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Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......d was executed and registered in favour of Haji Abdur Rahim. During SA Operation, the RoR in respect of the suit land was wrongly published in the name of the Government of East Pakistan and with a view to remove the cloud Haji Abdur Rahim initiated Miscellaneous Case No. 221 of 1969 in the First ..Category: Property Law | Date: | Hits: 32
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......published on 11-7-1991) Annexure 'A' to the writ petition, constituted a high powered "Cell" with the administrative heads of different ministries, and other institutions run by the government with a view to identify the sick industries, the causes for its becoming a sick project and to give guideli..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......at on 15-9-2004 the petitioner made an application for calling the election materials for recounting of the ballot papers of Ward No. 4. The Election Tribunal heard the application and allowed on the view that recounting of the ballots would be essential for the ends of justice. 6. Against th..Category: Election Law | Date: | Hits: 99
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......he notification being SRO No. 41 dated 8.2.2000 exempting various goods including the imported used vehicles from compulsory pre-shipment inspection and further in the above circumstances and also in view of the subsequent Notification being SRO No.193 dated 5.6.2004, the petitioners were entitled t..Category: Fiscal/Taxation Law | Date: | Hits: 64
....assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194.......terference.
6. We have heard the learned Advocate-on-Record for the petitioner and considered the materials on record. We do not find any force in the point raised. The High Court Division, in our view, has arrived at the correct decision upon correct assessment of the materials on record. There ..
Category: Others | Date: | Hits: 92
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......s that the petitioner entered into a Distribution Agreement on 1-7-2004 with Asian Broadcasting FZ-LLC, a Dubai-based Company, to operate as the latter's licensee and distributor in Bangladesh with a view to operate STAR channels in Bangladesh for a period of three years (Annexure-'A').
3. Th..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......ismissed the case on the observation, inter alia, that the pre-emptor opposite party No. 1 is not a co-sharer in the land under pre-emption. 6. On appeal, the lower Appellate Court took a contrary view and found that the pre-emptor opposite party No. 1 is a co-sharer in the land and accordingly, ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....unsel for the appellant, is applicable in this case. We further hold, the learned Subordinate Judge discussed some irrelevant facts which were not at all the matter in dispute between the parties and erroneously decreed the suit, causing failure of justice. 31. The facts and the legal plea ta......vable, rather it is an absurd proposition. Before purchase the plaintiff should be aware of it (CAVEAT EMTOR). He added that one party to a contract cannot unilaterally alter the terms of contract in view of the provision laid down in section 62 of the Contract Act. He refers clause 26 of the lease ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......on 95 A of the Act and was accordingly, barred under section 96-(10)(d) of the Act. On appeal therefrom at the instance of the petitioners, the appellate Court dismissed the appeal and affirmed the view of the trial Court by impugned order. 6. By filing an affidavit-in-opposition, Mr. Jafor..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......l of land in the local Janata Bank and he became a defaulter and that his land has been attached and it has been sold in auction. This document proves that there was amicable partition among them. In view of that we are constrained to come to the conclusion that the impugned judgment and order of th..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....trial Court on the ground of maintainability of the suit although the trial Court, assigning reasons, found that the suit as framed was maintainable. He further submits that the lower appellate Court erroneously found that the suit was barred under section 91 of the Local Government Ordinance, 1976,......suit In such state of affairs, the High Court Division set aside the judgment of both the Courts below for non-compliance with the provisions of section 152 of the Paurashava Ordinance, 1977. Similar view was taken in the case of Zakia Sultana vs. Maksuda Parvin and others 8 BLC 168. Therefore, the ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nformant Sub-Inspector Solaiman PW 1 has taken any pain to prove that the accused kept the alleged adulterated mustard-oil for the purpose of sale which was "noxious" as food or drink. 15. In view of the ingredients of section 25C(1)(a) of the Special Powers Act, already quoted, it is clear ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ...... opposes the various contentions of the learned Advocate for the appellant and submits that the allegation of recovery of arms and ammunition with the direct involvement of police personnel cannot be viewed with suspicion, inasmuch as the testimony of police witnesses cannot be brushed aside simply ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... the prima facie possession of the defendant No. 1. Though SA record and rent receipts are not the evidence of title but of possession which follows from legal title. We received support of our above view in the case of Abdul Kader Rari and others vs. Kaiser Ahmed Howlader being dead his heirs Fatem..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......accused was at that time aged 15 years 21 days. Thereafter, he sent the case for trial to the Additional Sessions Judge, 1st Court, Jhenaidah, cum Nari-o-Shishu Nirjatan Daman Tribunal, Jhenaidah. In view of the earlier order dated 22-1-2001 with regard to the age of the accused, the learned trial J..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......tract Act the following words and expressions are used for the purpose of a valid contract: (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal;..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......pellant and the alleged offence. 8. After tarial the appellant was awarded such conviction and sentence. Hence the appeal. 9. No one appears on behalf of the appellant to support the appeal. In view of the facts this is an old case we are inclined to take it up for disposal on merit considerin..Category: Criminal Law | Date: | Hits: 40
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......n-compliance of the Rule as regards advice by the members will cause injustice or inconvenience to the adverse party if such requirements are said to be essential and imperative. We are of the view that the provision regarding advice to be obtained from the member is not mandatory. It is reco..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......d a huge amount of loan of Taka 1,93,70,000.00 to the respondent No.1 Company. If the company is wound up their interest will be highly prejudiced and they will suffer irreparable loss and injury. In view of the above the learned Advocate submits that they oppose the application for winding up of th..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ents of the written statement filed in their behalf. On the materials on record the learned Single Judge ought to have held that the amendment of the written statement was not bona fide." 12. This view also finds support in the cases reported in PLD 1982 (Kar) 111, 46 DLR 57, AIR 1961 (Bom) 136, ..Category: Property Law | Date: | Hits: 42
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