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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.......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.......barred, it merely says when the facts involved require taking detailed evidence the petitioner may file a suit instead of filing an application under section 43 of the Companies Act 1994. However the jurisdiction of the Company Court is not barred. 33. The jurisdiction of the Company Court, o..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....ted and the rent receipts Exhibit 3 series have not been considered along with the oral testimony in arriving at a finding of possession of plaintiff in the suit land and consequently, there has been total misreading and non consideration of the material evidence occasioning failure of justice. The ......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.......al tenants. The Courts below having not considered this aspect of the case committed error of law occasioning failure of justice and in this regard reliance has been made on different cases of Indian jurisdiction. First case is the case of Nibaran Chandra Ghosh and others Vs. Pratap Chandra Chowdhur..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. ......nce of settlement officials or fraud of the private landlords Nripendra Nath Ghosh and others, the lands were recorded in their names most illegally. Taking advantage of such illegal omission and the absence of the private landlords Mr. ATM Nurul Islam, husband of the petitioner, who was posted at D......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. ..Category: Property Law | Date: | Hits: 107
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
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.......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.......nder section 7 of the Muslim Family Laws Ordinance cannot render the divorce ineffective if the conduct of the husband appears to be so. This view of ours finds support from the authority of Pakistan jurisdiction and in this connection reference may be made to the case of Ganhar Vs. Mrs. Ghulam Fati..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....... 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.......this suit but illegally decided the question of title finally in favour of the plaintiff and without any documentary evidence of the tenancy decreed the suit illegally. The learned Judge exceeded his jurisdiction in deciding the question of title in the Small Cause Courts Act suit and further he has..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
.... the defendant No. 1 intimated the plaintiff about the transfer of the part LC value, which document contains a breakdown of different amounts of money payable to different business concerns from the total transferred amount of US$ 745,000.00. The breakdown shows that out of the total amount of US$ ...... be treated as a “sui generis instrument, “embodying a promise which, by mercantile usage, is enforceable without consideration. Be it as it may, the stark reality is that despite the conspicuous absence of an indispensable requirement namely, consideration, it is now beyond qualm that the theor......ecree against him. All that we can see in this respect is a sentence in the injunction petition which states, “As to the knowledge of the plaintiff, the defendant No. 1 has no such asset within the jurisdiction,” which is far from enough. We are rather inclined to hold that receipt of technical ..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.......a partition being made in pursuance of a final decree passed in a regularly constituted suit for partition and, therefore, the petitioner appellant did not cease to be a co-sharer in the case land in absence of such partition and lose his right of pre‑emption. To illustrate his submission he has c...... Act. 15. We do not find any illegality to have been committed by the learned Judge in disallowing the pre‑emption petition. It does not call for any interference by this court in its revisional jurisdiction. 16. In the result, the appeal is dismissed with costs. The impugned judgment and or..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.......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.......1 and 2 instituted the suit praying for a decree for declaration that the letter No. BHMMA-23/2002/184 dated 19‑10‑2002, issued by the defendant No. 2 to the plaintiff No. 2 is illegal, without jurisdiction and not binding upon the plaintiffs, contending, inter alia, that they are the elected ..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. ......o death, when he was holding her. After finding her dead, as was found by the trial Court, he might have wanted to avoid the liability by inflicting a cut on his own neck with the seized 'Dad. In the absence of any other circumstance or possibility, we find all circumstances indicate towards Abdur R...... 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. ..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.......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.......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...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.......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.......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...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.......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.......only failed to notice this material fact but failed to notice either section 27 or 32 of the Waqf Ordinance. 14. In the facts and circumstances of the case, the Waqf Administrator acted beyond his jurisdiction in cancelling appointment of and or removing the petitioner from the office of Mutwalli..Category: Trust/Waqf Law | Date: | Hits: 174
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......by the trial Court and acquitted all accused appellants of the charges levelled against them. 7. Against the said order of acquittal the complainant as petitioner moved this Court under revisional jurisdiction and obtained the present Rule. 8. Mr. SS Halder, the learned Counsel appearing on be..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...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....... 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....... 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...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.......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.......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...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.......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.......rcised legally and, as such, it cannot be questioned in this application. He then submits that rejection of the petitions by the Court of Settlement does not deserve interference by this Court in its jurisdiction under Article 102 of the Constitution. 5. We have perused the records of the case in..Category: Property Law | Date: | Hits: 59
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....e statement was made in the present grounds by stating that the detenu was arrested by the police while he was trying to flee away and the police chased him and caught him. This, according to him, is totally a baseless fact. The detenu, according to him, was detained again Am the jail gate in the ev......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.......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...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. ......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. ......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. ..Category: Election Law | Date: | Hits: 85
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