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Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......ain any sub-regulation as to the rate. It appears that Regulation 163(2) does not have any sub-regulations from which it could be enforced that the rent of open space shall be half of the rate. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....e terms of the contract. The learned Assistant Judge has resolved the principal issue involved in the suit relying upon the claim of the landlord without reference to the evidence which is absolutely erroneous. It is not expected or desired from a Court of law to resolve the main issue involved in t......ved by the land-lord expressly. Since it is apparent that there is a delay of 5 (five) days in payment of rent of the month of July, 1982, the respondent-tenant is liable to be evicted. 18. In view of the foregoing discussion, the appeal is allowed and the Judgment and Order passed by the Hig..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......36 AIR 197(1) SC 761.) 6. The next contention of Mr. Karim is that the presumption does not extend to the contents of the instrument. It is true that the section does not say so. But if we keep in view the true meaning of the expressions’ execution and ‘authentication’ set out above, it may..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
.... Board constituted under section 47C(2) of the Act by the Government, the decision of the learned Subordinate Judge treating the order of the respondent No.3 as final and the effect of decree is also erroneous. We find that the impugned order was passed on consideration of section 47J of the Act. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... 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. ......idered the submissions, of the learned Advocates and it appears that Mr. M Amirul Islam, the learned Advocate for the respondent Nos. 6.8, mainly questions the maintainability of the writ petition in view of the fact that alternative remedies are available under section 12 of the Trade Organisations..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......ity that the general principle is well settled, that the statutory requirement of election must be strictly observed. An election is not complete until the legislative mandate is complied with. In view of the above, the Rule is made absolute without any order as to costs. The impugned notificatio..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......n the policy was in force, that the claim was made by the plaintiff at earliest possible time and that the loss was assessed through joint surveys held by the surveyors appointed by the defendant. In view of such facts, the defendant No.1 cannot be held to have acted in good faith as obliged under t..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....er and surely beyond 3 years from the date of refusal in Chaitra, 1384 BS corresponding to April, 1978. In that view of the matter the finding of the learned appellate Court on point of limitation is erroneous and that cannot be sustained. For recurring refusal the limitation in a suit for Specific ......e figure 7 has been inserted by interpolation. Consequently the date of execution appeared to be fabricated. Thus the trial Court dismissed the suit. On appeal the learned. Subordinate Judge took the view that since last refusal was made in the last part of Magh, 1386 BS corresponding to February, 1..Category: Property Law | Date: | Hits: 55
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......ent on this Exhibit No. 9 as advance by the learned Senior Advocate Dr. M. Zahir falls flat. Accordingly, the issue No.8 is disposed of in favour of the defendant and against the plaintiff. 40. In view of the discussion and reasoning as above, this court finds that the plaintiff succeeds in provi..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......site party opposes the prayer for bail. 4. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 5. In view of the submission of the learned advocate for the petitioners to the effect that the Investigat..Category: Criminal Law | Date: | Hits: 71
Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)
.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... out of enmity and the case is now under further investigation there is no certainty as to when the trial will be commenced, and the petitioner is suffering from various complicated diseases, in that view of the matter he prays for bail of the petitioner. 5. The learned Assistant Attorney General..Category: Criminal Law | Date: | Hits: 67
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......s the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution..Category: Criminal Law | Date: | Hits: 58
Jamsher Ali Vs. State, 2011, 40 CLC (HCD)
....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ated in this case out of previous enmity and the petitioner surrendered on 16.3.09, till today the trial could not be started and there is no certainty as to when the trial will be commenced, in that view of the matter he prays for bail of the petitioner. 5. The learned Assistant Attorney General..Category: Criminal Law | Date: | Hits: 63
Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)
....he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......respondent opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 7. In view of the submission of the learned advocate for the appellant to the effect that the prosecution ..Category: Criminal Law | Date: | Hits: 80
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... convict appellant which she declined and in point of time there was an altercation in between them in which the convict appellant threatened his wife; that subsequently the convict appellant, with a view to mala fide intention, managed to bring the daughter of the informant took her to the unknown ..Category: Criminal Law | Date: | Hits: 60
Yasin Hossain Vs. State, 2011, 40 CLC (HCD)
....tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ondent opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submission of the learned advocate for the appellant to the effect that the prosecution ..Category: Criminal Law | Date: | Hits: 65
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......s the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution ..Category: Criminal Law | Date: | Hits: 65
Ershad Vs. State, 2011, 40 CLC (HCD)
....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ssed illegally. He further submits that there is a counter case between the parties, showing the self same date of occurrence and the petitioner has got fair chance of acquittal in this case, in that view of the matter he prays for bail of the petitioner. 6. The learned Assistant Attorney General..Category: Criminal Law | Date: | Hits: 53
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......bmits that this may be taken to be another conduct admissible under section 8 of the Evidence Act and, as such, based on the evidence of the witnesses the order of conviction should be maintained. In view of the positive evidence of P.W.6 that Hitlar, Mithu and Badsha, who themselves were present at..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......this case and those documents and papers have been marked as Exhibits 1 to 8. The Tender Notice has been marked as Exhibit 6 which is the vital document for actual and proper disposal of the suit. In view of the pleadings of the parties the trial Court framed 3 issues namely, whether the suit is mai..Category: Tenancy Law | Date: | Hits: 135
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