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Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......Mokabila witnessing the service of summons upon the defendant in the suit. The learned Subordinate Judge has held that the summons upon Hara Mohan Das was duly served. He has however observed that in view of the satisfactory evidence on behalf of the plaintiff-Opposite party there is no necessity ..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ...... Assistant Judge to dispose of the plaintiffs prayer for withdrawal of the suit, and if it is rejected then dispose of the defendant's prayer for rejection of the plaint according to law. In such view of the mailer the impugned order is liable to be set aside. 7. In the result, the Rule is ma..Category: Election Law | Date: | Hits: 206
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......ual detention of detenu as provided in section 8(2) of the Special Powers Act, 1974 may be permissible in extra ordinary and special circumstances, but the detaining authority must always keep in view Article 33(5) of the Constitution which provides that the authority making the order for prev..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......on and we find much force in the second submission of the learned Advocate for the petitioner also. 9. Having regard to our above discussion and consideration, we are satisfied and firmly of the view that the detenu Yunus Ali Mintu has been held in custody without any lawful authority and in an..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......r. Dutta, unless the copy of the judgment is communicated with the petition of appeal, how the Appellate Court shall apply its judicial mind as to whether the appeal is legally maintainable or not in view of sections 412 to 421 of the Code? The learned Deputy Attorney General has taken us to the rel..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......tion report. So, the submission of the learned Advocate regarding non-fulfillment of the condition embodied in section 103 of the Code of Criminal Procedure does not hold good in the instant case. In view of our findings above, we find no merit in this Rule, there being no lack of legal evidence in ..Category: Criminal Law | Date: | Hits: 87
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......ively, therefore, the concerned Sub-Registrar was bound to follow rule 48 of the Registration Rules. It is also pertinent to mention that the said Rules, 1973 were duly approved by the Government. In view of the discussions made above, I am of the view that noncompliance with the provision of rule 4..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......d that the work of group A, B and C was satisfactory. 7. Upon hearing the parties, learned Joint District Judge by impugned order, the learned Joint District Judge rejected the applications on the view that it was not possible for the Court to decide at the stage to determine quantum of the work ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......of Hindu Law by DF Mulla, 14 Edition. He further submits that except the cases as mentioned in the said section a Hindu widow cannot alienate a property having life interest. Mr. Rana submits that in view of the said provision of law the gift made by Manada Sundari in favour of Radheshyam Mistry and..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ere marked exhibit-A and exhibit-B. 12. On the aforesaid evidence, oral and documentary, on record the trial Court found the suit not maintainable under section 9 of the Code of Civil Procedure in view of the Administrative Tribunal Act, 1980 (Act VII of 1981) and hit by section 42 of the Specifi..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......nthalla Vs. Fort Gloster Jute Manufacturing Co. & Ors. reported in AIR 1955(Cal) 132 and the case of in re The Peninsular Life Assurance Co. Ltd. reported in AIR 1936 (Bom) 24 and submits that in view of the law laid down in the aforesaid decisions the impugned order dated 15.9.92 cannot be sust..
Category: Company Law | Date: | Hits: 181
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......e description in proviso (a) to section 5(1) of Ordinance No.LIV of 1985. It is very clear that the ex parte decree obtained by the petitioner did not change the character of the property".
16. In view of the aforesaid legal position, we are unable to rely on the decision reported in 45 DLR 5 as ..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......g the owners of the ship or the master of the vessel or the agent of the ship cannot give delivery order of the cargo and if it is so given then the carrier shall be liable for breach of contract. In view of the language employed in section 6 of the Act I am of the opinion that in order to invoke th..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding future complications, an application was filed and moved for issuance of supplement..Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......octed and not acted upon. 4. The respondent No.1 also puts this Court on notice of a large development scheme undertaken by the Sirajganj Pourashava to re‑excavate the old Katakhali river with a view to making Sirajganj a model town by improving its ecological environment. In that regard, steps..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......, as required by rule 33, and service having not been proved according to law, the whole proceeding against the appellant is illegal and has been vitiated for want of notice. He lastly argued that in view of evidence appearing from Exhibit 2 as to appellant's present and permanent address Exhibit 5(..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......of such item by the commercial importer on and from that date was banned. The Imports and Exports (Control) Act, 1950 has defined the term "import” which means 'bringing into Bangladesh,’ in that view of the matter on the date when the goods were brought it into the territorial jurisdiction of B..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......atement was to completely change the nature and character of the original written statement by introducing a new story by defendant by amendment of the written statement which is not permissible. The view expressed by our Appellate Division in 46 DLR (AD) 130 has clear application in the facts of th..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....courts of their discussions, findings. 19. The findings of the appellate Court that suit for declaration of title with recovery of khas possession was not maintainable in a joint jote was however, erroneous. Under section 42 of the Specific Relief Act such a suit is competent and "Where the land ......under a Heba Deed No.5190 dated 8‑4‑1991 and another 7½ sataks from Sajeda's children by way of exchange could not be accepted in the absence of authentic deed of family arrangements and also in view of the fact that the RoR khatian was not recorded in the names of the predecessors of the plain..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......co-sharer by purchase was not even entitled to ratable pre‑emption since he did not join in pre‑emptor's application for pre‑emption. Resistance to pre‑emption was of no avail. 15. Similar view has also been taken in another decision by a Single Bench of this court in the case of Idris Mi..Category: Property Law | Date: | Hits: 79
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