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Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......f the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......ecorded under section 161 of the Code of Criminal Procedure were not actually recorded by the Investigating Officer but by another Officer who retired long before examination of those witnesses. This question is purely a question of fact. However, as the Rule was issued to ascertain the truth or oth..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......stry of Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots No.110 and 11......etition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots No.110 and 111. The s..Category: Property Law | Date: | Hits: 28
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......nvolved: MA Samad, Advocate—For the Petitioner. Enayetur Rahim, Advocate—For Opposite Party No. 1. Civil Revision No. 3643 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at ......ound on behalf of the defendant to press the application. The application was however heard in presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without eviden..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. Then Alimuddin died in the year 1979 leaving ......a, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. Then Alimuddin died in the year 1979 leaving behind the plaintiff, hi......court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... any more. Mr. Chowdhury also submits that the Courts below did not at all consider the issue as to whether the deed dated 25-8-77 was deed of gift or deed of Ochhiatnama and to decide the dispute in question it was required to examine the particulars of the property left by Alimuddin and also to ex..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....n 21-3-2000 opposite party No. 1 made an application under Order I rule 10 of the Code for addition. His case, in short, is that neither the plaintiff nor opposite party No. 2 has any right, title or possession in the suit land. Moreover, opposite party No. 2 migrated to India long ago and died ther......re that the petitioner as plaintiff on 11-1-2000 institute suit for specific performance of contract. His case is that opposite party No. 2 entered into a contract with him for sale of 3.315 acres of land at a consideration of Taka 2,37,000 and on receipt of Taka 2,00,000 opposite party No. 2 execut......others, 43 DLR (AD) 107; Muzaffar Ali and another vs. Monwara Hospital and others, 1999 BLD 484; Muhammad Ishaq vs. Jamila Begum and others, PLD 1955 Lahore 644; Surjya Kanta Majhi and another vs. Aswini Kumar Debnath and others, 16 DLR 238; Barjang Lal Agarwala vs. Aksed Ali Shaikh & others, 35......produced, the learned Subordinate Judge allowed the same by the impugned order. 6. Mr. Md. Ismail, learned Advocate for petitioner, submits that in a suit for specific performance of contract only question for inquiry whether the contract in question is genuine or not and whether the plaintiff is..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271....... is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......rt of his contention that under the provision of Industrial Relations Ordinance the Labour Court had no jurisdiction to determine what was the date of birth of the respondent No. 2 as it was purely a question of fact and referred to a decision, the case of Chairman, Power Development Board and other..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......ds at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......The aforesaid persons do not fall within the category of workers as defined in the Industrial Relations Ordinance, 1969 and the Employment of Labour (Standing Orders) Act, 1965. The voter’s list in question as published by the opposite parties vide their notification dated 13-7-1997 is illegal and..Category: Labour and Industrial Law | Date: | Hits: 99
....Works for getting lease of the land from the suit plot for constructing a hospital, that the Government held inquiry and the suit land was legally allotted to the company on 21-3-93, that accordingly possession of the allotted land was delivered to the company on 3-4-94 and the deed of lease was reg...... briefly, is this. Plaintiff is a registered co-operative society. The Society is the owner of a three storied super market building at 1, Darus Salam Main Road, Mirpur, within the City of Dhaka on a land of about three bighas leased out by the Government to the Society vide a registered deed of lea......copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......, either under law or contract, to call upon the plaintiff to participate in the allotment of the suit land or, in other words, plaintiff had neither legal character nor right to get the allotment in question.
10. P.W.1 deposed that the plaintiff Society applied for the allotment of the suit land..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....decreed on contest in the preliminary form and on 17-11-96 the preliminary decree made final. Then on 19-3-97 the decree-holder put the decree into execution in Other Execution Case No. 2 of 1997 for possession of the share as allotted. 3. On 6-1-98 the petitioners made an application under secti......party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No. 246 of 1981 for declaration of title and partition for separate share in respect of 56 decimals of land described in schedule-A to the plaint. On 30-9-90 the suit was decreed on contest in the prelim......€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment July 31, 2001. Cases Referred To- Md. Islam vs. Munshi Aabdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid......ity of raising some thatched huts by a judgment-debtor after the final decree in order to resist the execution, as was submitted by Mr. Shahidul Islam opposing the Rule, cannot be brushed aside. This question could only be raised and finally decided before the final decree was made. In the absence o..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......nd others................ Opposite Parties Judgment December 3, 2000. Cases Referred To- Sultana Jute Mills vs. Agrani Bank 46 DLR (AD) 174; Carabean Travels Ltd. vs. Eastern Bank Ltd. in Civil Revision No. 3542 of 1992; Sonali Bank vs. MS Ali Tannery 48 DLR 57; Kazi Sawaherul Islam (......little whether the High Court Division arrived at its decision on the counter-claim was not patently maintainable and there is nothing wrong in the finding of the High Court Division on this material question 6. It thus appears that in paragraph 22 relied on by Mr. Mahmud the Appellate Division a..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ...... wife were absent and he then advised the informant to take legal steps. In cross this P.W. stated that the informant used to work in the station and that raised a ‘Chhapra Ghar’ illegally on the land Railway Colony of the Railway Station and used to live there with his family. He further stated......and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
.... 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding No. 185 West Agarg......n application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding No. 185 West Agargaon. The application was numb...... This Case is also Reported in: 54 DLR (2002) 328. ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... in this case which warrants conviction. He further submits that the accused-appellant was neither First Information Report named nor he confessed his guilt inasmuch as nothing was recovered from his possession which may show that he took part in the occurrence. He then submits that saves and except...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......udgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ...... and he proved these confessional statements and his signatures thereon along with those of the confessing accused persons Exts. 5, 3 and 4 series respectively. In cross he claimed that all necessary questions were asked to the confessing accused persons and that necessary caution was also taken to ..Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....on, not exceeding twenty years, whether partly before and partly after or wholly after the commencement of this Order and the tenant or his successors-in-interest shall have the right to immediate re-possession on the re-appearance of such lands or portion thereof within twenty years of their loss b...... short, is as follows- The petitioner and his grand-parents were originally residents of Mouza Rohai Ramnagar, PS Sadarpur, District Faridpur. His grandfather Babar Mi Sheikh along with others had lands and homesteads in Mouza Rabairamnagar, PS Bhanga (now Sadarpur), District Faridpur. Due to ero......1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ...... and in Dohar Police Station, District Dhaka has been taken away, and is therefore, constrained to file this writ petition challenging the validity of the impugned order (Annexure ‘D’). 4. The question before us is, whether the petitioners right on his lands diluviated in 1991 and 1992 subsis..Category: Property Law | Date: | Hits: 68
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
...... from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......1. I have considered the submissions of both the learned Advocates, gone through the petition, affidavit-in-opposition, supplementary affidavit-in-opposition and papers annexed to them. The potential question in this case appears to me is, whether a notice to the applicants under Rule 23 of the Revi..
Category: Intellectual Property Law | Date: | Hits: 167
....y, ultra vires the Constitution and, is hence, non est through the vision of law. The petitioner in the Fifth Amendment case asked for a direction upon the respondents to hand over to it the physical possession of a cinema hall named Moon Cinema, engaging the grounds, amongst others, that the marti......bury-vs- Madison (1803) Cranch 137, Fazle Rabbi-v- Election Commission, 44 DLR 14, R-v-Wandsworth JJ ex-parte Read, 1942 1KB 281, R-vs-Lowle 1759 2Bnrn 834, R-vs-Hereford Magistrate Court ex-parte Rowlands, 1998 QB 110, Leech –vs- Deputy Governor of Parkhurst Prison, 1988 AC 533, R-v- Reading Crow......There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......2006, set aside.
2. Although the relief the petitioner asked for, is simple, the grounds on which he erected his claim to the aspired relief, invoke an issue of immense Constitutional importance, questioning the very validity of all the martial law instruments, inclusive of the proclamation of m..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....0, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defendants, opposite parties for recovery of possession under section 9 of the Specific Relief Act, hereinafter referred to as the Act. Plaint ca......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......Mohammad, Advocates—For the Petitioner. Probir Halder, Advocate—For Opposite Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 ......nherent power under section 151 of the Code to reject a plaint in extraordinary cases where relief sought for in the suit cannot be granted ultimately under section 42 of the Act. So, in deciding the question as to whether a plaint is liable to be rejected, the Court is always required to peruse the..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......posed of by this one judgment. 2. In both the Rules, the petitioner is same, i.e. Haji Md Selim, proprietor of M/s Bismillah Traders of 4 Akmal Khan Road, PS Kotwali Dhaka and he imported grey Portland cement from Indonesia through the letters of credit being Nos. 06980287-C dated 30-9-1998 and 0......erits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......f opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of customs duty on the questioned item was fixed at 37.5% Later on, some exemption was allowed as to import of the said ite..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......ies Nos. 1 and 2 made an application under section 96 of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above Court of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite parties Nos. 3 and 4 in favour of the petit......d others………………………….Opposite Parities Judgment July 2, 2001. Case Referred To- Md. Azizul Bari vs. Ismail and others, 19 DLR 184. Lawyers Involved: Md Nurul Amin with Hamida Chowdhury, Advocates — For the Petitioner. Surajit Bhattacharya, Advocate—For ...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of the respondent No.1 but only to harass the respondent No.1, Mr. Faezul Huq again through his former Assistant Private Secretary filed this writ petition. He has also pointed out that the main question as to whether the respondent No.1 was a defaulter or not is to be decided by the Election T..Category: Election Law | Date: | Hits: 88
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