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Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....im to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the p......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....tly. The High Court Division erred in law, he submits, in holding that the counter-claim was not maintainable. 8. Mr. Md. Nurullah, learned Counsel for the plaintiff-respondent No.1, on the other hand, has drawn our attention to section 5(1) and section 2 (Kha) of the Adalat Act and has argued t......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... and her parents for releasing certain land which was mortgaged to the father of the complainant. On 8.4.90 the appellant also demanded from the complainant Taka 10,000.00 for establishing a shop at Chandraher Bazar. The complainant refused to accept the demand whereupon the accused persons abused h...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....he High Court Division is not a sound exercise of discretion in the facts and circumstances of the case. 6. Mr. Syed Ishtiaq Ahmed, learned Advocate for respondent No. 1 submit, on the other hand, that the proceeding taken for the enforcement of a civil right is a civil proceeding and whet......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ier Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand over the specialised textile mills to the Bangalee share-holders/owners the Bangladesh Textil......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....emony of the newly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petit......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ssociates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (17......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....sioner, Bakergonj that the Government had taken a decision on July 10, 1983 for resumption of the land acquired under LA Case No. 5 of 1959‑1960. On October 18, 1983 possession of the said land was handed over to the owner Tarini Kanta Das' Respondent No. 1, thereafter, filed an application before......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....the provisions of sections 439 and 439A of the Code of Criminal Procedure, I am of the opinion that there is conflict between sub-section (1) and sub‑section (4) of section 439 on the one hand and sub‑section (4) of section 439 and sub‑section (2) of section 439A on the oth......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ion under section 439(l) of the Code and not against the Court's inherent jurisdiction which is altogether different from any other jurisdiction under the Code. The High Court Division, on the one hand, willfully disregarded this Court's decisions, and, on the other hand, flouted Article 111 of ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....providing them with taxi‑cars so that they could earn their livelihood as taxi-drivers. Under this scheme the defendant-Bank decided to purchase 100 motor cars from Daihatsu Company of Japan and to hand them over to those graduates all reasonable price. Plaintiff, M/s. Karnaphuli Works Ltd. is a b......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instruc......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....who, by his judgment and order dated 4.11.92 set aside the order of the learned Magistrate as to the custody of the girl and directed him "to cause the jimmadar to produce the victim in the court and hand over the victim girl to her father even if she refuses to go with him". The learned Sessions Ju......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhaka City Corporation, the respondent No. 1 for the said pu......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....function in connection with the affairs of the Republic. In the circumstances, writ petition was held not maintainable. 15. The learned Counsel for the respondents, on the other hand, submitted since the acts challenged in these writ petitions were the acts ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....es. Thereafter the petitioner all on a sudden received a notice dated 2-7-2001 issued by respondent No. 1, Assistant Director (Estate) RAJUK addressed to the father of the petitioner directing him to hand over possession of the premises within 30 days in order to hand over possession of the premises......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ate Division (Civil) Present : Md. Ruhul Amin J MM Ruhul Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment November 22, 2005. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....the acquisition stood abated under section 12(1) of the Ordinance of 1982 and the suit property not having been utilised by the requiring body and the suit property is required to be released and handed over to the plaintiff-respondent on the strength of a deed of conveyance dated 22-9-1994.&q......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
.... then darkness in front of the cinema hall. 7. He emphatically submits that so far as Wasikur Rahman is concerned the evidence is consistent as to the fact that he fired from the gun lying in his hand and thus killed the victim Tutul. 8. He then submits that the learned Sessions Judge, on th......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....Appeal Nos. 443-444 of 2001 for considering the promotion to the post of Superintendent Engineer. 6. Mr. Mahbubey Alam, the learned Counsel appearing for the respondent No.1, on the other hand, contended that although the promotion is not the vested right of the respondent he had alread......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
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