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Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ....... In case the parties fail to get such land partitioned by metes and bounds within 60 days from date the plaintiffs shall be entitled to pray for making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49....... to file the present suit on 21-8-1990 claiming the said amount together with the interest at the rate of 20% to be calculated till realization by selling out the mortgage property in accordance with law. 3. The defendant No. 1 contested the suit by filing a written statement and she was also exa..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......s exercise and it will be increase the litigations between the parties. Therefore, the Court of appeal below after appreciating the materials on record, by dismissing the appeal committed no error of law. 5. Moreover, the impugned judgment and order in its entirety are well founded in the facts a..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... as a Nikah Registrar at Ward No. 17 but he has been acting as imam in a mosque situated at Ward No. 4. So, in my view, plaintiff was not acting as a Nikah Registrar at Ward No. 17 in accordance with law till his resignation dated 12-11-2003. 7. On appraisal of materials on record it clearly indi..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......ent of the petitioners and their business. Such CIB Report arbitrarily prepared at the back of the petitioner's and also distributed without their knowledge, does not have sanction and support of any law as it has the effect of interfering with, jeopardising, stifling, causing detriment and adversel..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......ce taken by the learned Magistrate under those penal provisions was illegal and if the proceedings of the CR Case No. 2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore, it is liable to be quashed. In the result, the Rule is made absolute. The proc..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......ven any opportunity, as was requested by him on the previous day, to discuss the issues before the Award was made.
13. Referring to section 43(v) of the Act, Mr. Hossain contends that although the law requires the arbitration proceeding to be conducted in accordance with the agreement of the part..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......e, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. The deceased at..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......tes appearing on behalf of the petitioners in support of the Rule, having taken me through the impugned judgment and the papers on record submitted that the learned Court of Sessions below erred in law in dismissing the appeal summarily in view of the fact that the learned Sessions Judge failed to..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......arrived at any independent finding of its own after due consideration of the evidence, rather fully depended on the finding of the trial Court and thus the appellate Court also committed error of law in affirming the judgment of the trial Court. Though ordinarily the High Court does not interf..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......cision of the authority, the petitioner obtained the Rule Nisi from the High Court Division which made the Rule absolute and declared Annexure-‘H’ to the Writ Petition to have been issued without lawful authority. The salient findings of the High Court Division are as follows:
The prayer of t..
Category: Employment/Service Law | Date: | Hits: 739
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......under Memo No. n¡M¡-9/1 Hm-22/2000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-res..Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......int are not identical terms. A plaint can be rejected on any of the grounds mentioned in Order 7 Rule 11 of the Code and not otherwise. The High Court Division, in the premises, committed no error of law in not rejecting the plaint. 7. The High Court Division directed the plaintiff to amend the ..Category: Procedural Law | Date: | Hits: 112
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......These Civil Petitions for Leave to Appeal Nos. 767, 796, 1084-85 and 1091 of 2011 have been heard together and are being disposed of by the this common judgment as they do involve common questions of laws and facts.
2. The above mentioned civil petitions for leave to appeal are directed against ..
Category: Others | Date: | Hits: 172
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
...... the Administrative Tribunal case strikes down an order for violation of principle of natural justice as well as for infringement of Fundamental Rights, guaranteed by the Constitution or by any other law in respect of the matters relating to the order arising of sub-clause (a), but such tribunal can..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....are customs duty at the rate of 45% on the basis of SRO No.133 dated 6‑7‑93. By the said SRO customs duty was raised to 45% per metric ton on the milk powder imported packed in tins or in bags by amending the earlier SRO No., 113 dated 10‑6‑93 under which customs duty was only 30% on the mil......l Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Lear..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......entencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner i..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......96. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, ar..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......lenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary of the BSC with all finan..Category: Others | Date: | Hits: 142
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