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Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......bordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for collection of t..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......n caused inconvenience plaintiff demanded partition by metes and bounds but it was refused and hence the suit. 5. Defendant No.3 Ayes Ali alone contested the suit filing written statement. Defence case in short is, that suit property was owned by Adam who died leaving 6 sons namely Amir Ali, Jona..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......alundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......t be set aside or such other order or orders passed as to this Court may seem fit. 2. The opposite party No.2 filed a petition of complaint before the Court of the Upazila Magistrate, Feni, and CR case No.85 of 1985 was started on such complaint. Process under sections 147, 323 and 447 of the Pen..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... of this Court vis‑a‑vis the powers of this Court under the unrepealed section 100 CPC. It is desirable that this question should be sorted out at the outset before entering into the merit of the case. Mr. JN Dev further lays stress that this Court under the present revisional power cannot trans..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......hy the respondents shall not be directed to absorb and appoint the petitioner as an Assistant Teacher of Goalundo Shahid Smrity Girl's High School with effect from 1.1.86 with all benefits. 2. The case of the petitioner is as follows: After the petitioner passed his MSc Examination in Physics ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......will be decided under that provision. But a third party cannot intervene at that stage and force an inquiry into his title or possession on an unwilling decree‑holder for the simple reason that his case does not fall under s.47 and no inquiry into his title or possession is contemplated under rr.3..Category: Civil Law | Date: | Hits: 89
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......ha) of section 19(1)/20/22(ga) of the Narcotics Control Act, 1990 (the Act, 1990) was started against the respondents and another. 4. Police after investigation submitted charge sheets in both the cases against the appellant and another on 27-11-2007 under item Nos.5 and 9(Kha) of the Table to se..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... or on behalf of the third party or is acting for the benefit of the third party. The agent, on the other hand, is acting for the benefit of his principal and the remuneration or Commission, as the case may be, for the service of the agent will be decided as per terms of their contract and the n..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......t petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitioners not to recover the said amount from him. Subsequently, the case was re-numbered as Administrative Tribunal Case No.106 of 2003. The present petitioner No. 2 co..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse 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: ......o.260 of 2010 arising out of Sreenagar P. S. Case No. 03 dated 09.11. 2010 under section 396 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Munshiganj. 2. Prosecution case, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigon..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......ment. They withdrew the money suits filed against the respondent No.1 and duly transferred their shares in favour of the respondent No.1 In the above agreement dated 15.7.85 it was stipulated that in case the respondent No.1 does not fulfill the terms of the agreement or is unable to clear the Pubal..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......against one Syed Altaf Hossain, brother of the petitioner, alleging, inter alia, that the petitioner's said brother had been caught with US $2,65,000/‑ concealed in 5 powder cages. Accordingly, the case under section 8 of the Foreign Exchange Regulation Act, 1947, sections 16 and 156(8)(89) of the..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......dinance No. XXXIII of 1961 and hence the present suit comes within the mischief of the section. Inviting my attention to the decision of the Judicial Committee of the Privy Council in the well known, case of Secretary of State Vs. Mask, AIR 1940 PC 105, an argument has, however, been attempted to be..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......ntainability of a suit should be raised at the earlier stage of the proceeding and all the issues should be decided together keeping in view of the evidence and the facts and circumstances of the case. The learned District Judge further observed that the suit was not also barred by any law eithe..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......dpur Police Station. 3. Police after investigation submitted charge-sheet against the accused, Md. Nazir Ahmed and his wife Mrs. Tahmina Akhter under sections 406/420/109 of the Penal Code and the case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. The Metropolitan Magis..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ...... No.2 and left the place of occurrence and went towards the sea. On 4.9.90 the Master of the injured vessel lodged an FIR with the Double Mooring Police Station, Chittagong, which was registered as a case on 4.9.80. The owner of the injured vessel is Proforma Defendant No.4 who by its letter dated 4..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... the impugned order is illegal in as much as the learned Additional Sessions Judge exceeded his jurisdiction in directing the Magistrate to hold judicial inquiry while ordering further inquiry in the case thereby obstructing the hands of the learned Magistrate in the exercise of his jurisdiction. In..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......th the suits are the same it is always convenient to get the suits heard by the same Court before which those are pending in order to avoid conflicting judgment. In the facts and circumstances of the case, I am inclined to hold that if the two suits are heard by the same Court one after another simu..Category: Procedural Law | Date: | Hits: 51