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Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......not on plaintiffs land and thereafter, vacated the status quo order. 8. This matter, it appears, does not arise out of any breach of a contract but out of an alleged tort and breach of a statutory duty. Under section 54 of the Specific Relief Act Courts may grant a perpetual injunction to preve..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ained that it is the law points that the petitioner was concerned with, rather than with any factual aspect. 32. According to him, as the newspaper concerned remained interlineated for a period in excess of 6 months, the authentication of Declaration accorded to Mr. Oli Ahad died a natural death ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......pector of police came to the house of occurrence and seized the alamats in his presence. 8. P.W.5, Enamul Kabir, a Sub-Inspector of police stated that at the time of lodgment of the ejahar, he was duty officer at the police station. He had recorded the ejahar and filled up the column of ejahar. ..Category: Criminal Law | Date: | Hits: 73
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......h Alam Vs. The State reported in 5 BLC 492. In 60 DLR 261 it is held: “…when it is established that the husband and wife were residing in the same house at the relevant time, the husband is duty bound to explain the circumstances how his wife met her death and in absence of any explanation..Category: Criminal Law | Date: | Hits: 114
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Code. 2. Informant Mirza Abdullah, a Sub-Inspector of Police lodged an ejahar with Fatullah Police Station, Narayangonj on 10.2.1988 alleging, inter alia, that he along with forces was on petrol duty to maintain law and order during the ongoing Union Parisad election in different polling center..Category: Criminal Law | Date: | Hits: 124
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.... considered before inflicting the extreme punishment. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the employer-petitioner, submitted that the learned Labour Court acted in excess of its power in reassessing the evidence and in taking evidence to disprove the findings of t......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......shall be held within 3 months from date of appointment of the Board. On perusal of Annexure-A it appears that on 4th November, 2001 the ad-hoc Managing Board was formed. So in all fairness it was the duty of the said Board to arrange election within 3 months from the date of their appointment. But t..Category: Civil Law | Date: | Hits: 169
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483....... genuineness of the transaction. It is true that the tax authority is not entitled to reject the assessee's case summarily or arbitrarily or without sufficient reason. It is true that the authority's duty is to examine all the materials carefully and objectively. But if it is found that the authorit..Category: Fiscal/Taxation Law | Date: | Hits: 200
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......was murdered. 9. P.W.1 constable No.1834 Delwar Hossain of Rupganj Police Station carried the dead body of the deceased Monowara to the morgue and identified the same before the Medical Officer on duty. 10. P.W.2 Md. Safu Miah is the informant of the case and brother of the deceased. But he is..Category: Procedural Law | Date: | Hits: 155
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....ers 12 DLR 40 I.H. Chowdhury, J. held as follows:- "There is no doubt that every co-sharer is entitled to enjoy a joint property and, if he enjoys to the exclusion of the other co-sharers and in excess of his own share, he cannot be forcibly evicted from the joint land.................. The ...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....ave been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be not directed to refrain from approving any pl......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447....... applicant, whether expressly or by implication.” The term ‘obligation’ has been defined in section 3 of the Specific Relief Act which is as follows: “Obligation’ included every duty enforceable by law.” 12. To measure obligation in the present case is to consider wheth..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....S by their letter dated 13.12.89 informed the Rupali Bank that if the assets and properties of the borrowers is sold at a price exceeding the dues of the BSRS then the question of distribution of the excess amount to other claimants would arise; that in pursuance of the said second sale notice only ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......6(1) ipso facto does not make it obligatory on the part of the High Court Division to answer the question. If the party at whose instance the reference is made fails to appear at the hearing it is no duty of the court suo motu to decide the questions and deliver the judgment. This view of ours finds..Category: Fiscal/Taxation Law | Date: | Hits: 164
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....ime of such search of the house it was completely empty and it is not known for how many days or months it was so empty and that being the position it could not be said that no other person had any excess in that upper storied room of the tin shed from where those arms were recovered by the Rakkhi...... statement had clearly stated that he did not live in that village home but lives at Dhaka and he has no knowledge or information as to the existence of any arms in their house. 12. Defence has no duty to prove anything. It is the prosecution duty to prove the case beyond all reasonable doubts an..Category: Criminal Law | Date: | Hits: 97
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......of Chittagong and the lower appellate Court erred in law in decreeing the suit against the defendant No.3, the appellant. He further contends that there being landing of unmanifested cargo it was the duty of the consignee to locate the same following nil mark procedure and the consignee not having b..Category: Business or Commercial Law | Date: | Hits: 397
Category: Property Law | Date: | Hits: 116
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... the considered view of their Lordships in the AIR 1940 Allahabad 151 case that the decree holders are not required to file an application for proceeding with the pending execution case and it is the duty of the Court to proceed with the same Suo-Motu. The Full Bench of the Allahabad High Court cons..Category: Property Law | Date: | Hits: 94
Category: Election Law | Date: | Hits: 391