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....intiff in the suit alleging that the defendant in order to avoid payment of the decretal amount, is trying to sell out his properties described in the schedule of the application, but it disclosed no particulars. The plaintiff also could not furnish any material in his support.
5. In these circ......nder Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the defendant in order to avoid payment of the decretal amount, is trying to sell out his properties described in the schedule of th......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
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Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....he trial Court allowing the examination of additional witness at a late stage after the examination of prosecution and defence witnesses and the examination of the accused under section 342 CrPC particularly when the defence has been fully disclosed after the case was once argued on behalf of t...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....;……Petitioner Vs. Inland Water Transport Authority & others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunctio...... by the plaintiff against the defendants. The defendants, on the other hand, prepared a bill for their salvage charges for an amount of Taka 44,129.80 only and sent the same to the plaintiff claiming payment thereof. However, on the claim and counter claim there were several correspondences made bet......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....tively. 3. The Defendants contested the suit by filing a joint Written Statement denying the material averments made in the Plaint and contending, inter alia, that the suit was bad for defect of parties, that the answering Defendants have no concern with the Over-Draft granted to the late Halim......th, the Defendants did not pay any heed to the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action for the suit arose on 10.6.70 when the Over Draft f......anced to Tk. 70,000.00 on 12.12.70; that in Order to secure the Over Draft amount, the said Halima Khatoon pledged National Investment Trust Certificates (N.I.T) valued at Tk. 83,000.00 that the said loan was payable by her on or before 31.12.71 which she failed to do and further the N.I.T. Certific..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....d Most. Shireen Akhter, Advocates‑For petitioner in Criminal Revision No. 1336 of 1992 and petitioner in Criminal Misc, No. 536 of 1992. SS Halder with Probir Halder, Advocates‑ For Opposite party in Criminal Revision No. 1336 of 1992 and petitioner in Criminal Misc. No.536 of 1992. Sy...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....ritory now comprised in Bangladesh but he is not a citizen of Bangladesh as he had been staying abroad before the liberation of Bangladesh. It was further asserted that the detenu-petitioner actively participated in the anti-Bangladesh campaign both inside and outside the country during the war of l...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
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Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... and 3 others..................Appellants Vs. State....................................................Respondent Judgment July 8, 1993. Result: The appeal is allowed in part, dismissed relates to accused appellant,conviction and sentence are upheld, but the appeal is a...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....erved on the person in possession or on any adult male member of his family or, where none of them is available or they refuse to receive the notice, by affixing a copy of the notice to a conspicuous part of the residence of such person and also, where the abandoned property consists of any immovabl......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....stant Judge, 5th Court, Dhaka allowing an application for amendment of the plaint of Title Suit No.13 of 1991. 2. The application for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. Hi...... to Nowab Estate, Dhaka and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent. During his peaceful possession as owner, some of the employees of the pe...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....;.Respondents Judgment June 21, 1993. Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a di......red any title in the suit land they would have paid rent for the same to the Government from 1363 BS after the acquisition of rent receiving interest. They utterly failed to make out any such case of payment of rent to the Government. How could the plaintiffs enjoy the suit land from 1363 BS till th......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....d to be entitled to practice in the Supreme Court as an Advocate. 2. The case of the petitioner is that he is a duly elected Member of the Parliament and is acting as leader of the parliamentary party of Jatiya Party. He was called to the English Bar from Lincoln's Inn in 1966 as a Barriste......urt Bar Association provides for an appeal by a member who has ceased to be a member by operation of Article 6 of the said Constitution which provided cessation of membership for default of payment of dues. The order impugned in the appeal was not for cessation of membership for default bu......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....ment employees of Bangladesh known as the Bangladesh Retired Government Employees Welfare Association registered under the Voluntary Social Welfare Agency (Registration and Control) Ordinance, 1961. Apart from being government employees themselves the petitioner No.2 happened to be the President of ...... No. ME (Regn‑1)3P‑28/85/60 dated 10.8.85 as at Annexure‑C to the writ petition which is impugned in this case. In addition to pension certain other benefits such as, commutation of pension and payment of lumpsum‑amount in lieu thereof known as gratuity and of net payment of a lump‑sum amo......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
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Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....lway authorities and to supply them all necessary papers for the purpose of getting lease of the land. Thereafter, necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief Estate Officer that an in......f Bangladesh Railways in his letter to the Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Ban......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
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Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....O Cases also asserted that by the above Government notification the above minimum wages were made effective from 1st July, 1979. 18. The petitioners of these writ petitions who were the opposite parties in the above IRO Cases appeared before the learned Labour Court and contested all the above ...... between the amount actually paid to such worker and the amount which would have been paid to him had there been no such contravention." Sub‑section (1) of section 9, therefore, prohibits payment of any wages by an employer to a worker below the minimum wages fixed in section 6. Sub......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....haka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 ......ey in the form of one son of income," if even accepted, the same money entered in another passage in another form of income in the hands of the Corporation, the said amount can be taxed twice as payment to the Corporation is its income and the Corporation is a different unit of taxation. As the...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....egar. It is, thus, clear that the conjugal life of the deceased with the accused was not happy, that she used to be mal‑treated by the accused and that such bitter matrimonial relationship played a part in the causing of death of the deceased. There is nothing to show that the accused was not in t......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
.... witness. P.W. 9 Abdur Rashid was also a passenger of the said bus of the alleged dacoity and P.W.10. Md. Redwan Ali, was the Officer-in-Charge of the Mirzapur Police Station at the relevant time who partly investigated the case and recorded the F.I.R. (Ext.1). All the above witnesses except P.Ws. 4......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are integral parts of the law itself and need not be super added……….. (15) Public inter......s the contention of the learned Counsel appearing for the petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave the country for......n of the learned Counsel appearing for the petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave the country for ever, is essen..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... 7. The petitioner has maintained that he is the same person to whom the land was allotted and that although Khan was his family title, he did not always use that name. It is not unusual in this part of the world not to use the family title. So on that score alone it cannot be said that the pet......ed out to the petitioner by conveyance deed for a period of 99 years measuring 131 sq. yards and transferring the house (one room) built thereon for a consideration of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... day after the detenu was arrested a complaint petition was lodged with the Chief Metropolitan Magistrate, Dhaka being case No.382 A1‑1/92 by the General Manager, Bangladesh Bank, Banking Control Department, Head Office, Dhaka against the detenu and 19 others for taking cognizance of the offence p......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ch the detenu grabbed along with other Directors of BCI Ltd. and the detenu by violating the Banking law committed fraud upon the depositors, making irregularities in the banking deposit and grant of loan in an illegal way, there is every apprehension of his going out of the country. If he is detain..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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