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Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)

....under the Government with regard to the enemy property as lessees from year to year. Now the question is whether the petitioners who had limited interest as lessees only for certain limited period of time can obtain a decree for permanent injunction. It seems to me that the finding of the lower appe......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 75

Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)

....e only thing that remains to be done is to engross it on stamped paper under Article 45 of the Stamp Act for which no limitation has been prescribed. Any of the parties to the decree may do it at any time and the only effect of engrossment of the decree on stamped paper would be that it would be ren...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..

Category: Property Law | Date: | Hits: 76

Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)

....tory and Culture‑1st paper and Philosophy‑3rd paper in the script sitting in the Examination Hall and that the allegations brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible fo......in passing the impugned order dated 28.11.89 (Annexure-I). 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) 20. ..

Category: Others | Date: | Hits: 122

Abdul Jalil Sheik­ Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)

....al area of 0.34 decimals after depositing the consideration money. 3. The opposite party contested the case by filing written objection. When the case came up for hearing the petitioner prayed for time and such prayer for time was allowed with a cost of Taka 200.00. The petitioner or his lawyer d......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..

Category: Property Law | Date: | Hits: 75

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

.... All the co-­sharers of the entire land amicably are in possession as per their convenience. 4. Opposite Party No.1 pre‑emptor has been residing in Qatar, Middle East for considerable period of time in connection with his service and in August, 1977 he came back to this country and on 2.12.79 ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..

Category: Property Law | Date: | Hits: 72

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....unction. Plaintiffs prayed for temporary injunction against the defendant appellant was allowed by the impugned order. 3. Being aggrieved by the same defendant preferred the present appeal. At the time of Admission of the appeal this Court stayed operation of the impugned order for two months. ......herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ..

Category: Intellectual Property Law | Date: | Hits: 224

Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)

....arned Subordinate Judge is directed to hear the application for amendment and the objection filed by the defendant Nos.1-4 afresh and to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..

Category: Civil Law | Date: | Hits: 92

Nurul Islam Chowdhury & another Vs. Upazila Revenue Officer, Patiya, Chittagong & others, 1991, 20 CLC (HCD)

....e purchaser and he paid the money to the vendor on his behalf and he himself, executed and registered a deed of agreement on the same date. He argued that­ the conduct of the parties at the relevant time indicate that the transaction is a complete usufructuary mortgage and as it is a complete usufr......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect. Ed. This Case is also Referred to: 48 DLR (1996) 25. ..

Category: Property Law | Date: | Hits: 91

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

.... terms of the agreement with the plaintiff for the suit premises he is not entitled to terminate the monthly tenancy in spite of default of payment of rent as she paid Salami of Taka 17,000.00 at the time of entering into the suit premises. 4. Mr. SR Karmakar, learned Advocate appearing on behal......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..

Category: Tenancy Law | Date: | Hits: 167

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....d worked as Subordinate Judge at various stations. Thereafter he was promoted as Additional District and Sessions Judge on 1.7.81 and Served in the said capacity at various stations. In due course of time he was promoted as a District and Sessions Judge on 1.9.84 and first posted at Joypurhat in the...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

.... be judged by the provision of sub-section (4B) which is quoted below: "(4B) Notwithstanding anything contained in sub-section (4) and (4A) or in sections 39, 43 and 44 or in any other law for the time-being in force, the land held under a certificate granted under sub-section (4) or (4A) by the ......made an endeavour for a certificate under section 20 (4) of the State Acquisition and Tenancy Act so that they could retain possession of the land beyond the prescribed limit for the purpose of large scale farming on co-operative basis. Such certificate was granted by the Revenue Officer but the Mem..

Category: Procedural Law | Date: | Hits: 68

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....an affidavit. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applications, requiring them to show cause within time specified in the notice why the agreement should not be filed. (4) Where no sufficient cause......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....rule with section 151 of the Civil Procedure Code alleging, inter-alia, that they received no notice about the drawing of final decree and that they learned about the decree on 7.7.1995 for the first time and that they were not informed about the date of final objection against the report of the ple......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....Proclamation and the Martial Law Regulations and Orders and other Orders and Instructions made by me in pursu­ance thereof shall have the effect notwithstanding anything contained in any law for the time being in force. f. The Constitution of the People’s Repu­blic of Bangladesh shall stand ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)

....he evidence adduced by the prosecution witnesses and other materials on record and submits that the persecution became successful to prove the case beyond reasonable doubt, particularly in respect of time, manner and place of occurrence. 12. He further submits that although the local witnesses di......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)

....vant part of section 28(1) reads as follows: "28. (1) If for any reason any tax pay­able under this Act has escaped assess­ment or has not been paid in any year the Sales Tax Officer may at any time within four years of the end of that year, assess the tax payable, after issuing a notice to th......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....n. It appears that one view is that the defendant against whom an ex parte decree has been passed may apply under Order 9, rule 13 of the Code of Civil Procedure to set it aside and also at the same time prefer an appeal from it and the proper Court to hear the application is the Court which pass...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

.... on tin roof. Accused Abdul Ghani, Abdul Gaffar, Sid­dique Ahmed and others threatened Tofazzal Hossain that they would see how he would give evidence against them in the paddy cutting case. At that time, accused Abdul Ghani gave order to kill Tofazzal Hossain, and Respondent Siddique Ahmed took th......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....e suit, contending, inter alia, that they never defaulted in payment of rents, the notice under sec­tion 106 of the Transfer of Property Act is defective, that the plaintiff never collected rents in time, rather used to accept as and when necessary, that the plea of reconstruction of the house is n......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..

Category: Tenancy Law | Date: | Hits: 210

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....for the removal of Mr. Kamaluddin Ahmed from the office of the President. The other meeting was convened as an emergency meeting on the same day, on the basis of the aforesaid complaint received long time back, but was suppressed by the writ petitioner. 14. It is also stated that the petitioner a...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123