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Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ...... case no objection was raised up to execution and registration made on 04.05.1981. It appears that the Courts below have miserably failed to decide the question of limitation in the instant case. The decision arrived by the Courts below upon the question of limitation suffers from illegality in law ..Category: Property Law | Date: | Hits: 30
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......of 1987.
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should ..
Category: Labour and Industrial Law | Date: | Hits: 93
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......petitioner. 3. The respondent No.1 in the writ petition contested the rule by filing affidavit-in-opposition stating that they did not refuse to pay the bill but the same was kept under review and decision would be taken after completion of the review. 4. Against this backdrop, the High Court ..Category: Others | Date: | Hits: 82
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ent land to give saham from plot No. 125 to the parties as per preliminary decree given by the court the decree was not executable, the court below committed error of law resulting in an error in the decision occasioning failure of justice in accepting the Advocate Commissioner’s report and passin..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ...... notice of requisition as well as acquisition was served upon the said Abdur Razzak. Respondent No. 3 utilised only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as ..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......al Clauses Act the word “person” in Article 102(2) (i) and (ii) of the Constitution would include a juristic person like a company incorporated under the Companies Act. According to the aforesaid decision, even a company incorporated under the Companies Act performing function in the affairs of ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....f our Constitution runs as under: “There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provision of this Constitution, shall be vested the legislative powers of the Republic”. There is thus no scope for the Court to assume the powers and......ng the citizens from working it leads to huge economic loss to the nation. 6. Mr. Maksudur Rahman, the learned Advocate for the petitioner, while arguing in support of the Rule has referred to the decision in the case of Bharat Kumar Palicha and another Vs. State of Kerala and others reported in ..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ng the said 20th, 21st and 22nd AGMs. Pursuant to the said condonation of delay by the High Court Division, the Board of Directors of the respondent No.18 company vide resolution dated 6.12.2007 took decision to hold the 20th, 21st and 22nd AGMs on 10.01.2008. The record date for the said 20th, 21st..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......on whether the plaintiff has a right of passage over a piece of land which is being claimed by the defendants as their land is essentially a personal one and it has been submitted to the Court for it decision on the question. Acceptance of the verdict of the Court on a certain dispute, subject to th..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......he trial Court dismissed the suit of the petitioner. Appellate Court appears to have considered no oral evidence at all. The conclusion of the appellate Court on possession is influenced by its wrong decision on the deed of lease. Such finding on possession based on total non‑reading of the eviden..Category: Property Law | Date: | Hits: 27
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36....... other accused persons might have gone there but this fact does not indicate that they were involved in the commission of murder of the deceased. In this connection the learned Advocate referred to a decision reported in 33 DLR 320, Ismail Sarker alias Sudan Member and others Vs. The State: Wherein ..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......at the IRO cases are maintainable. 9. In this connection, it may be said that although the learned Labour Court arrived at a correct finding but its reasonings are not happy but its ultimate decision is correct and we maintain the same. In that view of the matter, we do not find any scope t..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n a democratic country with an independent judiciary the jurisdiction of Superior Courts are not to be interpreted to have been taken away, and if it is so intended, it may be done by the appropriate legislative or constitutional authority by express words and not by implications." 12. Mr. Hu......tal principles of judicial procedure. 11. Mr. Huq also referred to the case of Jamil Hoque and 11 others vs. Bangladesh reported in 34 DLR (AD) 125. In that case upon consideration of several decisions from different jurisdictions of the Subcontinent including All India Reports it was observ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ...... 5. Respondent Nos. 2, 3, 4 and 5 have appeared and opposed the Rule by filing a joint affidavit-in-opposition denying the assertions made in the writ petition contending, inter alia, that as per the decision of the District Monitoring Committee dated 14-12-1996, the godown of eight dealers at Sadar..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ....... The Court below failed to appreciate this legal aspect of the case in accordance with section 10 read with section 151 of the Code and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 10. In view of the above, the Rule is made absolute...Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... the appeal filed against the conviction to give him an opportunity so that he can explain his position and come out of the conviction. In support of his submission the learned Advocate relied on the decision reported in 4 BLT 124, In that decision this Court condoned the delay of 1649 days on the g..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......im was not corroborated by any independent evidence and as such, the same cannot be relied. According to him, the learned Judge of the trial Court evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Sheikh Rezaul Karim, the learned Assistant A..Category: Criminal Law | Date: | Hits: 82
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......nce a property comes within the definition of 'enemy property' within the period of 6-9-65 to 16-2-69 subsequent taking over of such property is permissible, but not otherwise."
17. From the above decision of the Appellate Division, it is clear that if a property assumed the character of 'enemy p..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......d lastly, that the judgment and decree impugned in this Rule being the judgment of affirmance there is nothing to interfere by this Court in revision. In support of his submissions he relied upon the decision reported in 22 DLR 655, 27 DLR (SC) 138, 17 DLR (SC) 315, 37 DLR (AD) 361 and 48 DLR 579 pa..Category: Property Law | Date: | Hits: 34
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