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Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropriate steps in accordance with law for removal of the said joint mutawallis, the opposite party Nos.1 to 3. Accordingly, this petit..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....ts have further stated that the requirement of completion of the enquiry proceedings within 180 working days has been done away with by gazette notification dated 10th May 1998 published on 16-7-1998 amending Rule 43(8) of the Service Rules, 1990 and, as such, the petitioners submission that the enq......ion No.7255 of 1997 and Writ Petition No. 7301 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved. 2. In all the above mentioned 3 writ petitions Rules were issued call..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......on of the Courts subordinate to the High Court Division. The High Court Division can interfere with any order, action, judgment and decree if it is satisfied that the same suffers from gross error of law by which a failure of justice has been occasioned. In exercise of this power the High Court Divi..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......d same view was upheld by Full Bench of the Bombay High Court. The result, of my meticulous consideration of the provision of section 16(3B) of the Family Courts Ordinance, 1985 which is a special law enacted for the purpose the judgment debtor cannot avoid payment of the money of the remaining i..

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......er alia, that the names of some of the members have been omitted from the register of members without sufficient cause whereas the names of certain other members have been entered into the register unlawfully. 20. While dismissing the said two leave petitions their Lordships in the Appellate Divi..

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......site Parties. Civil Revision No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The peti..

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......al position as enunciated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. ..

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records 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: 51 DLR (1999) 544.......strate who recorded the confessional statement of the accused, said that he recorded the confessional statement of accused Abul Kalam Mollah on 21-4-90 observing all the formalities as provided under law. He further claimed that the confessing accused confessed his guilt at his free will and that af..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..

Category: Criminal Law | Date: | Hits: 52

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ies Act, 1994 and by asking the petitioner to submit succession Certificate or Nadabinama after long 1, years they have acted beyond their authority, under their Articles of Association and under the law. 21. Mr. Rabindra Ghosh, the learned Advocate appearing on behalf of the respondent No. 1, su..

Category: Company Law | Date: | Hits: 194

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......ns made by the relevant authority calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law i..

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......inability of the suit in view of the provision of section 66 of the Code of Civil Procedure and his clear conclusion, considering pleading, is that the suit is barred under the aforesaid provision of law and dismissed the suit, From the judgment and decree of the trial Court the plaintiff appealed t..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......(Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......on of conjugal right and also for declaration that the divorce pronounced by the wife is illegal such direction for restitution of conjugal right as consequential relief is wrong and unenforceable in law. Such direction in matters of relationship between man and wife no longer holds good and is oppo..

Category: Family Law | Date: | Hits: 180

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......ct matter. The frame of the suit itself is necessary to be taken into consideration before deciding whether the suit is triable by the Small Cause Courts Act Court or not. It is a settled question of law that Court of Small Cause is not entitled to consider the question of title but incidentally it ..

Category: Civil Law | Date: | Hits: 89

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. ......ew of the consistent assertion by the plaintiff that the defendant No. 1 acted as the agent of the overseas buyer of garments as well as of the overseas supplier of fabrics and accessories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the oppos..

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....... point was already framed by the trial Court." With the aforesaid observation their Lordships allowed the appeal and sent the case on remand to the High Court Division for disposal in accordance with law. The aforesaid observation by their Lordships left a clear indication that a co-sharer loses his..

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....... imposed by section 12 of the Trade Organisation Ordinance of 1961 (Ordinance No. 45 of 1961), the suit is not maintainable and since it is barred under the said provision, the learned Judge erred in law in not rejecting the plaint. So far the orders of injunctions are concerned, the learned Advocat..

Category: Civil Law | Date: | Hits: 74