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Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....ate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provide any consequence in case of failing to conclude the case within such time. Therefore the failure of compliance with the mandate of section 37 of the Ain will not invalid......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
....ood how Controller of Examination all on a sudden issued show cause notices upon the petitioners alleging that some malpractices and unfair means had been committed in the examination hall during the time of examination. It is alleged that the examination scripts of the candidates were imported from...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....the Honourable Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant time passed order that no fresh report would be necessary and the case could proceed. The learned Co......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
.... points of arguments: (i) The element of acquisition of title by adverse possession is totally absent in the evidence led by the plaintiff; (ii) The plaintiff was a minor of five years at the time of his alleged unregistered deed of gift (Exhibit 1). Save and except the said Exhibit 1, there......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order: Provided that no such officer shall issue any such......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
....te to him.
15. Rule 42 specially empowers Revenue Officers appointed with the additional designation of Settlement Officer to cancel any portion of the proceeding referred to in rules 28 to 32 any time before the publication of final record‑of‑rights in respect of any district, part of distri......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
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Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....ssed on 9.8.90, in law it would take effect from 24.3.87. In this connection sections 168 and 171 are quoted below: "168. A winding up of a Company by the Court shall be deemed to commence at the time of the presentation of the petition for the winding up. 171. When a winding up order has be...... c. Work Shop Tk. 83,15,000.00 d. Electric equipment Tk. 60,05,865.00 e. Weighing scale and others Tk. 36,45,000.00 Total ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....on of the disputed handwriting and signature with the admitted handwriting or signature of the person concerned. But the same is not the uniform view of the Court in some other case. The Court at the time of deciding a case may compare the disputed handwriting and signature with the admitted handwri...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ng his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, Chand Mia, Suruj, Wahab, Khorshed, Hashem and Malek came to the 'Bichra' of P.W.1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused appellants being armed with gun......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....eding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of t......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....nt Judge. 7. Mr. Nurul Islam Bhuiyan, learned Advocate -on-Record, appearing for the respondent No.1 submitted that the original plaintiffs interest and the interest of the defendant No.6 at the time of filing the suit was contradictory for which she was made a defendant in the suit, so the rig...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defendant gave possession of the property in schedule to the plaintiff at the time of execution of the agreement and the plaintiff spent TK. 2,00,000.00 for making improvement; t......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..Category: Property Law | Date: | Hits: 112
....agreement and that further the proceedings in the Artha Rin Suit are liable to be stayed under Section 10 of the Arbitration Act, 2001; that IPDC has the right to sell the shares in the market at any time and as such, purported to resolve the dispute between the parties arising out of the said agree......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
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Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
.... before Metropolitan Magistrate on 16.6.85 which was marked as Ext. B in the SCC Suit. 8. Thus while the criminal proceeding was going to be disposed of, the accused‑petitioners for the second time filed another application under section 561A of the Code of Criminal Procedure for quashing the......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....tered kabala dated 1355 BS vide kabala Ext. 4. The plaintiffs are men of Comilla. They left their home district after the above purchase and remained here for two years. Their case is that in the meantime, Naldanga Raj Estate, the landlord of the suit land, brought a rent suit against them with resp...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ing his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, Chand Mia, Suruj, Wahab, Khorshed, Kashem and Malek came to the 'Bichra' of PW 1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused‑appellants being armed with g...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....reported in 56 Indian Appeal 259. 21. We have now to consider the legal position. The land belonged to the appellant but the building was constructed at the cost of the respondent who knew at that time that the land was not his but his wife's. The maxim "Quicquid plantatur solo, solo cedit" is a......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff on being required by the Court to supply the requisite stamp paper within a time fixed by the Court, fails to do so the plaint shall be rejected. In this case even if it is fou......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....t the judgment and order dated 27.11.81 passed by Mr. MA Rashid Subordinate Judge, 3rd Court, Chittagong in Miscellaneous Case Nos. 59 and 60 of 1981 arising out of Money Suit No. 152 of 1981. At the time of issuance of the Rule it was directed to hear both the Rules analogously. The trial Court als......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....randum of appeal was drafted and naturally it was drafted by the Government lawyer and the appeal was filed on 5.5.90 which means within 3 days of the order directing to file the appeal. 8. At the time of the hearing of the application for condonation, where the above explanation had been given f......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...Category: Limitation Law | Date: | Hits: 192
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