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Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....vocate for the defendant-opposite parties has found himself unable to defend this finding of the Court of appeal below. I am therefore of the opinion that the judgment of the Court of appeal below is totally unsatisfactory and the same suffers from various error. 21. There is another aspect of th......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....eference to the documents annexed to that Application, HELM had entered into two contracts, both dated 12-11-2006, with BCIC for the supply of two lots of 12,500 MT each of prilled urea in Bag with a total C&F value of US $ 6,812,500 and for two lots of 12,500 MT each of granular urea in bag wit......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ...... however, in any way be interpreted as permitting resort to the same to allow an effective appeal from an award passed by a tribunal chosen by the parties agreeing implicitly, thereby, to exclude the jurisdiction of this Court. It has also been brought home to this Court by Mr. Hossain that sections..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Old) at present khatian No.45 out of total area comprising 1.75 acres of land. 3. The facts of the case of the plaintiff-petitioners a......favour of plaintiff No.2 and delivered possession to the plaintiffs by the Surveyer and the plaintiffs had been owning and possessing the land in suit through a caretaker namely Shamser Ali. In the absence of the plaintiffs, the defendants taking advantage of their absence forcibly took possession......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....stered partition deed No.3003 dated 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got 10 decimals of land of plot No.8066 and 22 decimals of land of plot No. 8067, in total, 32 decimals of land and he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazed......fendants. The plaintiff filled up the land with earth but on 12.05.2004, the defendants illegally took possession of the suit land by erecting house made of corrugated iron and bamboo fences in the absence of the plaintiff. On 22.05.2004, the plaintiff requested the defendants to hand over possess...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....judicial functions. It is finally contended that the civil service as a whole is part of the executive and the subordinate to the political executives as the subordinate judiciary is also a part of total judiciary in a similar manner. 9. Dr. M. Zahir and Mr. Rokanuddin Mahmud appearing for the ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......be treated as inferior or sub-ordinate to judicial officers, nor the judicial officers be equated with or treated as subordinate or inferior to civil executive officers considering the nature and jurisdictional functions. II. Because neither any constitutional nor any legal right of the writ..Category: Constitutional Law | Date: | Hits: 441
....h May, 1967 from Karachi. After the independence, the property automatically stood vested in Bangladesh Government.
4. Subsequently as per letter of the Bangladesh Government dated 10.7.1973, in total 175 Jute Godowns and 14 Jute Press houses were sold out to the former Jute Trading Corporation......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......
12. The plaintiff prayed for declaration that the alleged invitation of tender by defendant Nos. 1 and 2 for selling the schedule property by auction or tender was without any lawful authority and jurisdiction.
13. Pro forma defendant No. 3 contested the suit by filing a written statement and ..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... attendance can not be procured without an amount of delay which, under the circumstances of the case, would be unreasonable. None of these circumstances is present in this case and the plaintiff has totally failed to make out such a case. He simply stated in the power of attorney, ext-X, that he be......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ...... the record no Court could, as a matter of legitimate inference, arrive at the conclusion that the finding is perverse or supported by no evidence but the High Court Division failed to exercise its jurisdiction against such perverse finding, or where the High Court Division was under a misappreh..Category: Procedural Law | Date: | Hits: 76
....dh, Jamini Kumar Loadh and one of the original owner by Saf kabala deed dated 10.4.1970 and 11.4.1970 sold .16 acres from ‘Ka’ schedule of dag No. 533 and 1.64 decimals of land of dag No. 535, in total, 1.80 decimals of land to Mohammad Shah Alam and plaintiff No.10 Fazlul Hoque. Thereafter, Moh...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... Vs. State reported in 55 DLR (2003), 36. In that case the High Court Division subscribing in turn to the ratio in Anisur Rahman & Ors Vs. The State reported in 1986 BLD (AD), 79 held that in the absence of any reasonable explanation forthcoming from the accused as to the departure of the deceas...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422...Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391....... Vs. Amritlal Seal and others reported in 50 CWN page 801 it was held that:
"When a suit is instituted against a person who is dead at the date of the institution of the suit, the Court has no jurisdiction to substitute the heirs of such deceased person under Or. 22, r. 10 of the Civil Proce..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ade without lawful authority and to be of no legal effect.
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) 416.
......ade without lawful authority and to be of no legal effect.
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) 416.
......ent and decree dated 7.9.85 having been passed by the Subordinate Judge, Dhaka in Title Suit No.459 of 1985 to the effect that the property in question was not an abandoned property it has ousted the jurisdiction of the respondents to enlist the same in the list of the abandoned properties and as su..
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......ctor of Customs, he is to file appeal and revision provided under the Customs Act. In the instant case we are of the view that without exhausting those remedies, the petitioner cannot invoke the writ jurisdiction of this Court in the facts and circumstances of the case. 10. On the grounds stated ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....perties found from Senabhaban and Bangabahban worth Tk. 49,72,265.67 and all these properties found in possession of the former President HM Ershad and found in his ownership at other place, in grand total , come; to Tk. 2,94,86,765.67 paisa. It has been stated in the charge sheet that he as an offi......in the Act of 1957 giving the accused a better opportunity to explain the, charges before he is put on trial and this subsequent law giving an accused that right cannot be just ignored because of the absence of similar provision in the prevention of Corruption Act 1947 under which the present accuse......ty but it was kept with him as President of the Jatiya Party, he being the President and this is the very money which is claimed by the said party by filing the money suit before a competent court of jurisdiction and the title of the said property being disputed and claimed in a suit the said suit o..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......pugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......be cancelled or suspended‑ (a) by the officer by whom the same was granted or by any authority in which he may be subordinate, or by any Magistrate of a district within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be, recorded in writing such of..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....he accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cross Chamber, 3rd floor, 87, Motijheel Commercial Area, Dhaka and the total share capital of that company is 124,00,000/=. The value of each share is Tk. 100/=. It is fur......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......ho on re‑appraisal of evidence on record concurred with the finding of the trial Court and dismissed the appeal. 7. Being aggrieved by the order passed by the 1st Appellate Court, the revisional jurisdiction of this Court was moved and the present Rule was obtained. 8. The learned Advocate a..Category: Property Law | Date: | Hits: 81
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