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Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......der dated 20.04.2003 sustaining the record. Against that order Md. Yunus Ali Molla preferred appeal before the appellate authority being Appeal No.61228 of 2003 and the appeal officer by the impugned decision dated 08.02.2004 allowed the appeal setting aside the record prepared in the name of the pe..Category: Property Law | Date: | Hits: 28
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......3 in the Court of Senior Assistant Judge Madhabpur, Habigonj, for declaration that they are entitled to represent No.4 Digolbak Union Parishad under order 1 Rule 8 of the Code of Civil Procedure, the decision taken by No. 4 Digholbak Union Parishad for constructing permanent office of the said uni..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......ish in jail for indefinite period for no fault of their own. 8. In the memo dated 7-5-2001 of the Senior Jail Superintendent, it is mentioned that Ministry of Foreign Affairs has not yet taken any decision regarding the return of Myanmar prisoners. We have no materials before us as to why the Min..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... of his submission, Mr. M. I. Farooqui refers to the provisions of the Electoral Rolls Ordnance 1982, the Bangladesh Citizenship (Temporary provisions) Order, 1972 (P.O. No. 149 of 1972) and also two decisions of the High Court Division and one decision of the Appellate Division of the Supreme Court..Category: Election Law | Date: | Hits: 94
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280....... pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the contending parties. One of the fundamental principles governing a decision on amendment of the pleadings is that all possible controversies between the parties, as fa..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......oters were deprived of exercising their right of franchise and opposite party (Election Petitioner) was entitled to get a verdict under Rule 45 (b) of Union Parishad Election Rules. In recording that decision appellate Judge took into account some authorities of our jurisdiction. 15. Feeling diss..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... once and for all. As such, instead of sending the case back on remand I have decided to consider myself the questions raised by the learned Appellate Judge. Reliance in this respect is placed on the decision of the Appellate Division in the case of Attor Mia and another Vs. Mahmuda Khatun Chowdhury..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....sfaction of the court to have been written by the same person. But it does not specifically say by whom such comparison may be made. Construed in the light of English law on the subject, which is the legislative source of this provision, it is clear that such comparison may be made by a handwriting ...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......a different family will also not have the effect of destroying the character of the schedule property belonging to an undivided family. The learned Advocate in support of his contention refers to the decisions reported in 10 DLR 318, 7 PLR (Dhaka) 945 and 42 DLR (AD) 53. 7. Mr. Kh. Mahbubuddin Ah..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......cedure which is not illegal and can not be said to have curtailed or infringed the legal or constitutional right of any citizen including the petitioner in the instant case. 6. Mr. Karim cites the decision in the case of Hazi Joynal Abedin Vs. State 30 DLR 371, By that decision a legal conflict c..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....at of the legislature, it is the rule of construction of the statute that the enactment shall control the rule. Thus the rule making authority could not exceed its power in derogation to the power of legislative enactment. The Appellate Division in the case of Kazi Md. Amirul Islam Vs. Secretary, Mi......was delivered dated 14-1-96. When sub-rule 10(2) was in force but though the Appellate Division did not declare the same as ultra vires of the Act instead, ignored the same. Similarly in a subsequent decision in the case of Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law Justice..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......e—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......endants seeking a decree declaring that the general meeting dated 15-5-1997 and special general meeting on requisition dated 7-7-1997 and the meeting of the managing committee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option o..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......r any of the powers which may be exercised by the High Court Division under section 439. (2) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon to such person shall be final. (3) An…………………..Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......ubmits, ad-interim order of mandatory injunction directing the defendants Nos.1 to 3 to restore possession is not only misconceived but also clear abuse of the process of the Court. He also cites the decisions in the case of Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry o..
Category: Civil Law | Date: | Hits: 84
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......rred to the case of Kassarbai Vs. Jothabhai Jivan reported in AIR 1928 Privy council, 277. In that case it was held that they would have thought it unsatisfactory and dangerous in any event to take a decision in such a case as this on the correct determination of the genuineness of a signature by me..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......y defect in respect of the accounts maintained by the assessee applicant arbitrarily rejected certain items illegally which is not sustainable in law and in support of his Contention he relies on the decision of the Case of Sagorika and Co. Vs. Commissioner of Taxes reported in 27 BTD 87. The learne..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ...... the work of the sheet piling was received by the plaintiff and he had no outstanding dues on that account. In 1979 Shah Ali Hossain committee on elaborate discussions with the plaintiff gave him the decision in September, 1979 that the claim on account of sheet piling could not be accepted. Thereaf..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......al. After admission of the appeal he should have served notice upon the respondents fixing a date for hearing, giving sufficient time to allow them to appear and answer the appeal on such day and his decision to the contrary cannot be sustained in law and is liable to be set aside. There is no provi..Category: Procedural Law | Date: | Hits: 81
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......t advise and considering the evidence on record both the Courts below concurrently found that there was no independent advise to the plaintiffs while executing the deeds in question and further the decisions cited by the learned advocate of the petitioner in respect of section 92 of the Evidence A..Category: Property Law | Date: | Hits: 26
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