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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......tive intervention by limiting the claim of a Bank against a debtor not exceeding 200% of the principal amount nor the said law has been taken into consideration as to its applicability in the present case in the context of economic justice, equity and equality as envisaged under the preamble read ..Category: Civil Law | Date: | Hits: 138
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In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......rmance of Contract dated 21st Baishak, 1382 BS corresponding to 8.5.78 alleged to have been entered into by the plaintiff and defendant respondent petitioners Abdul Kader and Sk. Saizuddin.
3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Station on 8.6.1990 by one Monirul Islam,..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... and, as such, the impugned direction asking the petitioner to pay duty at the enhanced rate was declared illegal. Mr. Mainul Hosein also relied in the decision reported in PLD 1970 (SC) 439. In that case exemption was granted under section 12A of the Excise and Salt Act, 1942 for a period of 4 year..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... or independent of the contract-Award deliberately departing from the contract, apart from constituting misconduct also constitutes mala fide action-Award made disregarding the contract goes to the root of jurisdiction of the Arbitrator. A dispute as to the jurisdiction of the arbitrator is n......ment the policy work with a heavy cost in violation of agreement which clearly goes against the public interest. In support of his submission he relied upon numbers of decisions, which are: 9. The case of Associated Engineering Co Vs. Government of Andhra Pradesh reported in AIR (SC) 232, the cas..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......PC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to fill up the lacuna by recall..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ionally duties on tariff value. 3. The learned Advocate for the petitioner contends that for similar merchandise previously the customs authority assessed the duty on CRF value. But in the instant case the Commissioner of Customs sent the matter to the Review Committee. The learned Advocate submi..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... record submitted that accused and complainant are residents of Brahmanbaria town and close neighbours and they have boundary dispute between them and over the same one civil suit and three criminal, cases are pending in the Court in Brahmanbaria. He further submitted that complainant having misused..Category: Criminal Law | Date: | Hits: 75
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been man..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted the suit in the 3rd Court of the Assistant J..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......f title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the suit was renumbered as Title Suit No.548 of 1985. 3. The plaintiffs case, put in a nutshell, is that 0.76 acres of land described in Schedule 'Ka' of the plaint belonge..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ge, Chandpur Sadar, Chandpur in Title Suit No.15 of 2002 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The petitioner as plaintiff instituted Title Suit being Title Suite No.15 o..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Reza has been directed against that Judgment and order of conviction and sentence. The reference and the appeal have been heard together and are being disposed of by this Judgment. The prosecution case, in short, is that deceased Joyanti Munshi, daughter of informant Lusil Sadekin, was an Archite..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......he defendant No.1. Later the defendant Nos.1, 4 and 5, by filing an additional written statement, asserted that the defendant No.3 Badsha Molla was missing for last two years and there was a criminal case in between the parties pending and the defendant Nos.4 and 5 upon constructing shop and dwellin..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistrate, Dhaka. 2. This is a police case. Information lodged by one, Md. Motiur Rahman alleging that from January 1994 upto January 1996..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......tenance, clothing, and a place to reside in during her iddal, day by day ..............It would seem, however, that after the death of her husband she has no right to a residence except in the single case of her being pregnant." 'Digest of Mohammudan Law (compiled and translated from authorities in ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ts and circumstances stated above I am of opinion that the appeal should be sent back to the Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application is allowed and the Judgment and order dated..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ioner it is stated that the respondent Nos. 3‑5 have been absenting themselves without leave of the Speaker since 1.3.94 and till to date which covered a period of 250 days and it is stated that in case of absence for 90 days the seat of a Member of the Parliament automatically stands vacant. As s..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... I am also of the opinion that this petition under Article 102 of the Constitution, is hit by the doctrine of exhaustion and not maintainable. This view of mine is fortified by the decision in the case of Controller of Examination University of Dhaka and others Vs. Mahiuddin and others, 44 DLR 30..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......r 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and paisa fifty), in default, to suffer rigorous imprisonment for a period of 1 (one) year more. 2. The case of the prosecution, in short, is that, on 28‑2‑89 Haroon‑or-Rashid, Assistant Inspector, ..Category: Criminal Law | Date: | Hits: 99
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