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Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......ppears that an application was filed by the 1st party‑opposite party in the Court of the Chief Metropolitan Magistrate, Dhaka under section 154 of the Code of Criminal Procedure in respect of the disputed property and by order dated 27‑4‑93 learned Magistrate directed OC Cantonment PS to ma..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ccounts of the company to conceal the company money by them by creating fraudulent accounts. 8. Mr. Md. Abdul Malek learned Advocate appearing for the petitioner in these Rules, contented that the dispute is between the majority and minority share holders of M/s. Master Industries Limited and the..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......r specific performance of the same contract against defendant Nos.1‑4 but as village elders asked both the parties to withdraw pending cases both in criminal and civil Courts for settlement of the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecut..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......property belonging to a partnership firm named Laxmi Bhandar. The plaintiffs claim that original defendant Sirajuddin Mollah was their tenant but subsequently the payment of rent to them and then the dispute arose between the plaintiffs and the original defendant Sirajuddin Mollah who denied the rig..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......m the ear. Being informed her father took her to Sylhet and arranged her treatment. On the assurance from common relation she again came to the petition’s house at Dhaka and it was decided that the dispute would be finally settled after his return from London where he was to go in connection with ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... and the annexures also it is found that the matter having been dealt with by the review forum recommendation was made by the forum for the reinstatement of the petitioner in his service. There is no dispute with regard to the constitution of the review forum and the report submitted by the forum. T..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ed that while functioning as the elected Chairman of the said Union Parishad he suddenly fell ill and was compelled to take leave for 3 months under the provisions of section 15 of the Ordinance by a resolution of the Union Parishad dated 16.9.92. By the same resolution Mr. Ebayed Ullah Khan, a memb......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......breach of peace over the matter. 7. It appears from sub‑section (1) of section 147 of the Code of. Criminal Procedure that a Magistrate of the 1st Class can exercise jurisdiction if there is a dispute likely to cause a breach of peace regarding any right of user of any land or water. It is cl..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......mmad Hoque Chowdhury, being dead his heirs: Mohammad Ali and others). In para 5 of this decision it has been observed as follows:
“As to the observation of the High Court Division that the disputed figures in the judgment were put deliberately by the trial Court, we do not find any basis ..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......ent. Against the cancellation of the agreement Lithi Enterprise Ltd., the respondent, invoked the arbitration clause of the agreement and asked the BTTB to appoint an Arbitrator for settlement of the dispute, but the BTTB did not comply with this request for arbitration as a result of which the resp..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......minor defendant No. 2 in respect of her 1/3rd share on the view that the contract on behalf of the minor defendant No.2 by her mother defendant No.3 was void. 15. In the instant case there is no dispute that Ahmed Hossain, original owner of the suit property, died leaving defendant No.1 as his ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......r arrear wages of the seaman is the first charge and as the seaman has got priority the claim of the petitioner to encash the bank guarantee furnished by the defendant 3 is to be allowed. There is no dispute that the wages of the seaman is to be paid on the priority basis. Mr. Ahsanul Kabir placed r..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
......tiffs company, he misappropriated the money in question.
2. After entering appearance the defendant appellant filed an application under section 34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the comp..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......d as a witness or recall or re‑examine any person in attendance though not summoned as a witness or recall and re‑examine any person already examined who are expected to be able to throw light in dispute because if judgments happen to be rendered on inchoate, inconclusive and speculative present..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ......9, rules 1, 2, and 3 of the Code of Civil Procedure as below: “Order 39, rule 1, Where in any suit it is proved by affidavit or otherwise, (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wr..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......suit was governed by Article 120 of the Limitation Act and relied upon the case of Mahalinga Nadar Vs. Vanapathi Subbien reported in I.L.R. 27 (Madras) 528 (Full Bench). 9. There is no dispute that the late Halima Khatoon had a current account bearing No. 586 with Eastern Banking Corp..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......ourt's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her name and married Abdul Khaleque voluntarily have not been disputed by the opposite party under oath. The Medical Examination report was neither challenged nor..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......r registers. As we have already noticed that the said Toka farags are neither in the name of any of the plaintiffs nor in respect of the suit land. Merely because the said Zamindars are not coming to dispute the claim of the plaintiff it could not be said that the plaintiffs got settlement of the su..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......t Division in its writ jurisdiction on the same ft6ts and for the same relief although he is precluded from filing a fresh suit. 13. Before coming to the conclusion we may state that there is no dispute between the parties that the present writ application is based on the same facts on which an..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.... had nothing to do with his profession as a member of the Bar Association. The Association cannot impose any restriction towards holding of such post. The Bar Council did not at all consider that the resolution directing the petitioner to tender resignation from a post which has no connection with t...... and circumstances as discussed above, we are of the opinion that the Bar Council did not exercise its power as required by law and dismissed the appeal without considering and deciding the points in dispute, holding that the appeal was premature and acted without lawful authority in not allowing th..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
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