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....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.
......he Town improvement Act and in fact one of the nominees or the respondent No.4 namely, Mr. M. Ahad has been appointed in the Board of the Board of Trustee of DIT m 1963 and Mr. M. Ahad worked for one full term from 1963-1970, appointed vide notification dated 30.10.1963 and further that the responde......tain circumstance to be bound by his agreement or promise not to assert a right in future by way of a waiver of right because in an individual there always exists a right to agree to waiver the advantage of law which existed solely for the benefit of that individual and solely for his protection.
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Category: Civil Law | Date: | Hits: 162
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......r dated 7.3.94. Thereafter the learned District Judge heard the application again from both the sides on 10.5.1994 and passed the following order: "Heard the learned advocates of both the sides in full. Seen the order dated 7.3.1994 passed by the Honourable High Court Division by which the order ...... the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the summons on 16.2.92 and thereafter entered appearance in the suit through his duly engaged lawyer and filed an application on 24.3.1992 praying for time to file written statement. The sa..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......echnical Advisory Committee. Article 20 of PO 7 of 1973 empowers the Corporation to grant loan to borrowers. Article 21(1) speaks condition for granting loan as no loan can be sanctioned unless it is fully secured. Article 21(4) allows the Corporation to grant additional loan to a borrower. Article ...... be any default in payment of loan and for some other breaches of terms of the conditions in obtaining the loan and further empower the Corporation under Article 26 of sell any property pledged, mortgaged etc. So far as I see PO 7 of 1973 is beneficial to any citizen for constructing homes as it lay..Category: Civil Law | Date: | Hits: 198
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ...... Act is as follows: "48. Where a person purports to create by transfer at different times right in or over the same immovable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reserv......ceipt of the balance consideration from the plaintiffs; that on 24.6.78 the defendant Nos.1‑6 tried to take forcible possession of the suit land but with the help of local Matbars the plaintiffs managed to remove them from the suit land. The defendants claimed to have agreement of purchase from th..Category: Property Law | Date: | Hits: 154
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......s that the number of persons involved in the commission of the dacoity be 5 or more and not 5 or more persons should be charged for commission of such offence. This question has been settled by the full Bench decision of the Dhaka High Court in the case of Hachi Meah and another Vs. the State repo......ppeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; Emperor Vs. Chhudammilal, AIR 1936 Allahabad page 373; Hazard and others Vs. Empire, AIR 1947 Patna 157; Yasuf Sk Vs. Appellate Tribunal and ano..Category: Criminal Law | Date: | Hits: 142
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......ort prove beyond doubt that Elias was murdered. 9. That learned Additional Sessions Judge on consideration of the entire evidence on record, came to the conclusion that guilt of the appellants was fully brought home to each of them and being of that view lie passed death sentence on each of them .................Appellants Vs. The State............................................Respondent Judgment May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdu..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....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: 55 DLR (HCD) (2003) 557. ......tor who held post‑mortem examination on the dead body of the deceased has not been examined in this case. But fact remains that the post‑mortem examination report has been brought on record after full compliance of the provisions of section 509A of the Code of Criminal Procedure. However, the in......ecution witnesses are none but hostile/inimical with the accused and, as such, the learned Trial Court committed illegality on relying on their evidence inasmuch as prosecution embellished its case stage by stage by examining the persons who were not charge-sheet witnesses nor some of them implicate..Category: Criminal Law | Date: | Hits: 111
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......l gain by deceitful means and fraudulently and accused No.5 Tanjilur Rahman for engineering the whole misdeeds and accused No.5-7 abetted by witnessing the creation of the false Bainapatra, knowing fully in advance that it was a forged document. The said charge-sheet was submitted on 02.11.1982 by......ith section 109 of the Penal Code. 2. Facts leading to this Rule in short are that Opposite parties Mst. Halima Khatun, wife of late Sadaruddin Ahmed and Hosne Ara, wife of Abdul Wahed Khan of village Kandra of PS. Jhemdah, District Jessore submitted a petition to the Bureau of Anti-Corruptio..Category: Criminal Law | Date: | Hits: 117
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......impart instruction in the Homeopathic system of medicine may apply for recognition under this Ordinance. (2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely (a) the constitution and personne......r Homeopathic Medical College (2) Rajbari Homeopathic Medical College (3) Azizur Rahman Homeopathic Medical College (4) Gournadi Homeopathic Medical College (5) Bogra Homeopathic Medical College (6) Bagerhat Homeopathic Medical College (7) Chuadanga Homeopathic Medical College (8) Sylhet Homoeopathi..Category: Others | Date: | Hits: 154
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93......., 30 DLR (SC) 130. He has also referred to Rules 2 & 3 of Article III of the Hague Rules which are as follows: "2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried''. "3. Any clause......No.24 of 1969/44 of 1971 decreeing the suit in favour of the plaintiff for a sum of Tk.13,650,03/- with costs from defendant Nos.1-4 and 6. Defendant No.1 M/s. Hellenic Lines Ltd. and their local agent defendant No.2 M/s. James Finlay & Company Ltd. only have preferred this appeal. 2. Pla..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......ituted in his place as heirs and legal representatives. They prosecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on record both oral and documentary we are satisfied to hold ...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be 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) 539.......e dismissed by the Deputy Commissioner for incompetence or misconduct after a reference to the Chief concerned. The Deputy Commissioner will not be bound in either case by the wishes of the Chief but full consideration should be given to them. The appointment is not hereditary, but a son, when compe......their knowledge. This action on the part of the petitioner was malafide and unacceptable. The respondent has further stated during visit of the Commissioner, Chittagong Division (respondent No.1) to Bage Lake some 'Karbaries' of Naithong Mouza and some local people appeared before him and complained..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......id not proceed. He had heard that the accused persons cut the dead body of deceased Babor Ali into pieces and had thrown them into the river. He further stated that accused persons threatened the villagers to finish them if they give evidence. He also denied the defence suggestion that he was deposi..Category: Criminal Law | Date: | Hits: 145
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......men’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Workers Union & others, 30 DLR (19..Category: Labour and Industrial Law | Date: | Hits: 204
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......lso contended that at the time of handing over possession of the suit premises the tenant would hand over the receipts of all the paid up utility bills for Electricity, Gas, WASA, Telephone etc. in full which he consumed, to the landlord and thereby handover the possession of the suit premises w......9; Continental Corporation (Pvt.) Limited Vs. Al-Haj Md. Ismail, 16 BLD (AD) 285 = 48 DLR (AD) 90; Md. Nasiruddin Vs. Md Mizanur Rahman, Civil Petition for Leave to Appeal No.1300 of 2006 (BSCD 2008 page 121). Lawyers Involved: Mahbubey Alam with Gopal Chandra Saha, Advocates - For the Appel..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......e door of the attached bathroom when the accused opened the door. She saw that the head of her daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cutting knife in his hand. Police bein...... appeal and disposing the jail appeal. 2. The prosecution case, in brief, is that the informant’s husband had been living abroad for long 4 years and she along with her daughter Ayesha Akhtar aged 16 years and son Md. Moinuddin alias Suman aged 13 years had been living the place of occurrenc..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......, executed two further instruments enabling transfer of the same property to other persons. He cannot now take the benefit of having entered into a void contract, as he claims, since he did so having full knowledge of the fact that there was a prohibition on sale of the property in question within 1...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......encing the petitioner as nothing was recovered from the possession of the petitioner. 10. Ms. Yesmin Begum Bithi, the learned Assistant Attorney General on behalf of the State submits that after a full fledged trial, the trial Court convicted and sentenced the petitioner which was affirmed by the...... first information report with Hakimpur police station against the arrested accused Dr. Md. Rahmat Ali Upazila Health and Family Planning Officer, Hakimpur, Dinajpur, son of late Jahur Meah, of village Birampur Bazar, Police Station Birampur, District Dinajpur alleging that she voluntarily took LP..Category: Criminal Law | Date: | Hits: 87
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......ys Department of the Government, Ministry of Communication (Road and Railway Division). The Company has been constructing bridges and culverts for long 27 years under the Government. It has successfully completed construction of many bridges. At the moment it is engaged in constructing Moheshkh...... Railway Division). The Company has been constructing bridges and culverts for long 27 years under the Government. It has successfully completed construction of many bridges. At the moment it is engaged in constructing Moheshkhali Bridge, Dharla Bridge, Bancharampur Bridge and the construction o..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....rted behaving whimsically which has now gone to the extent which the petitioners find totally unacceptable. Respondent No.2 because of his old age, has lost his mental balance and has married a young woman who is of his daughter’s age. Although the company's productions and business were very sati......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......s except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being a family concern the entire business affairs and management of the Company were run by him in the manner of a proprietorship concern. The Company has al..Category: Company Law | Date: | Hits: 225
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