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Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......4 of the Mulla’s Principles of Mohammedan Law and also the condition imposed in the earlier order appointing the mother as guardian of the minor, and submits that the appellate Court below erred in law in affirming the order of the Assistant Judge in re-appointing the mother as guardian because by..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......ul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction aga..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......rocedure and obtained the instant Rule. 7. The petitioner is represented before this Court by Mr. Enayetur Rahim, the learned Advocate. He has submitted that the learned Subordinate Judge erred in law in not considering the appeal on merit. He argues that, when an appeal is properly brought befor..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......99 passed by the learned Magistrate taking cognizance under section 138 of the Negotiable Instruments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also R..Category: Criminal Law | Date: | Hits: 28
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......being of the view that proposed amendment was contrary to the nature and character of the main suit.
5. Mr. Niaz Mahmud, learned Advocate for the plaintiff, submitted that the Court below erred in law in refusing the prayer for amendment on wrong assumption that the proposed amendment will result..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......her PWs as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......la in question and if the consideration written in the kabala is deposited along with the statutory compensation such deposit cannot be considered to the insufficient or inadequate in accordance with law. So, the submission of the learned Advocate for the petitioner is acceptable on this point. 1..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......ribunal and by the impugned order the Taxes Appellate Tribunal maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribun..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......2 of the Constitution is for speedy relief and is for the vigilant and not for the indolent ones like the petitioners and is to be sought immediately after the grievance is caused, it is well settled law that laches and delay disentitle one to such remedy.”
13. On the point of delay reliance ma..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......ribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to which the appellant pleaded not guilty and claimed to be tried in accordance with law. 3. During trial prosecution examined in all 6 witnesses in order to prove the charge and non..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......he application submitting that if the decree holder Mahbubur Rahman felt aggrieved by the order dated 22-10-2001 he could have preferred an appeal or prayed for review of the order in accordance with law. Without taking any such step, the application made under section 151 of the Code is not maintai..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal there-against has been rejected without considering the aforesaid provision of law. 3. The rule issued therein was contested by the writ-respondent No.1, Bangladesh represented..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......ng the process of the registration of the deed of permanent lease of 1.68 acres of khas land in favour of the writ petitioner shall not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling upon the respondents..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....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) 707.......intiff is liable to be dismissed. 4. Mr. Asad Hossain Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-consideration and misreading of evidence and misinterpretation of l..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... denied plaintiffs claim of title as alleged in the plaint. 4. Mr. A.Q.M. Safiullah, learned Advocate, appearing for the petitioners submitted that the High Court Division has fallen into error of law in making the Rule absolute in Civil Revision Case setting aside the judgment and decree of th..Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......passed by the Commissioner of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appellate Tribunal w..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481....... 151 of the Code to grant a restraining order of injunction or stay in respect of further proceedings of a suit pending before the Family Court. So, he submits, the learned Subordinate Judge erred in law in refusing to grant an order of injunction or stay. In support he cites the Single Bench decisi..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......70. In other words there is no power of review. Therefore the subsequent decision of the Election Commission, if any, to accept the alleged result declared by the Presiding Officer, has no basis in law and must be struck down. 11. For all the reasons given above we hold that the petitioner has ..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......evision Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferred by petitio..Category: Employment/Service Law | Date: | Hits: 76
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