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Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......nce of East Pakistan in respect of the disputed Khatian. The case of the Province of East Pakistan was that the names of the respondent and his co-sharers were recorded as a result of fraudulent transaction between the respondent and his co-sharers on the one hand and some of the revenue authorities..

Category: Property Law | Date: | Hits: 115

Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......…Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers who procure the issue of the ..

Category: Business or Commercial Law | Date: | Hits: 365

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......icient material to assume that manifest or patent injustice has been done. The High Court will, especially at an interlocutory stage, not interfere unless the impropriety is a flagrant one and prompt action is necessary to prevent an injustice. The High Court Division seldom interfere in the prelimi..

Category: Criminal Law | Date: | Hits: 66

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......defendants contested the suit by filing written statement denying the case of the plaintiffs stating, inter-alia, that the suit of the plaintiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; t..

Category: Property Law | Date: | Hits: 66

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......he disputed building should be excluded from the ‘ka’ list of abandoned property. 9. Mr. MI Farooqui has submitted before us that after the above two Judgments the Government has not taken any action for excluding the disputed building from the list of abandoned property by notifying in offic..

Category: Property Law | Date: | Hits: 77

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ilding is situate, does not spread over to Begunbari Canal. 52. He was quite momentous in arguing that the Court cannot order demolition unless the regulatory body does so, because it is the satisfaction of that body, rather than that of the court, that is what the opposite statute contemplates. ..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... got the information of sale from the people and then by giving Talashi and getting certified copy of the same on 17.12.1995, got the specific information about the same and on that date the cause of action of the case arose. The sale deed was listed in the Balam on 23.10.1995 under section 60 of th..

Category: Civil Law | Date: | Hits: 192

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....€” For the Opposite Parties. Civil Revision No. 1863 of 2007. Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior A...... of such power exists." 29. In the case before the Appellate Division, the Government of Bangladesh made an inadvertent error by referring to a wrong section of the Army Act in taking the impugned action, which was subsequently regularized by passing subsequent order making it effective from the ..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ...... Cognisance Court No. 3, Jamalpur are hereby quashed. The stay order granted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..

Category: Employment/Service Law | Date: | Hits: 238

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......r notifying the con­tending parties and to pass appropriate legal order. Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Criminal Law | Date: | Hits: 177

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...... State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Peti..

Category: Criminal Law | Date: | Hits: 151

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......ken into consideration……………………………(36) Section 34 of the Penal Code recognizes the principles of vicarious liability in Criminal Jurisprudence. It makes a person liable for an action of an offence not committed by him but by another person with whom he shared the common inten..

Category: Criminal Law | Date: | Hits: 153

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... Code, 1898) implicating themselves in the commission of murder. However, the accused Abdul Latif and Md. Nurul Alam filed two separate applications dated 30-1-1994 and 16-2-1994 respectively for retraction of their confession recorded earlier. 4. After investigation police submitted charge sheet..

Category: Criminal Law | Date: | Hits: 170

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....chased the portions of land in plot 40 and 48 described in schedule B from defendant No-11. 16. The land described in schedule C, D and E comprises the whole of the land described in sched­ule B. Cause of action of the suit has arisen in last part of 1975 and then on 16-6-1978. The property is a......e portions of land in plot 40 and 48 described in schedule B from defendant No-11. 16. The land described in schedule C, D and E comprises the whole of the land described in sched­ule B. Cause of action of the suit has arisen in last part of 1975 and then on 16-6-1978. The property is agricultur..

Category: Property Law | Date: | Hits: 149

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ...... of extreme emergency which only would confer jurisdiction upon the Magis­trate to pass an order under the proviso of sub-section (4) of section 145 Cr.P.C. as the Magistrate had in fact stated that action must be taken "at once". He has further ur­ged than the impugned order was illegal and witho..

Category: Criminal Law | Date: | Hits: 88

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ...... the appointed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credit. The parties carried on the said business transaction for many years since 1960. After that to­wards the end of 1980 dispute started between them ..

Category: Criminal Law | Date: | Hits: 67

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... to its original file and number and the same will proceed in accordance with law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......although the petitioner rejected the said offer by its letter dated 19-6-2003 and 4-8-2003. By accepting the said amount the Bank has waived all claim against the petitioner and there was no cause of action against the petitioner. But the Bank filed Artha Rin Suit No.182 of 2005 against the petition..

Category: Civil Law | Date: | Hits: 176

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......ut the Court is to be on guard so that the great deal of value of the right given under Article 102 is not frittered away or misused as a substitute for more appropriate remedy available for unlawful action invoking no infringement of any fundamental right...............................(14) Admin..

Category: Administrative Law | Date: | Hits: 455

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......dated 31-12-90 requiring the petitioner to pay turnover tax at the rate of 2% of the total turnover and submits quarterly return thereof within seven days of receipt thereof failing which appropriate action was threatened to be taken under the Ordinance. 8. Upon receipt of the letter, the petitio..

Category: Administrative Law | Date: | Hits: 491