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Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......llaneous Case No. 3125 of 1997 (arising out of Criminal Revision No. 72 of 1987 and NGR Case No. 132 of 1987) making the Rule disposed of directing the first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a dec..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. .......I.T. to acquire any property without prior permission of Government of Bangladesh and, also, right to lease out property in favour of any institution. 20. Learned Subordinate Judge with the above decisions dismissed the suit. 21. Plaintiff having been resentful of the above adjudication sough..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ...... own name as Champak Lata and did not execute in the name of another person, as such there is no question of committing forgery and thus the High Court Division committed error in law in the impugned decision in not acquitting the convict petitioners upon sitting aside the conviction and the sentenc..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......s 11 (2) and 14 of the Code of Civil Procedure but no amendment could be made as in the case resorting to Order XXI rule 17(2) in the instant facts and circumstances of the case and referred to the decisions reported in 18 DLR 595 and 14 DLR 649. 10. Mr. Rafique‑ul Huq has also..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......authority for the allotment of the land for the purpose of constructing a hospital and thereupon inquiry was held, that the Allotment Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment mad..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......rate also the defendant paid rents regularly upto 1382 BS. In the last part of Chaitra 1383 BS the plaintiff Bank proposed to enhance the rate of rent but payment of rent was not received for want of decision from the Head Office of Uttara Bank. In the year 1384 BS the defendant proposed to re-fix t..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ...... Sayed Ahmed and others reported in 29 DLR (SC) 13. He submits that the notice under section 106 of the Transfer of Property Act has been duly and legally served upon the defendant and in view of the decision in the case of Sultana Vs. Syed Ahmed reported in 19 DLR 42 the trial Court has rightly hel..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... 14. And Article 65(1) provides that there shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution shall be vested the legislative powers of the Republic. 15. Provided that nothing in this clause shall prevent Parl......authorised order of detention. But before those orders were signed, Dr. Rafiqur Rahman and Mr. Khan Saifur Rahman, learned Counsel for the District Magistrates, urged upon the Court to reconsider the decision so far as it relates to the respective District/ Additional District Magistrates. They subm..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... the prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court committed illegality ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....to occupy in person the said property during his temporary absence from the place although the entire members of his family had been residing at the said house all the time. It can never be the legislative intent that a person who was required to go outside his country on account of some law......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......iction can go into the question of voidness of the direction. 17. In Ridge Vs. Baldwin, (1964) A.C. 40 the majority of the Law Lords held that failure to give an opportunity of hearing fenders a decision void and nullity. Lord Reid observed, "Then there are considerable argument whether in..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......o. 7 of 1969 and further stating that they are necessary parties in the present suit and as such they should be added as defendants in the suit for ends of justice. It have been held in the aforesaid decision that: "The present appellants are not claiming through the defendants of the presen..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......be an illegality to order him to deposit the consideration money together with the compensation prior to the determination of the issues as to limitation and co‑sharership i.e., prior to the decision in the case either allowing or rejecting the pre‑emption or the application of the c..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......of Corporation's Board of Directors at its 174th Board Meeting held on May 8, 1993. It is the allegation of the writ petitioners that on successful completion of 3 years as required under the Board's decision dated May 8, 1993 they were not absorbed as, permanent employees. The petitioners completed..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ...... a neutral person to preside over it Annual General Meetings, without prejudice to anybody as it was done in similar other occasions. In support of his contention the learned Counsel refers to the decisions reported in AIR 1952 Mad 60, PLD 1968 Dhaka 610: 38 DLR (AD) 296. Section 81..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......rson absconds or fails to appear, the procedure as laid down in sub‑section (1) shall not apply and the Court, competent to try such person for the offence complained of, shall, after recording its decision so to do, try such person in his absence." 15. The factual aspects of this case ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......entation officer, who being a witness cited in the prosecution report, was withheld without explanation the High Court Division was in error in maintaining conviction of the appellant basing its decision of the condition in the undertaking given by the appellant that Master roll for each i..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......polling stations are being set up at Naldanga and Panchapolli in place of Debipur and Joypur respectively. The plaintiff came to know from the election office that defendant Nos.1 and 2would take the decision as to the setting up of the new polling stations before the date of withdrawal of the candi..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......t (90th) Board meeting held on 22‑12‑93. 8. The appellant wrote again on 4‑1‑1994, 22‑2‑1994 and 14‑5‑1994 to the Board to reconsider its decision, but the Company refused to do so. With respect to the dividends of 18 percent declared i..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... dated 24‑9-1987. The petitioner sent representation to the BSRS authority for getting the post of Librarian on 15‑11‑1987 vide annexure yo. Thereafter, the authority took its final decision in the matter by issuing a letter date 23‑4‑1988 (Annexure‑Ka). Thus the ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84