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....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......laimant in the suit. But the Court may, under the above provisions, at any stage of the suit order addition of a party and generally, it is a matter of judicial discretion which is to be exercised in view of facts and circumstances of a particular case. On the question, our Appellate Division has he..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......itute any offence against accused Labu Mia. He then submits with reference to the application submitted by the Investigating Officer himself dated 9-1-2001 filed before the Court on 10-1-2001 that in view of clear admission of the Investigating Officer that accused Labu Mia was a child of 4/5 years ..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......erefore satisfied that the learned execution court, acted illegally and without jurisdiction in passing the impugned order occasioning failure of justice. 8. We are not unmindful of the consistent view held by this Court that an application under section 115(i) of the Code of Civil Procedure is n..Category: Civil Law | Date: | Hits: 92
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ssee company answers the description of an industrial company is involved in the exploration and extraction of gas and distribution thereof and, as such, both the DCT, AJCT and the Tribunal taking an erroneous view of law disallowed the rebate to the assessee company which it is entitled to enjoy as......ny answers the description of an industrial company is involved in the exploration and extraction of gas and distribution thereof and, as such, both the DCT, AJCT and the Tribunal taking an erroneous view of law disallowed the rebate to the assessee company which it is entitled to enjoy as an indust..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......nquiry. The Huda Committee submitted a report that the plaintiff submitted additional bills for Taka 1.93 crore for non-tender items and in fact, received Taka 1.33 crore in excess. That report was reviewed by Mr. Wahid, Chief Engineer. He found that the plaintiff submitted additional bills for Taka..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......es. According to him, the accused petitioner in order to cheat the complainant issued the cheque knowing fully well that he had no money in his account. 4. Mr. Khurshid Alam Khan in support of his views referred to the cases of Latifa Akter Vs. State reported in 19 BLD (AD) 20, 51 DLR (AD) 159 an..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......ch day and his decision to the contrary cannot be sustained in law and is liable to be set aside. There is no provision of law allowing appeal without serving any notice to the respondents. 20. In view of the discussions made above we find that the impugned order passed by the learned District Ju..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....al reasons such as enmity with P.W.3 and possibility of false implication at his instance, non-wearing of mask by the accused and as such the order of acquittal passed by the High Court Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere s...... January 24, 2010. Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Review Petition for Leave to Appeal No.18 of 2007. (From the judgment and order dated the 20th and ..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518....... Revision No.2843 of 2008. A Single Bench of the High Court Division after hearing discharged the rule. 6. Mr. A. J. Mahammad Ali, the learned Senior Counsel for the petitioner submitted that in view of the clear and specific case of the defendant that the agreement for sale was forged and that..Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ed in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, being not complied, the deeds were not valid documents in the eye of law. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......n the name of the ancestor of the defendants." 12. It further appears that the plaintiff could not prove their possession in the suit land either by oral and documentary evidence. 13. In such view of the matter all the courts below correctly decided the matter in favour of the defendants and..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......rt as well as the Court of Appeal below having relied upon the said document and having decreed the suit, the High Court Division committed error in dismissing the suit without con-d document. In view of the above, the submissions o the learned Counsel for the petitioners deserves consideration...Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......er that the plaintiff alleging exclusive possession in his favour was not entitled to decree for khas possession by mere asking thus, committed error of law occasioning failure of justice. 5. In view of the above, the submissions of the learned Counsel for the petitioners deserve consideration...Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 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) 501.......purchase by one Keshob Lal Ghosh; that Keshob Lal Ghosh purchased the land described in schedule 'Kha' to the plaint which is a clear proof of his being owner of the 'Kha' schedule land within the purview of Sections 91 and 92 of the Evidence Act. Admittedly, Momatazuddin Ahmed and others filed Titl..Category: Property Law | Date: | Hits: 29
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......time and the writ-petitioner having paid the entire amount as determined by the Bank within the time fixed by the bank, the bank is bound by its promise which was acted upon by the writ petitioner in view of the principle of law. The learned Advocate further submitted that the writ-petitioner having..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......etween the parties and observed that the decision given relating to the said deed in an earlier suit between the parties is a matter of merit to be decided at the time of trial of the suit. 10. In view of the above findings and decisions of the learned Judges of the High Court Division, we do n..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......nd possession in the suit land, are the employees of defendants. The plaintiffs also produced the supporting documents relating to death of Kabir Ahmed marked as exhibit 1 series. The defendants in view of their alleged loss of the original sale deed produced the relevant register from the office ..
Category: Property Law | Date: | Hits: 38
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 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) 467.......tle to the suit land by adducing reliable oral and documentary evidence. It also appears that the statements of the defendants are contradictory and as such, not acceptable in the eye of law. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......ce of the roof top space was TK.7,87,500.00 (Taka seven lac eighty seven thousand five hundred). The Company has failed to make the payment. 12. It is further stated in the application that with a view to seeking business opportunities outside Dhaka the Company applied to the Ministry of Post and..Category: Company Law | Date: | Hits: 197
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