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Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......t mean Government's satisfaction as it is an abstract entity. 3. Mr. B.B. Roy Chowdhury, learned Assistant Attorney-General appearing for the State has argued that the proposition as understood in law is not correct. We think, there is much substance in his submission. He says that the word 'gove..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......rit Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority. He again submits that BJMC preferred Civil Petitions for Leave to Appeal against t..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....a High Court in the case reported in 20 DLR 562 and 21 DLR 633. But these decisions were given when the original section 81 was in force and section 81A was not added to the Act. But subsequently, by amending the Act sub-sections (2) and (3) of section 81 was omitted and a new section 81A was insert......al land but a non-agricultural land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally a..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......sed Rana Dutta under the Hindu Law. 5. Reading sections 81, 82 and 83 of the Mulla's Hindu Law he submits that brother and mother were heirs as 'Sapindas' and learned Joint District Judge erred in law in rejecting their application on wrong view of the law. 6. Lastly, he read section 372 of th..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... also erected huts. In 1992, Obaidul Islam was dispossessed from the suit land. He did not know them who dispossessed him. 25. In cross-examination, he stated that Obaidul Islam was his brother-in-law. He denied that he was deposing for the interest of his nephews and nieces. He could not say who..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......site Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......e is a fugitive from justice and not entitled to any protection of this Court either in Appeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitione..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......tion case. It is the definite case of the prosecution that 31 pieces of gold bars have been recovered from an echolac bag allegedly belonging to the appellant. 19. It is a settled proposition of law that the prosecution must prove the case against the accused persons beyond all reasonable doubt..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......also filed cross-appeal. The learned subordinate judge allowed the appeal on contest and dismissed the cross-appeal. 5. Mr. Nirmalendu Bikash Datta contends that the Court of appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......- within 15.2.83 in the account of the petitioner-corporation and submit a copy of deposit slip to the Secretary of the corporation. In default of this order appropriate action in accordance with law shall be taken against him.
3. The respondent No.2 protested against the latter dated 23.1.83..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......Memo No. JM/420 dated 19-6‑2002 issued by the Deputy Commissioner, Kishoregonj canceling the licence of the Universal Talkies Cinema Hall situated at Kishoregonj is null, void, forged, illegal, unlawful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......a Akter, that while Hena Akter was living in the house of her husband on 4‑5‑1998 the accused persons caused her death administering poison mixing with rice and that the petitioner, the mother-in-law of the deceased, supplied her poison-mixed rice. After the death of Hena Akter, an UD case was s..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the application under Order 9 rule 13 of the Code of Civil Procedure and s..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ...... matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......n and obtained the present Rule.
14. Hasan Foez Siddique, the learned Advocate appearing on behalf of the plaintiff- petitioner, submits that Pulin Behari being dead his son Nirmal Kumar Paul, the lawful heir of Pulin was a party in the suit but he did not contest the suit and thereby accepted th..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... or delay execution of any decree and the allegations made in the applications are vague and general in nature without any concrete material before the Court below for its satisfaction as required by law and he contends that there being no specific statement regarding the attempt to do so with mater..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......nding and acceptable, etc., the learned Additional District Judge has, in fact, disposed of the suit and the appeal on merit by the impugned order passed in interlocutory matter and has thus erred in law resulting in an error in the decision of the case occasioning failure of justice. He further sub..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......l perusal of the materials before him, passed the impugned order dated 10‑1‑2001 lodging a complaint to the Magistrate concerned for proceeding against the defendant-petitioner in accordance with law. Being aggrieved by the aforesaid impugned order dated 10‑1‑2001, the petitioner moved th..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......psible gate, sanitary, electric works, earth development, painting, etc. Even after the defendants received the works done and goods delivered by the plaintiff, the learned Subordinate Judge erred in law in refusing decree for such extra work. In support, he relied upon a decision in the case of Ben..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......nically decreed the suit in favour of the plaintiffs.
16. On the other hand, Mr. Md. Mahbub Ali, the learned Advocate relying on the decision reported in 32 DLR 252 submits that the proposition of law is well settled that a registered kabala is an evidence of title which will prevail over other r..
Category: Property Law | Date: | Hits: 64
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