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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....he trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is permitted to agitate the question of jurisdiction and maintainability of the suit for the first time in this Court at the revisional stage. 7. Mr. Nizamuddin Haider, the learned Advocate appear......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ember, 2008. If the petitioner pays the 1st installment by 21st September, 2008 the order of stay shall remain in force till next installment and onward on payment of subsequent installments within time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, questioned the propriet......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ions made in the petition stating that after making due consideration of the state of health of the petitioner, the respondents ordered her retirement with full benefit as she was on leave for a long time and was unable to resume her duties. The medical officer of the respondents after examining the...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....though we may if we choose, think that it is of little value.” 9. I fully agree with the view. There is no provision in the Evidence Act that the evidence of a witness which is admissible at the time he gave it should become inadmissible for the simple reason that he could not be cross‑examin......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
.... In 1955 the petitioner came to Chittagong with her father from Afghanistan Without passport. In 1961 she was married to Abdul Khaleq, another national of Afghanistan residing at Chittagong and in time out of this wed‑lock she gave birth to five children‑two sons and three daughters. The said......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....laint do not constitute an offence either under section 406 or under section 420 BPC. He submitted that there is no allegation that the accused had initial intention to deceive the complainant at the time of taking the loan and his subsequent conduct cannot alter a civil transaction into a criminal ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....k order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the Juri Range wit......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....with the building standing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....of factors to be taken into account. The claim usually made in that arbitration is quicker, cheaper, more expert and more private than litigation…………..If you are in the wrong and want to gain time, insist upon the best Arbitrator in the business”. The reasons for which I am driven to quote......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is that they are innocent and they were in actual possession of the case lands at the time of occurrence and it was the complainant party whose members trespassed into the same and attac......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....cuting Court is directed to grant certificate under Order XXI rule 83 (2) of the Code of Civil Procedure allowing the petitioner to sell the schedule-A property or any part thereof within a specified time in Artha Execution Case No.131 of 2009. If the petitioner fails to sell the said property or a ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....spondent No.3 issued the impugned letter cancelling the tender proceeding on the ground of limitation Annexure-C to the petition asking the petitioner to take back the earnest money at his convenient time. Thereafter, the petitioner filed an application to review the impugned order of cancellation A...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....of his family went to bed after having supper at about 9 p.m. His wife (Sufia Begum, P.W.2) and daughter waked up at about 3 o’clock and went outside of the room to respond natural call. In the meantime, two robbers entered into the room, following whom his wife and daughter rushed there. The robb......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
...., they asked her to go away. After coming back from Bashurhat, she heard an alarm from the house of the informant and rushed there. She further stated that on the following day she was present at the time of lifting the dead body from the canal. At the instance of the villagers including appellant N......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....unded him and then the accused Mozahid dealt a blow on his belly by Pashali and other accused caused injuries at different parts of the body of Md. Abu Sayeed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar s......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....thi on 12.8.86 at 10‑00/11‑00 AM. Monir informed him at Sharsha on 13.8.86 that his niece Rahima had died Liking poison. Then he went to the house of his sister to inform about the same . At that time P.W.6 Abul Kashem, P.W.7 Amir Hossain and Abdul Jabbar went to that house and told them that th......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwalli after his death Two of Waqif s relations, namely M......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....f the Income Tax Act and not under section 10(2)(XVI) of that Act as alleged. It appears from the impugned judgment of the Income Tax Appellate Tribunal that in mentioning under section 10(2), second time in the above quoted judgment, it was not mentioned whether the claim was allowed under clause (......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
.... case. On 3.1.91 the complainant was personally present before the tribunal but the hearing of the case was adjourned due to the absence of the opposite party without any step. A petition praying for time appears to have been left with the Bench Assistant but there was none to move it. The Tribunal ......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....The learned Deputy Attorney‑General then endorsed the matter to the learned Assistant Attorney‑General (Civil) who, received it on 6.1.90 and prepared the memo of appeal on 7.1.90. But in the meantime prescribed period for filing appeal expired on 4.1.90. Petitioner presented the memo of appeal ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
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