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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......dated 27.3.1985, the entertainment of a review petition and of passing the order by the Director of Land Records in reviewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has no..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626....... at that time this appellant wanted to know why she was not found at her residence and told her that she would be transferred to a bad place. She further deposed that she explained the reasons of her absence and at this, this appellant told her that the Upazila Officer also gave an unfavourable repo......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ed Advocate appearing for the respondent No.2‑Board, on the other hand, submits that as the Board has authority to withdraw the certificate under section 18(2)(VIII) of the Ordinance due to alleged absence of regulation, this power cannot be treated to have been taken away. He has drawn our attent...... 18 of the Intermediate & Secondary Education Ordinance, 1961 contains the power of the Board to organise, regulate, supervise, control and develop Intermediate and Secondary Education within its jurisdiction and it has been conferred with the power, inter alia, to grant certificates to persons ..
Category: Civil Law | Date: | Hits: 159
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......Division erred in law in dismissing the appeal in failing to consider that the tripartite agreement has not been rescinded and since the plaintiff is willing to perform its part of obligation, in the absence of contrary evidence, it is entitled to a decree for specific performance. He further cont......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... It is contended on behalf of the petitioner that the High Court Division erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of its revisional jurisdiction in failing to consider that the Court of appeal below on proper assessment of the evi..Category: Property Law | Date: | Hits: 87
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......ourt Division in Admiralty Suit No.12 of 2009 rejecting the application for dismissing the suit being not maintainable since the cause of action as stated in the plaint does not attract the admiralty jurisdiction. 2. The respondents hereof are the plaintiffs and the petitioner hereof is the defen..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......serted that his intention was to execute a deed of mortgage as security for the amount advanced by the defendant to him but the defendant fraudulently got a deed of Hiba‑Bil‑Ewaz scribbled in his absence and without allowing him to know its contents quickly got it executed and registered by him.......ument after considering the other evidence and circumstances. As such, it is not open to this Court to re‑open the concurrent findings of facts arrived at by the two Courts below. In its Revisional jurisdiction this Court cannot enter into the question of propriety or otherwise of the reliance on ..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. 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) 613. ...... that the petitioner be reinstated in his service at once. 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) 613. ...... of master and servant will not apply to employee of a nationalised company which has lost its Corporate character such employees will be treated as employees of the Corporation and can invoke writ jurisdiction. 11. Admittedly, the petitioner, is an employee of the Bangladesh Agricultural Devel..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ...... reported in 18 DLR page 295 wherein it has been observed as follows: "On receipt of the inquiry report submitted by the Magistrate, the Sub‑Divisional Magistrate also has failed to exercise his jurisdiction in accordance with law inasmuch as he has held that he was bound to accept the finding ..Category: Criminal Law | Date: | Hits: 98
....n part and got possession in the disputed house. He also paid rent of the disputed house. After some time Md. Moinuddin, the lessee, contracted to sell the disputed house to the petitioner No.1 for a total consideration of Taka 7000.00 and then after receiving an advance of Taka 6000.00 executed a d......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......In such case, it has to be decided whether for enforcing a contractual right and which follows from a contract with the original owner Md. Moinuddin the petitioner will be entitled to invoke the writ jurisdiction of this Court. The answer is plainly in the negative. Although the Government entered i..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......used petitioner, is in violation of the provision of section 16(1) and (2) of the Code of Criminal Procedure as the accused was not forwarded to the Court by the police and the same was passed in the absence of the accused and the same was also passed without perusal of the record, case diary and wi......case, and shall at the same time forward the accused to such Magistrate.” Section 167. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custo..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......f the vessel MV Eurco Explorer the carrier of the consignment of the Controller of Movement and Storage, Chittagong, before judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed to leave the jurisdic..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......had met with her death and in the present case the appellant tried to explain that she committed suicide which was found to be a travesty of truth in view of the convincing evidence of P.W.10. In the absence of any satisfactory explanation coming from the side of this appellant and the explanation g......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......resaid Misc. Case ex parte on the ground that the petition for restoration was barred by time. 5. Being aggrieved and dissatisfied with the impugned order plaintiff petitioner moved the revisional jurisdiction of this Court and obtained the present Rule. 6. This learned Advocate appearing for ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... legal marriage, termed the living of the appellant and the respondent together as husband and wife “adulterous relations”. 18. Mr. Wadud Bhuiyan, learned counsel submitted that the plaint is totally silent as to the date, place and presence of witnesses of the marriage and the appellant hav......been satisfactorily proved by the appellant by examining independent witnesses and that the Family Court was perfectly justified in decreeing the suit. 4. The High Court Division held that in the absence of a registered kabinnama a special onus is cast upon the appellant to prove the fact about ......rried the appellant and that they lived as husband and wife, and decreed the suit. The Court of appeal below affirmed the judgment. A single Bench of the High Court Division in exercise of revisional jurisdiction reversed the judgments of the courts below and dismissed the suit. 3. It has been o..Category: Family Law | Date: | Hits: 318
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
...... Chairman referred to in section 16."
"16. Acting Chairman.‑(1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union Parishad from amongst the elected......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
.... under the name and style of Shams Trading Company and used to deliver the imported motor pumps to the complainant for sale. On the assurance of delivering 200 pieces of motor Pumps, accused received total sum of Tk. 6,04,050.00 from the complainant in different instalments beginning from 12.4.85 an......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
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