Sessions Judge, Sylhet on 16.2.84 in Sessions Case No.420 of 1982. 2. The prosecution case as stated by the P.W.1, in brief, is that on 18.4.82 corresponding to 4th Baishak 1389 B.S. on ..

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ...... the aforesaid Title Suit for declaration of title and also for a declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda..

Category: Property Law | Date: | Hits: 134