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Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

.... the decision referred to in that connection by the learned Advocate for the appellant has no application to this case. Next, it is contended by the learned Advocate for the respondent that it is not disputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defe......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....ract instrument, which is indeed the arbitration clause of the contract, the clause which the opposite party used as their chariot, Clause 28, reproduced verbatim, reads as follows, All questions and disputed between the parties to the contract, other than those in which the decision certificate and......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....from service, no illegality has been committed by the Corporation. The Corporation did not violate any law, rule or regulation and did not also act beyond jurisdiction. The writ petition filed on the disputed question of facts was not maintainable and the Rule was liable to be discharged. 6. Th...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 156

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....re not maintainable. 8. We have heard the learned Advocates of both the sides extensively. In deciding the question regarding custody of minor children we refrain from making any comment about the disputed question of facts and rival contentions narrated in the petitions, affidavit‑in‑opposit......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......titioner and several others for pre-emption under section 96 of the State Acquisition and Tenancy Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case la..

Category: Property Law | Date: | Hits: 113

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

....d share in the 1st schedule land. Turning to issue No.1 relating to the maintainability of the suit the learned Subordinate Judge was of the view that. "The plaintiffs are out of possession of the disputed properties and as such this suit for simple partition without prayer for declaration of tit......eritance. The learned Subordinate Judge noticed the entries in the record of right and held that the plaintiff and defendant No.1 were heirs of Akram Ali and as such their claims were recorded in the khatian of the 1st schedule land which belonged to Akram Ali. He further held that the entry in the ..

Category: Property Law | Date: | Hits: 93

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ng necessary steps. 8. In the instant Rule it appears that the petitioner has challenged the proceeding as initiated on the basis of the FIR as lodged against the petitioner and another. It is not disputed that no police report has yet been submitted on the basis of the said FIR. The petitioner h......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oners as re­spondents at the time of hearing of the said appeal and as such this can not be raised now. I have heard the learned Advocates and considered their submis­sions on this point. It is not disputed that while dis­posing of the application of the contesting defen­dants, the plaint of the......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..

Category: Procedural Law | Date: | Hits: 174

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......h died leaving two sons Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving only son Sukmon Singh who inherited the entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Da..

Category: Property Law | Date: | Hits: 123

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....d in section 27(1) of the Special Powers Act." 14. Thus from the provisions of section 27(1) of the Special Powers Act and the principle laid down in the above quoted decisions it is clear and un­disputed that the Special Tribunal has the power and jurisdiction to exercise such power of taking c...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..

Category: Criminal Law | Date: | Hits: 103

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

.... the Republic. The petition is against the Judgment and order dated 29‑9‑92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, Dhaka). By that order the Court excluded the disputed property from (ka) schedule of the list prepared under the relevant provision of Ordinance ......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....ng before the date of knowledge and that she had instituted the case as soon as the case land had been improved at huge costs. The High Court Division though observed that the point of imitation is a disputed question of fact which can be determined on the basis of the evidence on record but on the ......is based on non-applica­tion of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has considered both oral and documentary evi­dence, particularly the khatians and came to the con­clusion that the heirs of Elahi Box are admitted co-sharers. The Court..

Category: Property Law | Date: | Hits: 138

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... where these were opened and six dead bodies, cut into pieces, were recovered from the said drums. The recovery of the dead bodies of Biraja and her 5 children from inside the drums on 14-9-89 is not disputed by the defence. 39. P.W.18 Md. Abul Hashem is the chairman of Horoshpur Union Parisha...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....would defeat the provision of any law or would cause in­jury to the right or to the property of others would also not be enforceable being against public policy. 29. In the instant case it is not disputed that the contesting Chamber of Commerce and Industry are public representative bodies, repr......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

....diction. 9. There is no dispute that a proceeding was drawn up against the respondent No.2 and an Enquiry Committee was constituted to enquire into the charges levelled against him. It is also not disputed that the said Enquiry Committee constituted by petitioner held the inquiry and found the re......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

.... after the poll. He submitted that there is nothing to show from the contents of the election petition or from any evidence on record that any such prayer was made before the Presiding Officer of the disputed 2 centres for‑recounting of the ballot papers at the time of counting after the poll. He ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....illing a written objection denying the allega­tions. 3. During the trial while the D.Ws. were being examined, opposite party No.1 filed an application for re-counting of the ballots polled in the disputed centers. The peti­tioner opposed the prayer. By an order dated 10.07.1986 the Election Tri......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..

Category: Election Law | Date: | Hits: 309