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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. ......-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. ......pon the Government. But from the discussions above it is found that the lower appellate Court made such finding arbitrarily which is not at all based on evidence on record. 14. Considering the facts, circumstances, evidence and the submissions of the learned Advocates of both the sides I find..Category: Property Law | Date: | Hits: 32
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....d by Act VIII of 2003 which has also been named as "অর্থ ঝণ আদালত আইন ২০০৩". The provisions as to definitions laid down in section, 2, 4 & 5 being more or less identical, we find it needless to discuss more about its application on the face of the provision la......ed a "Reconciliation Committee" consisting of five members to resolve the disputes out of court where the suit is pending and the bank concerned has been given the discretion to decide the issue in question upon considering the recommendations of the said "Committee". However; if disagreement occu...... petitioner Company has acquired a vested right on the basis of Bangladesh Bank memo mainly considered the ground of discrimination under Article 27 of the Constitution. Keeping this view in mind and facts and circumstances of these cases as referred above by the learned Advocate for the petitioner,..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. ......strict Judge. 21. For the reasons aforesaid, I find no substance in the submissions of Mr. Idris, I also find the first revision Court did not commit any error, which resulted in an important question of law occasioning failure of justice. 22. In the result, the Rule is discharged wi......he Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule are that the election of Nokia Paurashava in the District of Sherpur ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ...... directed against the judgment and order dated 20th April, 2009 of a Division Bench of the High Court Division in Writ Petition No. 10926 of 2006 discharging the Rule as not maintainable. 2. Short facts stated in the Writ Petition are that the respondent No. 2 instituted Title Suit No. 77 of 2000..Category: Civil Law | Date: | Hits: 78
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. ...... 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. ......justment with the Yellow Book value which was much higher than the invoice/C & F value. 3. The High Court Division heard the above writ petition analogously with 12 other writ petitions as the facts and points involved in those writ petitions were more or less similar and the High Court Divis..Category: Fiscal/Taxation Law | Date: | Hits: 64
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......ed and registered the deed of sale in favour of the respondent-auction purchaser, as such, under the provisions of Sub-section (8) of section 12 of the Artho Rin Adalat Ain,2003, such sale can not be questioned. 3. Being aggrieved, the petitioners filed a civil petition for leave to appeal. It......Petition for Leave to Appeal No.524 of 2009, in respect of the judgment and order dated 01.02.2009, passed by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of..Category: Civil Law | Date: | Hits: 85
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. ......uch transfer, apply to the court for such portion or share to be transferred to himself or to themselves as the case may be, So, it is ex facie clear that one or more co-sharer tenants of the land in question may make an application for pre-emption. Of course, sub-section (4) of section 24 of the No...... co sharer in the land under pre-emption. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismissed the case on the observation, inter alia..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......p by garbage, and for the construction of his 18-storied building, he had to expend an excess amount of Taka 80,00,000 for foundation and piling. The defendant disowned such plea. 19. Now, the question that calls for our consideration is, whether the learned Subordinate Judge, First Court, ......, is directed against the judgment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being ..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. ...... 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. ...... of the trial Court by impugned order. 6. By filing an affidavit-in-opposition, Mr. Jafor Alim Khan, learned Advocate for the petitioner, read the agreement and submitted that in view of the facts that the agreement was unregistered and executed by opposite party Nos. 1 and 3 only and not..Category: Property Law | Date: | Hits: 27
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....ll contain a statement that such notice has been so delivered or left." 12. Section 91 of the Local Government Ordinance, 1976 and section 152 of the Paurashava Ordinance, 1977 were couched in identical language. In the case of Narayanganj Paurashava, represented by its Administrator, Narayan...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
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. ......615, 8 BLT 352 are the decisions on the point. 23. Lastly, the learned Counsel for the appellant, submits that the place from where the accused-appellant brought out the arms and ammunition in question was an open place accessible to everyone and there is every likelihood of plantation in the......e cross-examination of the prosecution witnesses it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case. After considering the facts, circumstances and evidence on record, the learned Tribunal was pleased to convict the appella..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.......ahim, Abdul Hakim, Abdul Sattar, Rahima, Rabiul, Anowar, Hamidul and Razzaqul Haider and he has been possessing the rest land mutating his name and paying rent to the government. 20. The pertinent question that calls for our determination is, whether the unregistered Heba deed dated 19-6-1948 and......ed 19-6-1948 is genuine one through which the title of the suit land has been passed to defendant No. 1; that the plaintiff has failed to prove her case; that the learned Courts below considering the facts and circumstances of the case and evidence on record correctly passed the judgment and decree;..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. ......d the seizure list (Exhibit 3), the sketch map (Exhibit 6) and the index (Exhibit 7). He stated that he perused the post mortem report and during the investigation arrested accused Roushan, who, upon questioning, admitted his guilt. He sent the accused to the Court for recording his statement under ......r as it relates to the prosecution of youthful offenders, since it encompasses the spirit of Article 28(4) of the Constitution. 57. Relevant date for the application of the Act. Although in the facts of the case before us it is not in issue whether or not the accused was a child/youthful offen..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. ......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. ...... This appeal is directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Tit..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. ......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. ......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 considering the materi..Category: Criminal Law | Date: | Hits: 40
Category: Others | Date: | Hits: 72
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. ......itioner enough opportunity of self-defence. The petitioner having never raised any objection regarding the conduct of the inquiry by duly constituted Enquiry Committee it does not lie in his mouth to question the validity of the Enquiry Committee. The Labour Court rightly found that the inquiry was ......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. ..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. ...... opinion that the respondent No.1 company did not take any loan rather, the loan was taken by the respondent No. 2, who has made payment of substantial amount to the petitioner. 26. Therefore, the question of default in making payment of the loan amount by the respondent No.1 Company even after s......nt No. 2 to the petitioner. 21. It also appears from the award given by the Arbitrator that the petitioner made a complaint against the respondent No. 2 to BSB. The respondent No. 2 explained the facts to the Managing Director of BSB. Thereafter, BSB informed the petitioner vide their Memo No. 2..Category: Company Law | Date: | Hits: 239