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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....e, whatever be their colour or creed, according to law, without fear or favour, affection or ill-will. Regrettably the Editors, without, appraising themselves of the law of contempt, have taken an erroneous stand against this Court and the Judges which is most unfortunate. The aforementioned st......ss contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:…………………….. 158. No matter wha..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......ntary affidavit stating that the respondents after converting the vacant space reserved for mosque, community centre, school, etc, into residential plots allotted the same to different lessees and in view of protest of residents of section 5 published a revised place of section 5 wherein space for p..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ...... I find, under section 29 of the Local Government (Union Parishad) Ordinance 1983, the decision of the District Judge in appeal is final and shall not be called in question in or before any Court. In view of such provision, the jurisdiction under section 115 of the Code of Civil Procedure is very li..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......isions, the Court is empowered to appoint arbitrator or umpire in any of the cases as enumerated in clauses (a), (b) or (c) of sub-section (1). Facts of the instant case nearly attract clause (a). In view of clause (a), the Court can appoint arbitrator only when the Court is satisfied that all the c..Category: Alternative Dispute Resolution | Date: | Hits: 186
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... and that the appellate Court had no authority to accept such written statements that there is no provision in the Code as to whether the ‘answer to the appeal’ should be oral or written. In such view of the matter, the appellate Court accepted the written statement and rejected the objection of..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......pplicable this Court cannot extend the period of limitation and we hold that the subsequent deposit is no deposit in the eye of law and, as such, the Memorandum of Appeal cannot be entertained.
In view of the above we hold that this Memorandum of Appeal has not been tendered within the provision ..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......o a separate and distinct class and legislature can make stringent law against them and such law is not violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. In view of the same we find that classification of the defaulting borrowers into a separate category an..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......ctively the same has also become final as per proviso to Rule 3(3) of the VAT Rules 1991. The impugned letters dated 7-7-1997 and 14-7-1997 have lost its validity and have become a nullity as well in view of the approval of the basis of the price in 1998 and acceptance of VAT at that price since 199..Category: Fiscal/Taxation Law | Date: | Hits: 91
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......ay of 1320 days took place; he submitted that the explanation given by the petitioner is vague, the negligence and laches on the part of the inefficient Government officials do not come within the purview of sufficient explanation for condonation of delay. Moreover, a primary school teacher to the d..
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......ng temporary injunction and in the event of the dismissal of the appeal for default law again, permits to apply for re-admission of the appeal order 41 rule 19 of the Code of Civil Procedure. In that view of the matter, I do not find any substance in the submission of the learned for the opposite pa..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......iffs did not enforce the collection of octroi and submission of aforesaid declaration at the very entry point of import as that could have been done under the Rule. 17. He also pointed out that in view of section 68 of the Khulna Municipal Corporation Ordinance, 1984 the plaintiffs, respondents h..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......aced the trial. He could also prefer jail appeal with copy of judgment, which he was legally entitled to get free of cost. So delay in obtaining certified copy is a flimsy ground as well. 12. In view of the clear available legal evidence, on the basis of which, impugned judgment of conviction a..Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......er Order 21 Rule 90 of the Code of Civil Procedure on 25.08.2005 is not entertainable and further the application filed under Section 57 of the Artha Rin Adalat Ain, 2003 is also not maintainable, in view of the fact that the judgment debtor filed earlier another application under Order 21 Rule 98 r..Category: Civil Law | Date: | Hits: 79
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......espondent No.1 for disposal. As per the Ordinance, Respondent No.6 is the competent authority for taking a decision in granting Trade Organization License in favour of any organization. We are of the view that it would be fair if both the applications are placed before Respondent No.6 along with a..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......trial court and the court of appeal below concurrently found that the plaintiff has been in possession of the suit land and the defendant petitioners admitted his possession in the suit land and in view of such finding, the High Court Division rightly held that there was no illegality in decreeing..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....t considering that the trial court found actual exclusive possession of the land of suit jamas with the defendants which finding was not reversed by the appellate court, but the High Court Division erroneously by making a fresh appreciation only of oral evidences found possession of the plaint......indings of possession decreed the suit. Learned counsel further contended that the learned Judge of the High Court Division erred in law in failing to advert to the point involved in the suit that in view of the provision of sections 89 and 181 of the Bengal Tenancy Act, the plaintiffs can not acqui..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......tloners separated the jama without service of notice upon the other co-sharers and thus this mutation would not stand on the way in pre-empting the holding and that the pre-emptors are co-sharers. In view of these findings of fact the High Court Division upon correct assessment of the materials on..Category: Property Law | Date: | Hits: 22
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... river and the prior to the establishment of aforesaid K.D.D.B. new market the plaintiffs have operative their shops at Nutan Bazar but the local administration forcibly close down Nutan Bazar with a view to start K.D.D.B. new market and accordingly, the plaintiffs with the permission of K.D.D.B. co..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......to the submissions made on behalf of the heirs of defendant No.20 that the matter be remanded to the trial Court with a direction upon the Advocate Commissioner to allot saham in their favour. In view of the joint prayer, the High Court Division discharged the rule and directed to the trial Cour..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......hed with Palong Sub-Registry Office. This is not a legal ground for presenting a deed to a different Sub-Registry Office within whose jurisdiction the lands covered by the deed are not situated. In view of the above, learned Single Judge of the High Court Division observed "Section 28 of the Regis..Category: Property Law | Date: | Hits: 21
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