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Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....stitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is ......should the servant's liability. 35. So in the normal case there has been only one tort, but as it has been committed in the course of employment the master is jointly responsible for it. 36. In order that the doctrine of vicarious liability may apply, there are two conditions which must co-exi..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......he Miscellaneous Case No.33 of 2005 on 7-3-2006 and rejected the application filed for adjournment. The learned Judge dismissed Miscellaneous Case No.33 of 2005 on 7-3-2006. Having being aggrieved by order dated 7-3-2006. Judgment debtor petitioner preferred Miscellaneous Appeal No.90 of 2006 before..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......-1) which was allowed on contest on 8-11-2003 holding that the petitioner (TCB) would be exempted from paying trade VAT @ 1.5% and the Commissioner Appeal set aside the demand dated 7-10-2002. By the order of Commissioner of Appeal it was established that the very claim of 15% trade VAT from TCB had..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......nment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......na but the same were rejected. Thereafter the petitioner moved the learned Sessions Judge, Khulna in Bail Case No.107 of 1987 but the prayer for bail was rejected by the learned Sessions Judge by his order dated 10.1.88 with the observaÂtion mat the petitioner was not named in the F.I.R. but she wa..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....wo persons as respondent Nos.6 and 7 in a Writ Petition on consideration that they were in posÂsession of the property when the Writ petition was brought by the appellant challenging the validity of Government order declaring the disputed property as abandoned property and himself claiming it as th......d. Nurul Huda Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plainÂtiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowin..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70....... M. Fazlul Karim, Advocate—For the PetiÂtioner. No one-For the Opposite Parties. Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule arisÂes out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favou..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....rt Division Dhaka (Civil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. ...... not feel that he has comÂmitted any illegality which occasioned any failure of justice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....er the Madhya Pradesh State Warehousing Corporation Act (28 of 1956), which was subsequently replaced by the Madhya Pradesh Act 58 of 1962. It is a statutory body wholly controlled and managed by the Government. Its status is analogous to that of the Corporations which were under consideration in Su......t the plaintiff remained abÂsent from duties on 11.11.74 without prior permisÂsion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on different dates without receipt of money thereof on the same date, that there was cash shor..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of BanÂgladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Se......Affairs, Government of BanÂgladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar RahÂman and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigat..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......Jan Mohammad of Kalamati within P.S. Dinahate lying within the district Kuchbihar (in India) was following him from behind. Village Kalamati is an enclave within the InÂdian territory surrounded by border of Bangladesh territory. Taka 55/- which accidentally dropped from pocket of Muslim Ali on the..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......s 302/34 of the Penal Code and convicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Pr..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....ster the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of BanglaÂdesh which did not file any written statement. DefenÂdant Nos.3 and 4 are the......xt submission of the learned AdvoÂcate for the petitioner is that there are three conditions in section 27 (b) of the Specific Relief Act which need to be satisfied by s subsequent transferee in order to come within the exception of that subÂsection, viz. whether his transfer is for value and ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......uty Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of ..Category: Procedural Law | Date: | Hits: 118
....ding, motivated and not corÂrect. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contracÂtual obligation and also to implement the decision of the Government to stop natural gas to the consumers who are using gas for the purpose of manufacturing c......8 of 1988.
(An applicaÂtion under Article 102 of the Constitution of the People's Republic of Bangladesh.)
Judgment
Abdul Matin Khan Chowdhury J. - This Rule challenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the petitioner in re..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......the Respondent No.10. No one-For the Deputy Registrar. Civil Appeal No.36 of 1972. Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts gi..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....jurisdiction to entertain the appeal from ah order passed by the Tribunal upon an application filed under Order 47, rule 1 C.P.C. The learned Counsel placing reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an apÂpeal fr......r the Opposite Party. Civil Revision No.69 of 1989. Judgment AM Mahmudur Rahman J. - This Rule was issued under section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 1989 preferred..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......te-For the PetitionÂers. Hemayetuddin Ahmed, Advocate-For the OpÂposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subordinate Judge, First Court, Barisal in..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....sion No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mootÂed is: whether the District Judge, an appellate auÂthority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of ......ed District Judge did not withdraw the appeal from the Second Commercial Court of Subordinate Judge to his Court but transferred the same to the 1st Court of Additional District Judge by the impugned order on 3.1.1989. 3. Mr. Salimul Hoque Khan Milky appearing in support of this Rule very candidl..Category: Election Law | Date: | Hits: 192
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