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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. ......di, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a ..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.......ocedure shortly, the Code, have been communicated to this Court through the Jail authorities of different jails on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up..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. ......le under section 46 (a) of the Excise Act, 1909 as amended by Finance Ordinance No. XLV of 1986. Charge was framed against him on 27‑9‑90 for the offence punishable under the aforesaid section of law to which he pleaded not guilty and claimed to be tried in accordance with law. 4. Subsequent ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......1 to 4 became co-sharers by exchange in the case holding and, if so, would right of preemption not be available against such co-sharers? (2) Was the deed of exchange dated 10‑7‑96 exhibit-Ka a lawful and valid transaction? and (3) Whether the right of pre-emption was barred by waiver, esto..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......ime to the party in such regard to bring stay order from Superior Court, but learned Court below did not even allow 3 days' time as was within his domain in order to show his sincerity and regard for law and convention. 21. We have given very anxious consideration to above situation created by th..Category: Criminal Law | Date: | Hits: 71
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. ...... the Appellate Court being the final Court of fact also misread the evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......he petitioner and Mr. Abul Kalam Chowdhury with Mr. ATM Obaidul Hoque appeared for the opposite parties. 7. The learned Advocate for the petitioner submits that the Court of appeal before erred in law failing to appreciate the findings arrived at by the Trial Court. He further submits that the al..Category: Employment/Service Law | Date: | Hits: 96
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. ......his appeal or revision. When the plaintiff could give security to the extent of Taka 7,00,00,000 then why he could not manage Taka 2,00,00,000 only is beyond our comprehension. Besides, we know no law that empowers a Court to grant a mandatory injunction for payment of any portion of the amount c..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.......dition. 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 Gouranga Lal Mistry who are a..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. ......maintainable; and also barred by limitation. The suit is hit by sections 6 and 42 of the Specific Relief Act and section 9 of the Code of Civil Procedure. Termination was issued as per requirement of law with all legal dues admissible under the law. The plaintiff was removed by termination simplicit..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.......t that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the ..
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.
......23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Se..
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. ...... is maintainable. 4. In support of their respective contentions the learned Counsels for both the parties relied upon the statements made in the plaint, the documents/papers filed and the relevant laws which will be considered presently. 5. For disposal of this application it is necessary to s..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....Mr. Abdur Razzaque further argues that the change in the name of Salimullah Muslim Hall to Salimullah Hall by the Syndicate by the impugned resolution and the assent thereto by the Chancellor thereby amending clause 8(2) of the First Statutes of the Dhaka University Ordinance, 1961 are also illegal ......limullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling 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 futu..Category: Civil Law | Date: | Hits: 63
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. ......tegorically denied to have signed as guarantor in Exhibit 2, loan application vide its better statement accepted by Court and having adduced evidence in support of such case, the Court below erred in law in failing to consider such evidences and decide the question before passing judgment against th..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....he Rule is opposed by respondent No.1 by filing an affidavit‑in‑opposition stating, inter alia, that by Gazette Notification dated 27‑1‑2004 vide Annexure E' to the petition the Government by amending the import policy order put restriction on import of Steel Rerollable Scraps by the commerc......er LC No.1945‑03‑1‑1838 dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..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.......nected papers including the application for amendment for the written statement and submits that by such amendment the entire complexion of the written statement has been changed which is contrary to law. Mr. Deb further submits that after the close of the evidence of the plaintiffs the written stat..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......e plaintiff was in right, title and possession of the suit land; (2) Whether the plaintiff has been dispossessed from the suit land by force against his will; (3) Whether the suit was barred by law; and (4) Whether the plaintiff was entitled to a decree for declaration of title with recover..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. ......petition holding that the case land not being an agricultural land and being a pond in nature petition claiming preemption under section 96 of the State Acquisition and Tenancy Act was not tenable in law and that the case land being a nonagricultural land preemption could have been claimed under s..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......lek, the learned Advocate for the petitioner, submits that the petitioner is an innocent person and his wife deceased Joyanti Reza committed suicide, but by taking the chance of suicide his mother-in-law instituted the false case against him. He further submits that, just after finding that his wife..Category: Criminal Law | Date: | Hits: 96
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