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Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ublic order. He also submitted that the past activities of the detenu and the situation prevalent at the relevant time cannot also be ignored. He had also cited various decisions of this Court and of Indian jurisdiction in support of his contention. 10. We, on principle, agree that in making t..

Category: Criminal Law | Date: | Hits: 113

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......­ported in AIR 1950 (Mad) 272 in support of his contention. 8. It may be pointed out at the outset that the decision reported in 1953 (Mad) 272 relates to a con­tract to sell a house situated in India by a non­resident foreigner and in a suit for specific perfor­mance of contract it was held ..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......e) 398; AIR 1955 Punjab 145; AIR 1945 Bombay 417; Jai Kishen Vs. Ram Lal Gupta, AIR 1944 Lahore 398; Jayantilal Jamnadas Vs. Chhaganlal Nathoobhai, AIR 1945 Bombay 417; Kumb­ha Mawji Vs. Dominion of India, AIR 1953 (SC) 313; Firm Shriram Haracharandas Khamgaon Vs. The President, The Court Seed Forw..

Category: Procedural Law | Date: | Hits: 93

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......te that Suresh Majumder who prayed for transposing 12 co-plaintiffs to the category of pro forma defendants has not obtained their consent at all. Co-plaintiff Nos. 4,5,11,14,17 and 18 having gone to India and settled there, Suresh Majumder without obtaining their consent prayed for transpos­ing th..

Category: Procedural Law | Date: | Hits: 82

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......is not barred by any law it has to be looked at with some suspi­cion unless proved by very reliable evidence and circumstances. In Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347 Supreme Court of India discouraged a decree for specif­ic performance of a contract on the basis of an agreement sup..

Category: Property Law | Date: | Hits: 90

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......gladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (SC) 315; Union of India Vs. Sankalchand Nimatal Shoth and another, AIR 1977 (SC) 2328; SP Gupta and others Vs. Preside..

Category: Constitutional Law | Date: | Hits: 353

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......e of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner ..

Category: Constitutional Law | Date: | Hits: 421

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......R 1952 (Bom) 16; Madhavan Pillai Vs. State of Kerala, AIR 1966 (Kera) 212; Chowdhury Mainuddin Vs. Deputy Director, Military Und and Cantonment, AIR 1956 (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pn..

Category: Criminal Law | Date: | Hits: 202

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......ity of the writ petition, as it appears in Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851 the election disputes were in respect of election of Members of the Parliament of India and in 41 DLR (AD) 68 and 42 DLR (AD) 137 the Appellate Division relied on the above decisions..

Category: Election Law | Date: | Hits: 211

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ......ordships of the Appellate Divisions in paragraph 7 which are as follows: Dispute related to an assessment of customs duty on some betel nuts imported by the plaintiff-respondents from Java to British India in 1932. Section 182 of the Sea Customs Act gave power to Customs Officers "to confiscate, to ..

Category: Procedural Law | Date: | Hits: 124

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......ladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: The Rule is discharged. Cases Referred to- AIR 1996 SC 11 Tata Callular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan and others, 2002 BLD (AD) ..

Category: Others | Date: | Hits: 174

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......k ‘F’) in respect of Holding No. 6A/8, Block F Joint quartet, Mohammadpur (Ka-26). 2. The case of the petitioners is that their father late Mr. Bashir opted for Pakistan after partition of India and came to East Pakistan in the last part of 1947 and has been living therein with his wife A..

Category: Property Law | Date: | Hits: 90

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

.... No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In bo......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..

Category: Criminal Law | Date: | Hits: 116

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......use by filing an affidavit-in‑opposition. 3. The short case of the petitioner is, that the petitioner Abdul Khaleque migrated to the then East Pakistan on 3.3.1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domic..

Category: Property Law | Date: | Hits: 90

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......n be said that the charge on its face or the evidence, even if believed, does not disclose any offence." 18. In Nagawwa Vs. Veeranna Shivalingappa Konjalgi, AIR 1976 SC 1947, the Supreme Court of India while laying down the guidelines and grounds on which proceedings under section 561A of the Co..

Category: Criminal Law | Date: | Hits: 112

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......odi and Brojo Lal Todi became the tenant of the petitioners and continued the said Glass Works therein. In the year 1965 when the disturbances broke and the owners of the Glass Works were migrated in India and the said Hardeo Glass, Aluminium, Enamel and Silicate Works was declared as enemy property..

Category: Property Law | Date: | Hits: 85

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......r had six tea companies in Jalpaiguri and he migrated to former East Pakistan in 1947, purchased Shahabazpur Tea Company in 1950 and Rema Tea Company in 1951 with the sale proceeds of the property in India. His father died on 4-7-69. He had several houses in India and he sold the same in 1947-48. ..

Category: Property Law | Date: | Hits: 109

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....Judgment April 12, 2009. Result: The appeal is allowed. Cases Referred to- State Vs. Monu Meah, 6 BLC 402; Ramzan Vs. the State, PLD 1961 (P.W.) Lahore 167; Dinanath Sundraji Ravte Vs. Emperor, 60 IC 1006; Khetal Vs. Emperor, AIR 1923 All. 352; Tara Vs. King Emperor, AIR 1924 All 72; ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..

Category: Criminal Law | Date: | Hits: 75

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and others, 45 DLR 375; High Commissioner for India Vs. IM Lall, 1948 AIR PC 121 = 52 CWN 761 (PC); Yusuf Ali Khan Vs. Province of Panjab, PLD (19..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......he property subject to the annuities and bequests shall go to Calcutta University to be spent for the advancement of education amongst Hindu females of Bengal. 4. After the partition of Bengal and India in the year 1947 and the creation of Pakistan as an independent State, the Administrator Gener..

Category: Trust/Waqf Law | Date: | Hits: 166