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Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......wife. Boro Panchi and Jhoharmoni were each survived by a son, defendant No.1, Krishnapada Biswas and Annadacharan Haldar respectively. The plaintiffs survived Choto Panchi. 3. Under Hindu Dayabagh law of inheritance, the three daughters inherited the suit land left by Paban Mondal in limited life..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... Act' he submitted that had it been the intention of the legislature, it would have added the words, namely, or the order' after earlier phrase 'under this Act' as is always enacted in similar fiscal laws.
12. He referred to section 42 of the Value Added Tax Act, 1991 (Act XXII of 1991), in short..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... learned Special Tribunal was manifestly wrong in convicting and sentencing the accused-appellant on a charge of rape and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......ing a written statement denying the material allegations of the plaint and contending, inter alia, that the suit is not maintainable in the present form as the prayers made therein are not tenable in law, the relationship between the petitioner-company and the plaintiff opposite party No. 1 was th..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......dent No. 2. 3. The Petitioner-Company contested the said complaint case by filing a written statement denying the material allegations contending, inter alia, that the case was not maintainable in law as it was not the case of dismissal, but a case of termination simpliciter under section 19 of t..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... petitioner; (4) that, the buyer of the property in question was Accom-Engineering Ltd., not this petitioner; (5) that the sale of shares of the said company upon revaluation is permissible under the law as well as the same has not been treated as an offence under any of the law of the land and (6) ..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......Hossain, the learned Advocate appearing for the defendant-appellant after placing all the relevant materials on record submits that the judgment of the trial Court below is perverse being contrary to law and material evidence on record. 7. Drawing our attention to the opinion of hand writing expe..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......for the month of May, 2005 he paid the rent on 16.6.2005 thereby he made himself a defaulter and since he was a defaulter and in unauthorised occupation of the case premises, he is not entitled under law to deposit the monthly rent with the House Rent Controller and the said case was liable to be re..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......s a necessary party is not only incomplete but also premature. 9. It is noted that the stance so adopted by the Opposite Party in questioning the maintainability of this Application is inherently flawed. This is due to the Opposite Party having ignored the fundamental nature of the relationship t..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......f Bangladesh Biman Corporation who were transferred from the Cabin Facilities Department to the newly-established BFCC and the newly-recruited employees of BFCC should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to regulari..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....f the FIR the Commission must provide sanction in prescribed Form which is contemplated in Section 15(7) of the Rule 2007 (Form 3). 29. Let us address another crux in respect of sanction order. By amending section 32 of the Anti-Corruption Act 2004 new Sub-section 2 has been added which substitut......nvestigation of the case was still going on and before submission of the police report. After holding investigation police submitted charge sheet in the present case under the aforesaid provisions of law and thereafter cognizance was taken by the Metropolitan Senior Special Judge, Dhaka and the case..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......ance 1960 (sic). And whether the learned Single Judge of the High Court Division in exercise of his revisional jurisdiction under section 115 of the Code of Civil Procedure acted in accordance with law in setting aside the order of the Administrator appointing the appellant as the Mutwalli which w..Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......nd the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of law is not called for i..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case and the materials on record gave the decision in accordance with law and as such there is no illegality in the decision complained of calling for interference by t..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ...... by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no legal effect and why the petitioner should not be declared as Chairma..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......tate. Mr. N. H. Khondakar having taken me through the judgment and the documents on record has submitted that the conviction and sentence as passed by the learned Court below cannot be sustained in law because the whole proceeding was incompetent and beyond jurisdiction because the complaint, ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......alling upon the respondents to show cause as to why all the activities and implementation of ‘FAP-20’, undertaken in the District of Tangail should not be declared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......on stating that the Court had advanced the date of hearing of the matter from 21-10-96 to 12-9-96 without serving copy of the notice on his Advocate, Mr. Ashrabuddin and that a copy was served upon a lawyer holding no power on his behalf and, so, the defendant made a prayer for vacating the order pa..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......rial and both the parties will be at liberty to adduce fresh evidence in support of their respective cases and thereafter the learned trial Court shall dispose of the suit on merit in accordance with law. The order of stay granted by this Court earlier is hereby vacated. In the facts and circu..Category: Procedural Law | Date: | Hits: 72
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......ition No. 1429 of 1995 Writ Petition No. 891 of 1996 Judgment Md. Awlad Ali J.- These three writ Petitions have been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in Writ Petitio..Category: Civil Law | Date: | Hits: 90
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