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Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......arties who were non-contesting the pre-emption cases will not abate and the appeals are maintainable and shall proceed. 7. Mr. Md. Nurul Hoq, the learned Counsel for the opposite parties cites the decision in the case of Matilal Sikdek Vs. Benodini Dashi and others, reported in 28 DLR (AD) 5 wher..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......ated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. He further submits th..Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......als available on record with reference to the impugned judgment and submits that it is a case of no evidence and that the learned Sessions Judge failed to sift the evidence on record and arrived at a decision on guess and surmise. He, incidentally, submits that the confessional statement so recorded..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......is grievance and that scope is very much open. However, we confine ourselves only on the question of maintainability of the present application for review or re-hearing of the case, in para 7 of that decision the observations of several Higher Courts on this point have been discussed and it is as fo..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......is grievance and that scope is very much open. However, we confine ourselves only on the question of maintainability of the present application for review or re-hearing of the case, in para 7 of that decision the observations of several Higher Courts on this point have been discussed and it is as fo..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......¬ą¦æą¦§ą¦¾ą¦Ø ą¦®ą¦¾ą¦²ą¦¾ą„¤ Sections 94 and 165 of the Code of Criminal Procedure, Section 6 of the Bankers Books of Evidence Act 1891, sections 116 and 117 of the Income Tax Ordinance 1984 and the decision of the Court of Appeal reported in (1924) 1KB 461 submitted that respondents cannot compel ..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......end to the transferee and the transferor notice of its refusal. But he contends Dhaka Stock Exchange Limited has kept the matter of transfer pending since 1981 without informing the petitioner of its decision. 9. Dr. Ali argues respondent No. 1ās failure to notify the transferee, the notice of ..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... proposition of law that when an action suffers from want of cause of action the suit should be rejected but the facts of the present case disclose distinct cause of action and consequently, he cited decision which is of no assistance to the petitioner. 9. Section 13(2) (Uma) of the Regulations p..Category: Procedural Law | Date: | Hits: 83
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures āCā, āEā and āFā In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......pearing for the petitioner in support of the claim says that the application in the instant case was not maintainable under section 53 of the Public Demands Recovery Act and has referred to and cited decision in the case of Monirunnahar Begum Vs. Shahed Ali reported in 1 BCR (1981) 43. In the said c..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......of the same could be restrained by an order of injunction. 9. Mr. Khandaker Mahbubuddin, the Senior Counsel for the plaintiff/appellant, who commence his submission at a later stage, contended the decisions in the case of Sarhind Garments Vs. Glory Truth Industries Ltd. reported in 49 DLR 260 and..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......and, therefore, the petitioner appellant did not cease to be a co-sharer in the case land in absence of such partition and lose his right of preāemption. To illustrate his submission he has cited a decision in the case of Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others reported in 52 DLR (..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ware, if not already so, that justice is done according to law. A Judge may have sympathy for a litigant's suffering due to technicalities of law made by the legislature, still in view of the express legislative intention, he must follow the 'hands-off doctrine'. Otherwise chaos and anarchy would pr......I rule 11 (d) of the Code of Civil Procedure, contending, inter alia, that the Association is a registered trade organisation and the plaintiff being a member of the said organisation, challenged the decision of the organisation in the suit which is barred under section 12 of the Trade Organisation ..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......entenced him. Lastly, he submitted that the circumstantial evidence on record do not conclusively prove the appellant Abdur Rouf committed murder of Firoja. 34. In support he relied upon following decisions: 33 DLR 320, Ismail Sarker alias Sudan Member and others Vs. State; AIR 1972 SC 110, Ra..Category: Criminal Law | Date: | Hits: 44
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......ni, Abdul Huq was appointed. So, the Waqfs Administrator rightly cancelled the appointment of Abdul Huq. Upon such view of the matter, the court of appeal below dismissed the appeal and confirmed the decision of the Waqf Administrator. 7. Being aggrieved by the said appellate order confirming ca..Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606....... the notes appearing in the book, āLaw on Partitionā, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failure of justice. The learned Advocate further submits that the superior Co..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602....... the respective parties. Having regard to the continuous service rendered by the respondents employees and the nature and manner of services given by them to the Bank, we do not find any wrong in the decision arrived at by the Labour Court that the employees are regular employees of the Bank and the..Category: Labour and Industrial Law | Date: | Hits: 134
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196....... circumstances. 6. We have given our anxious consideration to the submissions made at the Bar and we are of the view that examination of the said documents by CID shall be of no use to come to any decision in the case and therefore, we find that at the fag end of the hearing of the case by not ca..Category: Property Law | Date: | Hits: 59
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......ns or objections under Declaration and Alterations of Municipalities Rules, 1978 have neither been properly issued nor the objections filed by the local people have been considered for the purpose of decision taken by respondent No.1 to extend the of the Kushtia Pourashava curtailing the same from J..Category: Election Law | Date: | Hits: 85
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......t the testimoĀny of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and circumstantial, provisions of law and the decision as referred to, observed that the prosecution in the instant case has miserably failed to p..Category: Criminal Law | Date: | Hits: 46
Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)
....ed to be gazetted and further the said SRO Nos. 113 and 152 could not also be given retrospective effect to affect the vested right already accrued to the petitioners in the absence of any speĀcific legislative direction to that effect and thus the petitioners acted illegally and arbitrarily in ref......er dated 30.7.2000 of the High Court Division passed in Writ Petition Nos. 3271, 5239. 4678, 4677, 4013, 4014, 2754, 2817, 3065 and 6420 of 2007 making absolute the Rules obtained impugning the order/decision dated 4.6.1997 for appliĀcation of the provisions of SRO 113 dated 11.5.97 and for withdra..Category: Fiscal/Taxation Law | Date: | Hits: 93
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