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SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......in the LC the defendant No. 1 instead of settling the dispute through arbitration to which he previously agreed started creating pressure on defendant No. 2 bank for the payment of technical fees. In view of the defendant No. 1’s persistent pressure and in the face of defendant No. 2’s threat th..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......on suit finally determines the rights of the co-sharers in the land. Hence, the application for the pre‑emptor respondents on the basis of co-sharership is not maintainable." Supporting the above view learned Advocate for the appellant has tried to impress upon us that a co-sharer does not cease..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......rders of temporary injunction, the petitioners filed the instant revisional application. 5. Mr. Quamrul Haque Siddique, the learned Advocate appearing on behalf of the petitioners, submits that in view of the bar of suit imposed by section 12 of the Trade Organisation Ordinance of 1961 (Ordinance..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......r close scrutiny of the section, we do not find any scope of filling for final report meaning not sending up any for accused for trial and separate report for sending up any accused for trial. In our view, one report is sufficient to serve both the purposes. 43. In the case before us, we also cou..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......aragraph No. 6 of the plaint from which it appears that the Cheque No.779197 was presented for the first time on 12-11‑1998 and then on 29‑11‑1998 and for the last time on 3‑1‑1999. In this view of the fact it cannot but be accepted that the cheque in question was presented before the Bank..Category: Criminal Law | Date: | Hits: 28
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......uant to admission of the appellant lethal weapons like pistols having been recovered from his suitcase he does not deserve bail and that if bail is granted the accused may leave the country. 9. In view of the peculiar circumstances of the case and the fact that the appellant is in custody for 18 ..Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......point the petitioner Mutwalli because the post was not vacant. Hence, he held that the order dated 5-12-83 appointing Mr. Abdul Huq Mutwalli was infructuous and is required to be cancelled. Upon such view, the Administrator cancelled the appointment of Mr. Abdul Huq by his order dated 25-12-84. 5..Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
.... Advocate appearing for the defendant petitioner, submits that the finding of the trial Court that the defendant petitioner did not purchase any land appertaining to plot No. 40 of Khatian No. 960 is erroneous as the trial Court failed to construe the title deed Exhibit ‘Ka’ along with the Town ......ression “dwelling house belonging to an undivided family” refers to a family dwelling house. It does not mean any house or building for human dwelling belonging to an undivided family. 11. In view of the materials and evidence on record it is difficult to accept the first submission of Mr. K..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602.......w itself. There is specific class of employees known as temporary employees, who are appointed for a specific period or as specific project or job, like that of temporary godown keeper. We are of the view that the appointments of such employees cannot be termed as probationers inasmuch as the appoin..Category: Labour and Industrial Law | Date: | Hits: 134
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......issuance and 15 days time for serving notice demanding money shall be counted from the date of return on first presentation. We have carefully examined the language of section 138 of said Act. In our view, such a cheque may be presented to the bank more than once but the cheque must be presented to ..Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......at both the applications filed by the petitioner are aimed at assisting the Court to make a proper equity into the matter as contemplated under section 10(5) of the Ordinance. He then submits that in view of the impugned order passed by the Court of Settlement the petitioner has been deprived of ade..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......inal lease deed before the Court of Settlement and thus the Court of Settlement was justified in rejecting the appellant's petition. 7. Learned Counsel appearing for the appellant argued that in view of the decrees passed in title Suit Nos. 113 of 1980, 408 of 1982 and 213 of 1985, the learned ..Category: Property Law | Date: | Hits: 65
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......nteed under the Constitution. In sub‑section (2), it is clearly mentioned that any District Magistrate or any Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f)(iii)‑(vii..Category: Constitutional Law | Date: | Hits: 161
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ...... by plot numbers and JL number but not by the entire Mouza, the Ward or Union as alleged by the petitioner. So, the impugned notification, Annexure-B to the petition, calls for no interference. In view of the above the Rule is liable to be discharged. In the result the Rule is discharged; without..Category: Election Law | Date: | Hits: 85
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......ts judicial mind and without considering the evidence and the provision of law most illegally and in an arbitrary manner handed over the conviction and sentence which requires its interference. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner..Category: Criminal Law | Date: | Hits: 46
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......d went elsewhere that is to say Shyamalal Saha and some others were in India and died there and Bara Kashem Ali Sarker and Hazrat Ali Sarker were in Pabna after exhausting their properties and in view of the matter the right of pre-emption should not have been disallowed by the trial Court. As a..Category: Property Law | Date: | Hits: 39
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
...., we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......le of Tanu Miah, although Tanu Miah's title was extinguished in 1931 and Abdul Huq Bepari by dint of a decree passed by a Court of law exercised his exclusive right and title in the suit lands. In view of the above, we find no substance in the submissions of the learned Advocate-on-Record for t..Category: Property Law | Date: | Hits: 47
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995.......63 lacs taka in quarterly installments in 5 years time. This very condition certainly implies that the non-payment of any of these installments will render the agreement liable to be cancelled.
In view of the above, we find no substance in the submissions of the learned Counsel for the petition..
Category: Banking Law | Date: | Hits: 191
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......n statements was that as the plaintiff owed money to defendants against the taking of fish feed from it on credit so it was not entitled to get any money from them (defendant Nos. 2-4). We are of the view that since defendant Nos. 2-4 took fish feed from the plaintiff it was their obligation to pay ..
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......18. It is further argued that 6th Annual General Meeting was never held. The respondents have not averred that 6th AGM was held and they have not produced the Notice/Minutes/Return of the 6th AGM. In view of that the supposed 7th AGM is illegal and held in violation of law and it is no meeting in th..Category: Company Law | Date: | Hits: 247
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